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AB-1394 Firearms: concealed carry licenses.(2017-2018)

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Date Published: 03/31/2017 04:00 AM
AB1394:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1394


Introduced by Assembly Member Travis Allen

February 17, 2017


An act relating to crimes. to amend Sections 26150, 26155, and 26170 of, to add Section 26250 to, and to repeal Section 26202 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1394, as amended, Travis Allen. Crimes: child prostitution. Firearms: concealed carry licenses.
Existing law prohibits a person from carrying a concealed firearm. Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
Existing law prohibits the possession of a firearm in certain specified locations, including in a state or local public building, in a public transit facility or aboard a public transit vehicle, or in a state park. Existing law provides an exemption from these prohibitions for persons who possess a valid license to carry a concealed firearm.
Existing law additionally prohibits the possession of a firearm in certain other locations, but does not provide an exemption for persons who possess a valid license to carry a concealed firearm. These locations include gun shows, polling places, labor demonstrations, the State Capitol, and the grounds of a school.
This bill would require the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, to an applicant who meets the criteria specified in existing law, but would not require the applicant to demonstrate good cause for issuance of the license.
This bill would exempt the holder of a valid license to carry a concealed firearm from prosecution under any state law or regulation that prohibits the possession of a firearm within any specified location.
By requiring local law enforcement authorities to issue a license to carry a concealed firearm, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it a crime to solicit or engage in any act of prostitution. Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who causes, induces, or persuades a person who is a minor at the time of the commission of the offense to engage in a commercial sex act is guilty of human trafficking, a felony.

This bill would state the intent of the Legislature to enact legislation that will meaningfully fight child prostitution.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26150 of the Penal Code is amended to read:

26150.
 (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may shall issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.

(2)Good cause exists for issuance of the license.

(3)

(2) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.

(4)

(3) The applicant has completed a course of training as described in Section 26165.
(b) The sheriff may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) (1) Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff.
(2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.

SEC. 2.

 Section 26155 of the Penal Code is amended to read:

26155.
 (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county may shall issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.

(2)Good cause exists for issuance of the license.

(3)

(2) The applicant is a resident of that city.

(4)

(3) The applicant has completed a course of training as described in Section 26165.
(b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Nothing in this chapter shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.

SEC. 3.

 Section 26170 of the Penal Code is amended to read:

26170.
 (a) Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, may shall issue to an applicant a license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person:
(1) The applicant is of good moral character.

(2)Good cause exists for issuance of the license.

(3)

(2) The applicant has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff or that chief of police or other head of a municipal police department.
(b) Direct or indirect fees for the issuance of a license pursuant to this section may be waived.
(c) The fact that an applicant for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 shall be considered only for the purpose of issuing a license pursuant to this section, and shall not be considered for the purpose of issuing a license pursuant to Section 26150 or 26155.

SEC. 4.

 Section 26202 of the Penal Code is repealed.
26202.

Upon making the determination of good cause pursuant to Section 26150 or 26155, the licensing authority shall give written notice to the applicant of the licensing authority’s determination. If the licensing authority determines that good cause exists, the notice shall inform the applicants to proceed with the training requirements specified in Section 26165. If the licensing authority determines that good cause does not exist, the notice shall inform the applicant that the request for a license has been denied and shall state the reason from the department’s published policy, described in Section 26160, as to why the determination was made.

SEC. 5.

 Section 26250 is added to the Penal Code, to read:

26250.
 (a) Notwithstanding any provision of law, a person who possesses a valid license to carry a concealed firearm issued pursuant to this chapter is exempt from prosecution under any state law or regulation that prohibits the possession of a firearm or ammunition within a certain specified location, including, but not limited to, Section 171c or 27330 of this code, and Section 18544 of the Election Code.
(b) Nothing in this section is intended to affect any federal law or regulation regarding the possession of firearms on federal property or other areas regulated by federal law, or the right of an owner of private property to restrict the possession of firearms upon privately owned property.

SEC. 6.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact legislation that will meaningfully fight child prostitution.