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AB-757 Firearms: concealed carry licenses.(2017-2018)

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Date Published: 03/13/2017 09:00 PM
AB757:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 757

Introduced by Assembly Member Melendez

February 15, 2017

An act to amend Sections 26150, 26155, and 26202 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 757, as amended, Melendez. Firearms: concealed carry licenses.
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.
This bill would instead 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, if good cause exists and the applicant is of good moral character.
This bill would define “good cause” for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of “good cause.” The bill would make other technical, nonsubstantive changes.
By requiring a sheriff or chief of police to issue that license except in specified circumstances, 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.
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 handgun, 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, as determined pursuant to Section 26202, exists for issuance of the license.
(3) 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) 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 a concealed handgun.
(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 a loaded and exposed handgun in only that county.
(c) (1) Nothing in this This chapter shall does not 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 handgun, 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, as determined pursuant to Section 26202, exists for issuance of the license.
(3) The applicant is a resident of that city.
(4) 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 a concealed handgun.
(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 a loaded and exposed handgun in only that county.
(c) Nothing in this This chapter shall does not 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 26202 of the Penal Code is amended to read:

26202.
 (a) 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.
(b) (1) Good cause for the issuance of a license to carry a handgun includes, but is not limited to, self-defense, defending the life of another, or preventing crime in which human life is threatened.
(2) If an applicant’s stated cause is self-defense, defending the life of another, or preventing crime in which human life is threatened, he or she shall not be required to prove the existence of specific circumstances regarding his or her stated good cause.
(3) If an applicant’s stated cause is not self-defense, defending the life of another, or preventing crime in which human life is threatened, the sheriff or chief or other head of a municipal police department of a city or city and county may, by considering the following, determine whether the applicant has stated good cause:
(A) Section 1 of Article 1 of the California Constitution, including the declaration of rights providing that all people are by nature free and independent and have inalienable rights, and that among these are enjoying and defending liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
(B) The value of concealed firearms in deterring violent crime.

SEC. 4.

 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.