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AB-1559 Firearms: emergency concealed carry permits.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1559:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1559


Introduced by Assembly Member Melendez

February 22, 2019


An act to amend Section 26185 of, and to add Section 26159 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1559, as introduced, Melendez. Firearms: emergency concealed carry permits.
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. 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 exempts from the prohibition against carrying a loaded firearm in public, a person who reasonably believes they are in immediate grave danger, as specified.
This bill would authorize a person who, because of prior victimization or based on specific articulable facts, reasonably believes that they are in immediate and grave danger of domestic violence, sexual assault, or stalking, as specified, to apply to the sheriff in the county in which they reside for a temporary emergency license to carry a concealed firearm. The bill would require the sheriff to immediately issue an emergency license to such a person if that person submits a signed affidavit describing their circumstances. The bill would authorize the sheriff to verify the applicant’s eligibility to receive a license, as specified, but would require such verification to be completed without delay and at the time of application.
The bill would also allow an applicant to simultaneously apply for a regular license to carry a concealed firearm and would require such a license to be approved within the period the emergency license is valid, contingent on the applicant’s eligibility and completion of the requirements for a regular license. The bill would require that the facts that provide eligibility for the granting of an emergency license establish good cause for the eligibility of the regular license.
The bill would require the Department of Justice to complete the fingerprint report for a regular license applied for pursuant to this bill within 21 days.
By placing new requirements on county sheriffs to accept and process applications for emergency licenses. This bill would impose a state mandate.
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: YES   Local Program: YES  

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


SECTION 1.

 Section 26159 is added to the Penal Code, to read:

26159.
 (a) A person described in subdivision (g) may apply to the sheriff of the county in which they reside for an emergency license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) A person applying for an emergency license pursuant to this section shall submit a written affidavit, signed under the penalty of perjury, that includes specific and articulable facts describing the applicant’s need for an emergency license, and attesting that the person is not prohibited by law from owning or possessing a firearm.
(c) A sheriff shall, upon receipt of an application pursuant to this section, immediately and without delay issue to the person a temporary license to carry a pistol, revolver, or other firearm capable of being concealed upon the person which shall be valid until 30 days after the issuance and shall not be renewed or reissued.
(d) (1) A sheriff may, prior to issuance of an emergency license pursuant to this section, reasonably verify the following:
(A)  That the applicant is a resident of the county.
(B)  That the applicant is not prohibited from owning or possessing a firearm.
(C)  That the signed affidavit, on its face, establishes that the applicant is a person described in subdivision (g).
(2) The sheriff shall not, prior to issuance of the emergency license, investigate the facts or veracity of the affidavit.
(3) Any verification authorized by this subdivision shall take place at the time the application is submitted and shall not unreasonably delay the immediate issuance of the emergency license.
(4) For the purposes of determining if an applicant is not prohibited from owning or possessing a firearm, the sheriff may use state criminal summary history information obtained through the California Law Enforcement Telecommunications System (CLETS).
(e) An emergency license issued pursuant to this section grants the same privileges and protections as a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person that is issued pursuant to Section 26150 or 26155.
(f) (1) An applicant for an emergency license described in this section may, at the time of application, also submit an application for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person described in Section 26150. Fingerprints submitted to the Department of Justice, pursuant to Section 26185, for an application made pursuant to this subdivision, shall include a notation that they are being submitted for an application made pursuant to this subdivision and require expedited processing.
(2) An application for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person described in Section 26150 that is submitted concurrent with an application for an emergency license, pursuant to this subdivision, shall be accepted without payment of the required fees and without completion of the course of training described in Section 26165.
(3) The sheriff shall, within 30 days after the initial application is made, issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person described in Section 26150 for which an applicant has applied pursuant to this subdivision, if the applicant has subsequently met all of the requirements of Section 26150, including completion of the course of training described in Section 26165 and payment of all required fees. For purposes of those requirements, the facts stated in the affidavit described in subdivision (b), if not fraudulent, shall establish good cause for the issuance of the license.
(g) An applicant eligible for an emergency license pursuant to this section shall reasonably believe that they are in immediate and grave danger due to having been a victim of, or, based on specific articulable facts, reasonably fear they are in immediate and grave danger of becoming a victim of, an act of domestic violence, sexual assault, or stalking, and reasonably believe that a firearm is necessary to protect them from harm.

SEC. 2.

 Section 26185 of the Penal Code is amended to read:

26185.
 (a) (1) The fingerprints of each applicant shall be taken and two copies on forms prescribed by the Department of Justice shall be forwarded to the department.
(2) Upon receipt of the fingerprints and the fee as prescribed in Section 26190, the department shall promptly furnish the forwarding licensing authority a report of all data and information pertaining to any applicant of which there is a record in its office, including information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(3) No license shall be issued by any licensing authority until after receipt of the report from the department.
(b) Notwithstanding subdivision (a), if the license applicant has previously applied to the same licensing authority for a license to carry firearms pursuant to this article and the applicant’s fingerprints and fee have been previously forwarded to the Department of Justice, as provided by this section, the licensing authority shall note the previous identification numbers and other data that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 26225 and no additional application form or fingerprints shall be required.
(c) If the license applicant has a license issued pursuant to this article and the applicant’s fingerprints have been previously forwarded to the Department of Justice, as provided in this section, the licensing authority shall note the previous identification numbers and other data that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 26225 and no additional fingerprints shall be required.
(d) The department shall expedite the report for any application made pursuant to subdivision (f) of Section 26159, and furnish the report to the licensing authority no less than 21 days after the receipt of fingerprints.

SEC. 3.

 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.