Today's Law As Amended


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AB-1134 Firearms: concealed firearm licenses.(2015-2016)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature in enacting this measure to respond to the Superior Court of the County of Los Angeles decision in Lu v. County of Los Angeles (2014) BC480493, by providing county sheriffs with the same authority to enter into agreements with a local police chief or other head of a municipal police department as is provided to a police chief or other head of a municipal police department in subdivision (c) of Section 26155 of the Penal Code. That authority is intended to include, but not be limited to, the ability to enter into an agreement delegating to the chief or other head of the city’s police department, the sheriff’s discretionary authority to issue licenses to city residents to carry a concealed firearm.
(b) This legislation is not intended to restrict a chief or other head of a municipal police department’s authority under existing law to issue, renew, or amend a license to carry a concealed firearm for a resident of the city in instances in which the sheriff has denied the resident’s application, except where that authority has been delegated to the sheriff by mutual agreement.
(c) This legislation is not intended to restrict a sheriff’s authority under existing law to issue, renew, or amend a license to carry a concealed firearm for a resident of a city in instances in which the chief or other head of the municipal police department has denied the resident’s application, except where that authority has been delegated to the chief or other head of a municipal police department by mutual agreement.

SEC. 2.

 Section 26150 of the Penal Code is amended to read:

26150.
 (a) When a person applies for a new license or license renewal  license  to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall may  issue or renew  a license to that person upon proof of all of the following:
(1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. of good moral character. 
(2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. Good cause 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. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. 
(4) The applicant has completed a course of training as described in Section 26165.
(5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued.
(b) The sheriff shall may  issue or renew  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.