Today's Law As Amended


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AB-3026 Firearms: concealed carry licenses.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 26150 of the Penal Code is amended to read:

26150.
 (a) When If  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  handgun, the  sheriff of a county shall 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, 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. 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. a concealed handgun. 
(2) Where If  the population of the county issuing the license  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 a pistol, revolver, or other firearm capable of being concealed upon the person. county. 
(c) (1) Nothing in this chapter shall  This chapter 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 If  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  handgun, the  chief or other head of a municipal police department of any city or city and county shall 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, as determined pursuant to Section 26202, exists for issuance of the license. 
(3) The applicant is a resident of that city or city and county. 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. city. 
(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 chief or other head of a municipal police department 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. 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 a pistol, revolver, or other firearm capable of being concealed upon the person. county. 
(c) Nothing in this chapter shall  This chapter 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 26156 is added to the Penal Code, to read:

26156.
 A resident of another state who does not maintain a residence within the State of California may apply to the sheriff of any county for a license to carry a handgun. The sheriff of a county may, at his or her discretion, issue a license to that person upon proof of all of the following:
(a) The applicant is of good moral character.
(b) Good cause, as determined pursuant to subdivision (b) of Section 26202, exists for issuance of the license.
(c) The applicant has completed a course of training as described in Section 26165.

SEC. 4.

 Section 26202 of the Penal Code is amended to read:

26202.
 (a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or renew a license pursuant to Section 26150, 26155, or 26170 if the applicant:
(1) Is reasonably likely to be a danger to self, others, or the community at large, as demonstrated by anything in the application for a license or through the investigation described in subdivision (b), or as shown by the results of any psychological assessment, including, but not limited to, the assessment described in subdivision (e) of Section 26190.
(2) Has been convicted of contempt of court under Section 166.
(3) Has been subject to any restraining order, protective order, or other type of court order issued pursuant to the following statutory provisions, unless that order expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application:
(A) Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code.
(B) Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
(C) Sections 136.2 and 18100.
(D) Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure.
(E) Section 213.5, 304, 362.4, 726.5, or 15657.03 of the Welfare and Institutions Code.
(4) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been convicted of an offense listed in Section 422.6, 422.7, 422.75, or 29805.
(5) Has engaged in an unlawful or reckless use, display, or brandishing of a firearm.
(6) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been charged with any offense listed in Section 290, 667.5, 1192.7, 1192.8, or 29805 that was dismissed pursuant to a plea or dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
(7) In the five years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been committed to or incarcerated in county jail or state prison for, or on probation, parole, postrelease community supervision, or mandatory supervision as a result of, a conviction of an offense, an element of which involves controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol.
(8) Is currently abusing controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol.
(9) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has experienced the loss or theft of multiple firearms due to the applicant’s lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm. For purposes of this paragraph, “multiple firearms” includes a loss of more than one firearm on the same occasion, or the loss of a single firearm on more than one occasion.
(10) Failed to report a loss of a firearm as required by Section 25250 or any other state, federal, or local law requiring the reporting of the loss of a firearm.
(b) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a) of this section, the licensing authority shall conduct an investigation that meets all of the following minimum requirements:
(1) An in-person interview with the applicant. For renewal applications, the licensing authority may elect to forgo this requirement.
(2) In-person, virtual, or telephonic interviews with at least three character references, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable. For renewal applications, the licensing authority may elect to forgo this requirement.
(3) A review of publicly available information about the applicant, including publicly available statements published or posted by the applicant.
(4) A review of all information provided in the application for a license.
(5) A review of all information provided by the Department of Justice in accordance with subdivision (a) of, paragraph (2) of subdivision (b) of, and paragraph (3) of subdivision (c) of Section 26185, as well as firearms eligibility notices or any other information subsequently provided to the licensing authority regarding the applicant.
(6) A review of the information in the California Restraining and Protective Order System accessible through the California Law Enforcement Telecommunications System.
(c) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), nothing in this section precludes the licensing authority from engaging in investigative efforts in addition to those listed in subdivision (b).
(d) Within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority shall give written notice to the applicant of the licensing authority’s initial determination, based on its investigation thus far, of whether an applicant is a disqualified person pursuant to Section 26150, 26155, or 26170 as follows:
(1) If the licensing authority makes an initial determination that, based on its investigation thus far, the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements specified in Section 26165. The licensing authority shall then submit the applicant’s fingerprints or the renewal notification to the Department of Justice in accordance with Section 26185.
(2) (a)  If, within 90 days of receiving the completed application for a new license or a license renewal,  Upon making the determination of good cause pursuant to Section 26150 or 26155,  the licensing authority determines that the applicant is a disqualified person, the  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,  denied and shall  state the reason as to why the determination was made, and inform the applicant that they may request a hearing from a court, as outlined in Section 26206. A licensing authority providing notice under this paragraph informing the applicant that the request for a license has been denied satisfies the requirement to provide notice of a denial of a license pursuant to Section 26205. 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:
(e) (A)  The prohibitions listed in subdivision (a) shall apply whether or not the relevant conduct, order, conviction, charge, commitment, or other relevant action took place or was issued or entered before the effective date of the act that added this subdivision.  Section 1 of Article I 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 life and 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. 5.
  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.