Today's Law As Amended


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AB-757 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 a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the  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  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 concealed a pistol, revolver, or other firearm capable of being concealed upon the person. 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 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 a person applies for a 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 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  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 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 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.