Today's Law As Amended


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SB-1386 Firearms: concealed carry licenses. (2021-2022)



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 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 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.

SEC. 2.

 Section 26155 of the Penal Code is amended to read:

26155.
 (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 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 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.
(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 loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Nothing in this chapter shall 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.
 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.