CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1932

Introduced by Assembly Member Fong

January 24, 2018

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


LEGISLATIVE COUNSEL'S DIGEST


AB 1932, as introduced, Fong. Firearms: licenses to carry concealed firearms.
Existing law authorizes the sheriff of a county or a chief or other head of a municipal police department of a city or a city and county to issue a license to carry a concealed firearm upon proof that the person applying for the license is of good moral character, that good cause exists for the issuance, that the applicant satisfies specified residency requirements, and that the applicant has completed a course of specified training. Existing law requires the Department of Justice, upon receipt of fingerprints and the prescribed fee from the applicant, to promptly furnish a background check report to the licensing authority including information as to whether the applicant is prohibited from possessing, receiving, owning, or purchasing a firearm.
This bill would require the department to furnish that background check report to the licensing authority within 60 days of receipt of the fingerprints and fee.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 shall, within 60 days, 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 A license shall not be issued by any a 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 department 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 department on the copy of any subsequent license submitted to the department in conformance with Section 26225 and no additional fingerprints shall be required.