CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1096

Introduced by Assembly Member Melendez

February 21, 2019

An act to amend Sections 26150, 26155, and 26202 of, and to add Section 26156 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1096, as introduced, Melendez. Firearms: concealed carry licenses.
Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, if good cause exists for the issuance and the applicant is of good moral character and satisfies certain other criteria.
This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, if good cause exists for the issuance and the applicant is of good moral character and satisfies certain other criteria.
This bill would define “good cause” for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of “good cause.”
This bill would authorize a resident of another state to apply for a license to carry a handgun, as specified, from any sheriff in the state using the same procedure and would authorize that sheriff to issue a license.
The bill would make other technical, nonsubstantive changes.
By requiring a sheriff or chief of police to issue that license except in specified circumstances, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 26150 of the Penal Code is amended to read:

26150.
 (a) When If a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, 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 loaded and 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 unconcealed 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 preclude the The sheriff of the county from entering is authorized to enter 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 license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, 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 loaded and 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 unconcealed 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 preclude the The chief or other head of a municipal police department of any city from entering is authorized to enter into 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 their 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) 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 loaded and concealed 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, the applicant shall not be required to prove the existence of specific circumstances regarding their 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 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 loaded and concealed handguns 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.