From ba-firearms-request Tue Mar 8 14:55:23 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id OAA08665; Tue, 8 Mar 1994 14:55:11 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id OAA08661 for ; Tue, 8 Mar 1994 14:55:09 -0800 Received: from lepton.isi.edu (lepton.isi.edu [128.9.80.80]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id OAA27336 for ; Tue, 8 Mar 1994 14:54:58 -0800 Received: from valerie.isi.edu by lepton.isi.edu (5.65c/5.61+local-16) id ; Tue, 8 Mar 1994 14:53:48 -0800 Message-Id: <199403082253.AA22167@lepton.isi.edu> To: ca-firearms@shell.portal.com Subject: Complete Text of AB 3368 Date: Tue, 08 Mar 1994 14:54:22 PST From: John Walker Status: RO pax version 1.2 BILL NUMBER: AB 3368 INTRODUCED 02/24/94 BILL TEXT INTRODUCED BY Assembly Member Johnson (Principal coauthors: Assembly Members Harvey, Mountjoy, and Rainey) (Coauthor: Senator Hill) FEBRUARY 24, 1994 An act to amend Sections 12051, 12052, 12053, and 12054 of, and to repeal and add Sections 12025 and 12050 of, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 3368, as introduced, Johnson. Firearms: licenses: pistols and revolvers. (1) Existing law prescribes various punishments for those persons found guilty of carrying concealed within any vehicle which is under their control or direction or concealed upon their persons any pistol, revolver, or other firearm capable of being concealed upon the person. This bill would repeal those provisions and would provide, instead, that any person who has not been issued a valid license to carry pistols and revolvers and who carries concealed upon his or her person or concealed within any vehicle any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a felony. The bill also would provide that any person who has been issued a valid license to carry a pistol, revolver, or other firearm capable of being concealed and who carries concealed upon his or her person or concealed within any vehicle any pistol, revolver, or other firearm capable of being concealed upon the person, with the intent to commit a felony, is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 3, or 4 years. This bill would impose a state-mandated local program by creating a new crime. (2) Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a pistol, revolver, or other firearm capable of being concealed, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of the county. This bill would repeal those provisions and would provide, instead, that within 60 days of the submission of an application, the sheriff of a county shall issue a license to carry a pistol, revolver, or other firearm capable of being concealed, to the applicant upon proof that he or she (a) is 21 years of age or older, (b) maintains his or her principal residence in the county, (c) has no outstanding arrest warrant or criminal charge, (d) has no prior conviction for any specified firearms offense, (e) is not within any class prohibited from owning or possessing firearms, (f) has been issued a basic firearms safety certificate, and (g) has furnished his or her fingerprints to the Department of Justice. The bill also would prohibit the county sheriff from issuing a license to carry pistols or revolvers to any person who is identified as having a history of drug or alcohol abuse. The bill would further require the county sheriff to explain in writing every denial of an application or revocation of a license, and would allow any person whose application is denied or whose license is revoked to appeal the sheriff's determination to the Attorney General, as specified. This bill would impose a state-mandated local program by mandating a higher level of service on county sheriffs. (3) Existing law requires each applicant for a new license or renewal license to pay at the time of filing his or her application a fee determined by the Department of Justice, as specified. This bill would provide, instead, that each applicant for a new license or renewal license shall pay at the time of filing his or her application a $50 fee, plus a fee determined by the Department of Justice, as specified. (4) Existing law provides that in the case of an amended license, the licensing authority of any city or county may charge a fee not to exceed $3 for processing the amended license. This bill would provide, instead, that in the case of an amended license, the sheriff of any county may charge a fee not to exceed $10 for processing the amended license. (5) 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 no reimbursement is required by this act for a specified reason. However, the bill would provide that, if the Commission on State Mandates determines that this bill contains other costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12025 of the Penal Code is repealed. {- 12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (b) Carrying a concealed firearm in violation of this section is punishable, as follows: (1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony. (2) Where the person violates paragraph (2) of subdivision (a) and has been convicted of a crime against the person, property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (3) Where the person violates paragraph (2) of subdivision (a), as a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (4) In all cases other than those specified in paragraphs (1), (2), and (3), as a misdemeanor. (c) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months. (2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (d) The court shall apply the three-month minimum sentence as specified in subdivision (c), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (c) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (c), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition. (e) Firearms carried openly in belt holsters are not concealed within the meaning of this section. -} SEC. 2. Section 12025 is added to the Penal Code, to read: 12025. (a) Any person who has not been issued a valid license pursuant to Section 12050 and who carries concealed upon his or her person or concealed within any vehicle any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a felony. (b) Any person who has been issued a valid license pursuant to Section 12050 and who carries concealed upon his or her person or concealed within any vehicle any pistol, revolver, or other firearm capable of being concealed upon the person with the intent to commit a felony is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or four years. SEC. 3. Section 12050 of the Penal Code is repealed. {- 12050. (a) (1) The sheriff of a county or the chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of the county, may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats: (A) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (B) 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 that county a pistol, revolver, or other firearm capable of being concealed upon the person. (2) A license issued pursuant to this section is valid for any period of time not to exceed one year from the date of the license, or in the case of a peace officer appointed pursuant to Section 830.6, three years from the date of the license. (b) A license may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued. (d) A license shall not be issued if the Department of Justice determines that the person is within a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (e) (1) The license shall be revoked by the local licensing authority if at any time either the local licensing authority is notified by the Department of Justice that a licensee is within a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, or the local licensing authority determines that the person is within a prohibited class described in Section 12021 or 12021.1 of the code or Section 8100 or 8103 of the Welfare and Institutions Code. (2) If at any time the Department of Justice determines that a licensee is within a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, the department shall immediately notify the local licensing authority of the determination. (3) If the local licensing authority revokes the license, the Department of Justice shall be notified of the revocation pursuant to Section 12053. The licensee shall also be immediately notified of the revocation in writing. (f) (1) A person issued a license pursuant to this section may apply to the licensing authority for an amendment to the license to do one or more of the following: (A) Add or delete authority to carry a particular pistol, revolver, or other firearm capable of being concealed upon the person. (B) Authorize the licensee to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (C) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person. (D) Change any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (2) When the licensee changes his or her address, the license shall be amended to reflect the new address and a new license shall be issued pursuant to paragraph (3). (3) If the licensing authority amends the license, a new license shall be issued to the licensee reflecting the amendments. (4) The licensee shall notify the licensing authority in writing within 10 days of any change in the licensee's place of residence. If the license is one to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person, then it may not be revoked solely because the licensee changes his or her place of residence to another county if the licensee has not breached any conditions or restrictions set forth in the license or has not fallen into a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately if the licensee changes his or her place of residence to another county. (5) An amendment to the license does not extend the original expiration date of the license and the license shall be subject to renewal at the same time as if the license had not been amended. (6) An application to amend a license does not constitute an application for renewal of the license. -} SEC. 4. Section 12050 is added to the Penal Code, to read: 12050. (a) The Legislature hereby finds and declares that honest and law-abiding citizens of this state who are 21 years of age or older and have no history of committing violent crime or abusing drugs or alcohol are presumed to be eligible for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person for the purpose of self-defense. (b) (1) Except as provided in paragraph (2), within 60 days of the submission of an application, the sheriff of a county shall issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person to the applicant upon proof that he or she meets each of the following criteria: (A) The applicant is 21 years of age or older. (B) The applicant maintains his or her principal residence in the county. (C) The applicant has no outstanding arrest warrant or criminal charge. (D) The applicant has no prior conviction for any offense made punishable by this chapter. (E) The applicant is not within a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (F) The applicant has been issued a basic firearms safety certificate pursuant to Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4. (G) The applicant has furnished his or her fingerprints to the Department of Justice pursuant to Section 12052. (2) The sheriff of a county shall not issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person to any person who is identified as having a history of drug or alcohol abuse. (c) Any license issued pursuant to subdivision (b) shall be in either of the following formats: (1) A license valid throughout this state to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of a county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person. (d) Every license issued pursuant to this section shall remain valid for three years from the date of its issuance and shall apply to no more than two pistols, revolvers, or other firearms capable of being concealed upon the person. (e) If an applicant fails to meet each of the criteria specified in paragraph (1) of subdivision (b) or is prohibited from being issued a license under paragraph (2) of subdivision (b), the sheriff of a county shall deny his or her application within 60 days of its submission. The sheriff shall cause every denial of an application and every revocation of a license under subdivision (f) to be accompanied by a written explanation of every criterion that the applicant or licensee failed to meet or the basis for identifying the applicant or licensee as a person who is prohibited from being issued a license under paragraph (2) of subdivision (b). (f) The sheriff of a county shall revoke any license issued pursuant to subdivision (b) if the licensee fails to continue to meet each of the criteria specified in paragraph (1) of subdivision (b) or is subsequently identified as having a history of drug or alcohol abuse. (g) (1) Any person whose application is denied under subdivision (e) or whose license is revoked under subdivision (f) by the sheriff of a county may appeal that decision to the Attorney General. (2) (A) Within 60 days of his or her receipt of an appeal, the Attorney General shall do either of the following: (i) Reverse the sheriff's denial or revocation of the license and direct the sheriff to issue or reissue a license to the appellant. (ii) Affirm the sheriff's denial or revocation of the license. (B) If the Attorney General affirms the sheriff's denial or revocation of a license, the Attorney General shall provide the appellant with a written explanation that addresses every criterion cited by the sheriff as the basis for his or her determination. (h) Any person who is issued a license pursuant to this section may apply to the sheriff of the county for an amendment to the license to substitute any pistol, revolver, or other firearm capable of being concealed upon the person to which the license applies with a different pistol, revolver, or other firearm capable of being concealed upon the person. SEC. 5. Section 12051 of the Penal Code is amended to read: 12051. (a) (1) Applications for licenses shall be filed in writing, signed by the applicant, and shall state the name, occupation, residence and business address of the applicant, his or her age, height, weight, color of eyes and hair {- , and reason for desiring a license to carry the weapon -} . Any license issued upon the application shall set forth the foregoing data and shall, in addition, contain a description of the weapon or weapons authorized to be carried, giving the name of the manufacturer, the serial number, and the caliber. (2) Applications for amendments to licenses shall be filed in writing and signed by the applicant {- , and shall state what type of amendment is sought pursuant to subdivision (f) of Section 12050 and the reason for desiring the amendment -} . (3) Applications for amendments to licenses, applications for licenses, amendments to licenses, and licenses shall be uniform throughout the state, upon forms to be prescribed by the Attorney General. The forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (b) Any person who files an application required by subdivision (a) knowing that statements contained therein are false is guilty of a misdemeanor. (c) Any person who knowingly makes a false statement on {- the -} {+ an +} application regarding any of the following {- shall be -} {+ is +} guilty of a felony: (1) The denial or revocation of a license, or the denial of an amendment to a license, issued pursuant to Section 12050. (2) A criminal conviction. (3) A finding of not guilty by reason of insanity. (4) The use of a controlled substance. (5) A dishonorable discharge from military service. (6) A commitment to a mental institution. (7) A renunciation of United States citizenship. SEC. 6. Section 12052 of the Penal Code is amended to read: 12052. (a) 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. Upon receipt of the fingerprints and the {- fee as -} {+ fees +} prescribed in Section 12054, the department shall promptly furnish the forwarding {- licensing authority -} {+ sheriff of a county +} 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 under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing, receiving, owning, or purchasing a firearm. No license shall be issued by any {- licensing authority -} {+ sheriff of a county +} until after receipt of the report from the department. (b) However, if the license applicant has previously applied to the same {- licensing authority -} {+ county sheriff +} for a license to carry firearms pursuant to Section 12050 and the applicant's fingerprints and fee have been previously forwarded to the Department of Justice, as provided by this section, the {- licensing authority-} {+ county sheriff +} shall note the previous identification numbers and other data that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 12053 and no additional application form or fingerprints shall be required. (c) If the license applicant has a license issued pursuant to Section 12050 and the applicant's fingerprints have been previously forwarded to the Department of Justice, as provided in this section, the {- licensing authority -} {+ county sheriff +} shall note the previous identification numbers and other data that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 12053 and no additional fingerprints shall be required. SEC. 7. Section 12053 of the Penal Code is amended to read: 12053. (a) A record of the following shall be maintained in the office of {- the licensing authority -} {+ every sheriff of a county +} : (1) The denial of a license. (2) The denial of an amendment to a license. (3) The issuance of a license. (4) The amendment of a license. (5) The revocation of a license. (b) Copies of each of the following shall be filed immediately by the{- issuing officer or authority -} {+ sheriff of a county +} with the Department of Justice: (1) The denial of a license. (2) The denial of an amendment to a license. (3) The issuance of a license. (4) The amendment of a license. (5) The revocation of a license. SEC. 8. Section 12054 of the Penal Code is amended to read: 12054. (a) Each applicant for a new license or {- for the -} {+ a +} renewal {- of a -} license shall pay at the time of filing his or her application a fee {+ in the amount of fifty dollars ($50), plus a fee +} determined by the Department of Justice not to exceed the application processing costs of the Department of Justice for the direct costs of furnishing the report required by Section 12052. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department's budget. The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice. The {- licensing authority -} {+ sheriff +} of any {- city or -} county may charge an additional fee, not to exceed three dollars ($3), for processing the application, and shall transmit the additional fee, if any, to the {- city or-} county treasury. (b) In the case of an amended license pursuant to subdivision {- (f) -} {+ (h) +} of Section 12050, the {- licensing authority -} {+ sheriff +} of any {- city or -} county may charge a fee, not to exceed {- three -} {+ ten +} dollars {- ($3) -} {+ ($10) +} , for processing the amended license and shall transmit the fee to the {- city or -} county treasury. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for those costs which may be incurred by a local agency or school district that will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. However, notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.