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To: ca-firearms@shell.portal.com
Subject: Complete Text of AB 3368
Date: Tue, 08 Mar 1994 14:54:22 PST
From: John Walker <jwalker@ISI.EDU>
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.



