From ba-firearms-request Tue Mar 8 15:01:45 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id PAA09101; Tue, 8 Mar 1994 15:01:33 -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 PAA09097 for ; Tue, 8 Mar 1994 15:01:32 -0800 Received: from crash.cts.com (crash.cts.com [192.188.72.17]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id PAA28385 for ; Tue, 8 Mar 1994 15:01:31 -0800 Received: by crash.cts.com (Smail3.1.28.1 #18) id m0peAlJ-0000P9C; Tue, 8 Mar 94 15:00 PST Message-Id: From: lairdb@crash.cts.com (Laird P. Broadfield) Date: Tue, 8 Mar 1994 15:00:28 -0800 Return-receipt-to: lairdb@crash.cts.com X-Mailer: Mail User's Shell (7.2.2 4/12/91) To: ca-firearms@shell.portal.com Subject: Details: CA CCW reform -- long Status: RO jwalker@ISI.EDU wrote: >I've spoken to Assy. Ross Johnson's office. He has introduced >legislation that will reform the current CCW permit system. I haven't >read the bill yet (AB 3368) but a copy is on the way. >I've also spoken with Senator Bill Leonard's office. He has written a >bill (Senate Bill 1717) that would reform the current CCW permit >system. What his bill does is define "good cause", make the policy [etc.] Courtesy leginfo.public.ca.gov, attached are copies of the Counsel's Digest of both AB3368 and SB1717. My own micro-summary (after a quick scan of the digest and bill; read the damn thing yourself) is: AB3368 Johnson: Unlicenced CCW becomes a felony, issue is non-discretionary with a very clean list of requirements, carry only listed weapons, still may include "reasonable" restrictions, clean appeal process too, specifies costs in detail. SB1717 Leonard: Issue seems non-discretionary, but "good cause" and "good character" are required (phhhhbbbbtt!). Includes appeal process, but not as well defined as AB3368's. Specifies costs, again not as firmly. Nano-summary (___IMO___): AB3368: Excellent! Gnarly, dudes! (Not quite the best there is, but damn near.) SB1717: Bogus! (A difference that makes no difference; either Leonard doesn't read his own bills, or it's not a real issue for him. A typical "compromise" that won't fix anything.) Again, get the entire bills yourself and read them. (Write this next part down. Now. Go get a pencil and a rolodex card. Yes, a pen is okay.) The CA Legislative Document room can be reached at +1 916 445 2323, have the bill numbers and your mailing address ready. Be nice, they're just clerks. The ftp site leginfo.public.ca.gov has copies of all pending legislation (and there's a *lot* of it, eeep!). These two bills are available as /pub/bills/asm/ab_3351-3400/ab_3368* /pub/bills/sen/sb_1701-1750/sb_1717* Then, do something about it. (Like call. Or fax. Or write. (Yes, a pen is okay. Don't use a crayon.)) /**/ 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. /**/ LEGISLATIVE COUNSEL'S DIGEST SB 1717, as introduced, Leonard. Firearms. Existing law sets forth procedures for 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 firearm capable of being concealed upon the person. This bill would repeal these provisions. The bill would provide, instead, for revised procedures which would require the sheriff or a head of any city or city and county municipal police department to issue a permit to carry a pistol, revolver, or firearm capable of being concealed upon the person upon proof of good moral character, good cause, as specified, and county residency if the person meets certain eligibility criteria. The bill would specify application acceptance and denial requirements, hearing procedures upon denial, and the authority to restrict or condition the license, as provided. Existing law specifies procedures for the payment of fees for new licenses or the renewal of licenses to carry a pistol, revolver, or firearm capable of being concealed. Existing law authorizes the licensing authority to charge the applicant for certain application processing costs of the Department of Justice and additional fees, not to exceed $3, for specified application processing costs of the licensing authority. This bill would revise this provision. The bill would provide, instead, that the issuing authority may charge, in addition to certain application processing costs of the department, a fee, not to exceed $40 for application processing costs of the issuing authority. The bill also would authorize the issuing authority to charge a fee of $2.50 to be transferred to the Department of Justice for the cost of any course certification provided by the department. Because this bill would increase the duties of local agencies required to issue licenses, it would impose 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains 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. /**/ -- Laird P. Broadfield lairdb@crash.cts.com