BILL ANALYSIS AB 357 Page 1 Date of Hearing: April 21, 2009 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Jose Solorio, Chair AB 357 (Knight) - As Amended: April 13, 2009 SUMMARY : Deletes the "good cause" requirement from provisions of law that authorize a sheriff of a county or a chief of a municipal police department to issue a license for a person to carry a concealed handgun, and requires that the sheriff issue the license upon proof that the person applying is of good moral character and meets other criteria relating to residency and firearms training. EXISTING LAW : 1)Provides a county sheriff or municipal police chief may issue a license to carry a firearm capable of being concealed upon the person upon proof that: a) The person applying is of good moral character [Penal Code Section 12050(a)(1)(A)]; b) Good cause exists for the issuance [Penal Code Section 12050(a)(1)(A)]; c) The person applying meets the appropriate residency requirements [Penal Code Section 12050(a)(1)(D)]; and, d) The person has completed the appropriate training course [Penal Code Section 12050(E)]. 2)Provides that the license may either: a) Allow the person to carry a concealed firearm on his or her person [Penal Code Section 12050(a)(1)]; or, b) Allow the person to carry a loaded and exposed firearm in a county whose population is less than 200,000 persons according to the most recent federal decennial census. [Penal Code Section 12050(a)(1).] AB 357 Page 2 3)Provides that a CCW license is valid for up to two years, three years for judicial officers, or four years in the case of a reserve or auxiliary peace officer. [Penal Code Section 12050(a)(2).] 4)Provides that a license may include any reasonable restrictions or conditions that the issuing authority deems warranted, which shall be listed on the license. [Penal Code Section 12050(b) and (c).] 5)Provides that the fingerprints of each applicant are taken and submitted to the Department of Justice. Provides criminal penalties for knowingly filing a false application for a concealed weapon license. [Penal Code Section 12051(b).] 6)Provides that a person may lawfully possess a loaded firearm in his or her place of business or residence. [Penal Code Section 12031(h)(l).] 7)Makes it generally unlawful to carry a concealed handgun or a loaded firearm in public and in vehicles. (Penal Code Sections 12025 and 12031.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "In California, for a citizen to protect themselves by exercising their 2nd Amendment Rights to carry a concealed weapon, one must apply through their local sheriff or police office for a permit (CCW). In addition, a new license applicant must show completion of an approved training course (of up to 24 hours in length) that includes instruction on firearm safety and the law regarding the permissible use of a firearm. The applicant must also provide fingerprints, and pay various fees, in addition to the actual cost of the license - totaling more than $100. "However, the most challenging obstacle in the process is the capricious nature by which law enforcement determines good moral character and the demonstration of good cause before a license will be issued. AB 357 Page 3 "In many instances, local officials set arbitrary standards for individuals applying for CCW's, which results in inequities across the state. In fact, depending on one's geographical location, he or she may not provide 'enough' justification to carrying a concealed weapon, or may be required to jump through an inordinate number of hoops, or required to wait an unreasonable number of weeks or months to get approved. In some communities throughout the state, the standard policy is to deny permits to most or all applicants. "More than 30 states have moved to a 'shall issue' for citizens who go through the arduous process of applying for a license. The undisputed facts are that the expanded issuances of concealed weapons around the country have resulted in reduced crime rates for those communities. "This proposal makes California a 'shall issue' state in an attempt to resolve the problem of arbitrary standards, thereby creating a fair and equitable process for all CCW applicants." 2)Arguments in Support : a) According to the American Justice Center , "The majority of states currently have 'shall issue' concealed carry laws, and, in every case, those laws have resulted in lower violent crime rates in the states where they have been introduced. California has a concealed carry permit system that is badly broken and behind the times- it is time we fixed it. In a day and age when budget constraints mandate the layoff of parole officers, the release of prison inmates, and reduction in law enforcement budgets, a heightened focus on personal security is incumbent upon us all. "AB 357 will finally bring equal protection under the law to the citizens of California who are currently subject to the personal whims and moods of 58 separate county sheriffs and hundreds of police chiefs. The disparate application of the CCW law in California has turned the right to personal protection outside one's home into a privilege granted only to the connected, the powerful, and the wealthy. California can do better, and AB 357 is a big step in the right direction." b) According to the California Association of Firearms AB 357 Page 4 Retailers , "The subjects of good cause and mandatory issuance of licenses to carry concealed weapons (CCW's) has been debated in the State Legislature many times. To date, these proposals have not advanced in the legislative process, primarily because of the opposition of law enforcement agencies who wish decide for themselves and the public what is good cause and whether a CCW should be issued. "CAFR believes that persons who are not lawfully prohibited from possessing firearms should be able to obtain a CCW if they wish to do so. The decision should be theirs, not that of an issuing agency. Other states that routinely issue CCW's to non-prohibited persons have not found that it has resulted in an increase in the crime rate or firearms related violence. To the contrary, many of the states that have adopted 'a shall issue' regulation have seen a measurable decrease in crime." 3)Arguments in Opposition : a) According to the California State Sheriffs' Association , "Under existing law, the sheriff of a county or police chief of a city may issue a permit to carry a concealed weapon upon proof that the person applying is of good moral character, that good cause exists for the issuance , and that the applicant has completed a course of training. "AB 357 not only removes the good cause requirement but it also requires, rather than authorizes, a sheriff to issue the applicant a concealed weapon permit if the applicant meets other requirements. The removal of law enforcement discretion sets a dangerous precedent, particularly in regards to firearm possession. Further, it creates more lenient standards by which a person can possess a firearm." b) According to the California Chapters of the Brady Campaign , "Existing law allows for sheriffs and chiefs of municipal police departments the discretion to issue permits for the carrying of concealed and loaded firearms (CCW permits). Law enforcement must find that a good cause exists, that the applicant is of good moral character, is a resident or employed within the jurisdiction, and has completed a course of training. This bill would delete the need to show good cause and require Sheriffs to issue a CCW AB 357 Page 5 permit if the other conditions are met. "The 'good cause' standard is a reasonable standard. The desire to carry a concealed firearm is often justified by the need for self defense. For issuance of a permit, an applicant should have to affirmatively demonstrate that a real threat exists, rather than an imaginary or theoretical threat. If the good cause standard were to be repealed, then a potential applicant would only have to demonstrate the he or she is a good moral character. In practice, this condition is met by a being able to pass a criminal background check. A background check says nothing about ones character; it simply shows that an individual has not been convicted of a felony or violent misdemeanor charge. Sheriffs must be allowed to retain discretion to deny CCW permits when they believe that it is in the public interest to do so." 4)Prior Legislation : a) SB 1283 (Haynes), of the 2001-02 Legislative Session, would have provided that "good cause" is conclusively established for the issuance of a license to carry a concealed firearm if the applicant is a victim of domestic violence or hate crime. SB 1283 failed passage in the Senate Public Safety Committee. b) AB 462 (Haynes), of the 2003-04 Legislative Session, would have mandated a finding of good cause to issue a concealed weapons permit when the individual applying has been a victim of domestic violence or a hate crime. AB 462 failed passage in this Committee. c) AB 1369 (Oller), of the 1997-98 Legislative Session, would have eliminated the discretion of a county sheriff or police chief to deny a permit to carry a concealed firearm to any person who is not otherwise prohibited. AB 1369 failed passage in this Committee. REGISTERED SUPPORT / OPPOSITION : Support American Justice Center California Association of Firearms Retailers AB 357 Page 6 California Rifle and Pistol Association Gun Owners of California Hi-Caliber Investigations National Rifle Association Stutchman Forensic Laboratory 469 Private Citizens Opposition California Chapters of the Brady Campaign California Peace Officers Association California Police Chiefs Association California State Sheriffs' Association Legal Community Against Violence Sheriff, Alameda County Sheriff, Butte County Sheriff, Del Norte County Sheriff, Santa Barbara County Sheriff, Santa Cruz County Sheriff, Shasta County Sheriff, Ventura County Sheriff's Office, Tuolumne County Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744