Bill Text: CA AB1134 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 1134 (Prior Session Legislation)

Bill Title: Firearms: concealed firearm licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 785, Statutes of 2015. [AB1134 Detail]

Download: California-2015-AB1134-Chaptered.html

BILL NUMBER: AB 1134	CHAPTERED
	BILL TEXT

	CHAPTER  785
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2015
	APPROVED BY GOVERNOR  OCTOBER 11, 2015
	PASSED THE SENATE  SEPTEMBER 2, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2015
	AMENDED IN SENATE  AUGUST 18, 2015
	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 27, 2015

   An act to amend Section 26150 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1134, Mark Stone. Firearms: concealed firearm licenses.
   Existing law authorizes the sheriff of a county, or the chief or
other head of a municipal police department, upon proof that the
person applying is of good moral character, that good cause exists,
and that the person applying satisfies certain conditions, to issue a
license for the person to carry a concealed handgun, as specified.
Existing law provides that the chief or other head of a municipal
police department is not precluded from entering an agreement with
the sheriff of the county in which the city is located for the
sheriff to process all applications for licenses for a person to
carry a concealed handgun, renewals of those licenses, and amendments
to those licenses.
   This bill would provide that a sheriff is not precluded from
entering into an agreement with the chief or other head of a
municipal police department of a city for the chief or other head of
a municipal police department to process all applications for
licenses to carry a concealed handgun, renewals of those licenses,
and amendments of those licenses, for that city's residents. The bill
would state related findings and declarations of the Legislature.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is the intent of the Legislature in enacting this measure
to respond to the Superior Court of the County of Los Angeles
decision in Lu v. County of Los Angeles (2014) BC480493, by providing
county sheriffs with the same authority to enter into agreements
with a local police chief or other head of a municipal police
department as is provided to a police chief or other head of a
municipal police department in subdivision (c) of Section 26155 of
the Penal Code. That authority is intended to include, but not be
limited to, the ability to enter into an agreement delegating to the
chief or other head of the city's police department, the sheriff's
discretionary authority to issue licenses to city residents to carry
a concealed firearm.
   (b) This legislation is not intended to restrict a chief or other
head of a municipal police department's authority under existing law
to issue, renew, or amend a license to carry a concealed firearm for
a resident of the city in instances in which the sheriff has denied
the resident's application, except where that authority has been
delegated to the sheriff by mutual agreement.
   (c) This legislation is not intended to restrict a sheriff's
authority under existing law to issue, renew, or amend a license to
carry a concealed firearm for a resident of a city in instances in
which the chief or other head of the municipal police department has
denied the resident's application, except where that authority has
been delegated to the chief or other head of a municipal police
department by mutual agreement.
  SEC. 2.  Section 26150 of the Penal Code is amended to read:
   26150.  (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the sheriff of a county may issue a license to that person
upon proof of all of the following:
   (1) The applicant is of good moral character.
   (2) Good cause 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.
   (2) 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 only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (c) (1) Nothing in this chapter shall preclude the sheriff of the
county from entering 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.