Bill Text: CA AB851 | 2023-2024 | Regular Session | Amended
Bill Title: Firearms: Urban gun free zone pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB851 Detail]
Download: California-2023-AB851-Amended.html
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member McCarty |
February 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would make a technical, nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 13 (commencing with Section 34500) is added to Title 4 of Part 6 of the Penal Code, to read:DIVISION 13. Urban Gun Free Zone Pilot Program
34500.
(a) The City of Sacramento may establish a gun free zone as described in this section.34501.
(a) Except as exempted in Section 34502, possession of a firearm within a gun free zone established pursuant to this division is punishable as a misdemeanor.34502.
Section 34501 shall not apply to any of the following:34503.
(a) The City of Sacramento, if opting to establish a gun free zone pursuant to this division, shall, upon termination of the gun free zone pursuant to subdivision (d) of Section 34500 and no later than March 1, 2029, prepare and submit a report to the Legislature summarizing the pilot program, analyzing the impact of the gun free zone on gun violence and other criminal activity, and making legislative recommendations.34503.
This division shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)If 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.