Bill Text: CA SB2 | 2023-2024 | Regular Session | Amended
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Passed) 2023-09-26 - Chaptered by Secretary of State. Chapter 249, Statutes of 2023. [SB2 Detail]
Download: California-2023-SB2-Amended.html
Amended
IN
Senate
January 31, 2023 |
Introduced by Senator Portantino (Principal (Principal coauthors: Assembly Members Bauer-Kahan, Bonta, Gipson, McCarty, Petrie-Norris, and Wicks) (Coauthor: Senator Min) (Coauthors: Assembly Members Wendy Carrillo and Gabriel) |
December 05, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
This bill would state the intent of the Legislature to enact legislation to address the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022).
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(A)(i)
(ii)
(B)
(C)
(11)
(12)
(13)
(b)It is the intent of the Legislature to enact legislation to address the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022).
SEC. 2.
Section 171b of the Penal Code is amended to read:171b.
(a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:SEC. 3.
Section 171d of the Penal Code is amended to read:171d.
Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by that officer to assist in making arrests or preserving the peace whileSEC. 4.
Section 171.5 of the Penal Code is amended to read:171.5.
(a) For purposes of this section:(b)
(c)The following items are unlawful to possess as provided in subdivision (b):
(1)Any firearm.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(e)
(f)
(g)
SEC. 5.
Section 171.7 of the Penal Code is amended to read:171.7.
(a) For purposes of this section:(2)“Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.
(3)
(2)Paragraph (1) of subdivision (b) does not apply to or affect a person who is exempt from the prohibition against carrying a handgun pursuant to Section 25400 if the carrying of that handgun is in accordance with the terms and conditions of the exemption specified in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.
(3)
SEC. 6.
Section 626.9 of the Penal Code is amended to read:626.9.
(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.This
SEC. 7.
Section 25350 is added to the Penal Code, to read:25350.
(a) If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision in this division is for any reason held unconstitutional, that decision does not affect the validity of any other provision in the division. The Legislature hereby declares that it would have passed the provisions listed in this division and each chapter, section, subdivision, paragraph, subparagraph, sentence, clause, and phrase of those provisions irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional.SEC. 8.
Section 25610 of the Penal Code is amended to read:25610.
(1)
(2)
(b)The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580.
SEC. 9.
Section 25850 of the Penal Code is amended to read:25850.
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area ofSEC. 10.
Section 26150 of the Penal Code is amended to read:26150.
(a) When a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county(2) Good cause exists for issuance of the license.
SEC. 11.
Section 26155 of the Penal Code is amended to read:26155.
(a) When a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county(2) Good cause exists for issuance of the license.
SEC. 12.
Section 26162 is added to the Penal Code, to read:26162.
(a) Prior to the issuance of a license, renewal of a license, or amendment to a license, each licensing authority with direct access to the designated Department of Justice system shall determine if the applicant is the recorded owner of the particular pistol, revolver, or other firearm capable of being concealed upon the person reported in the application for a license or the application for the amendment to a license under this chapter.SEC. 13.
Section 26165 of the Penal Code is amended to read:26165.
(a) For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority that meets all of the following minimum criteria:(3)
SEC. 14.
Section 26170 of the Penal Code is amended to read:26170.
(a) Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county,(1)The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
SEC. 15.
Section 26175 of the Penal Code is amended to read:26175.
(a) (1) (A) Applications for licenses and applications for amendments to licenses under thisSEC. 16.
Section 26185 of the Penal Code is amended to read:(a)(1) 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.26185.
(a) (1) Upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for each applicant applying for a new license to carry a pistol,
revolver, or other firearm capable of being concealed upon the person, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal response to the licensing authority, pursuant to subdivision (l) of Section 11105 of the Penal Code. For each applicant for a renewal license, upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit the renewal notification to the department in a manner prescribed by the department.
(3)No license shall be issued by any licensing authority until after receipt of the report from the department.
(b)Notwithstanding subdivision (a), if
(c) If the license applicant has a license issued pursuant to this article and the applicant’s fingerprints have been previously forwarded to the Department of Justice, as provided in this section, the licensing authority 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 26225 and no additional fingerprints shall be required.
SEC. 17.
Section 26190 of the Penal Code is amended to read:26190.
(a) (1) An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice for the direct costs of furnishing the information and report required by Section 26185.(c)The licensing authority may charge an additional fee, not to exceed twenty-five dollars ($25), for processing the application for a license renewal, and shall transmit an additional fee, if any, to the city, city and county, or county treasury.
(d)These local fees may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(e)
(f)
(g)Except as authorized pursuant to this section, a requirement, charge, assessment, fee, or condition that requires the payment of any additional funds by the applicant, or requires the applicant to obtain liability insurance, may not be imposed by any licensing authority as a condition of the application for a license.
SEC. 18.
Section 26195 of the Penal Code is amended to read:26195.
(a) A license under thisSEC. 19.
Section 26200 of the Penal Code is amended to read:26200.
(a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following:(a)A
(b)
SEC. 20.
Section 26202 of the Penal Code is repealed.Upon making the determination of good cause pursuant to Section 26150 or 26155, the licensing authority shall give written notice to the applicant of the licensing authority’s determination. If the licensing authority determines that good cause exists, the notice shall inform the applicants to proceed with the training requirements specified in Section 26165. If the licensing authority determines that good cause does not exist, the notice shall inform the applicant that the request for a license has been denied and shall state the
reason from the department’s published policy, described in Section 26160, as to why the determination was made.
SEC. 21.
Section 26202 is added to the Penal Code, to read:26202.
(a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or renew a license pursuant to Section 26150, 26155, or 26170 if the applicant:SEC. 22.
Section 26205 of the Penal Code is amended to read:The