Existing law makes it a crime to solicit or engage in any act of prostitution. Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who causes, induces, or persuades a person who is a minor at the time of the commission of the offense to engage in a commercial sex act is guilty of human trafficking, a felony.

This bill would state the intent of the Legislature to enact legislation that will meaningfully fight child prostitution.

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1394

Author:(Travis Allen) – As Amended Ver:March 30, 2017

SUMMARY:

Deletes the "good cause" requirement for the issuance of a license for a person to carry a firearm capable of being concealed upon the person, and requires a sheriff or chief of police to issue that license to a person that meets other specified requirements. Specifically, this bill:

1. Deletes the "good cause" requirement for the issuance of a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.
   
2. Requires the sheriff of a county, or the chief or other head of a municipal police department to issue a license to carry a concealed handgun if the applicant is of good moral character and meets other criteria relating to residency and training.
   
3. Exempts the holder of a valid license to carry a concealed firearm from prosecution under any state law or regulation that prohibits the possession of a firearm or ammunition in a specified location, including the State Capitol, a gun show, or at a polling place.

EXISTING LAW:

1. Provides a county sheriff or municipal police chief may issue a license to carry a firearm capable of being concealed (CCW) upon the person upon proof that:
   
   1. The person applying is of good moral character (Pen. Code, § 12050, subd. (a)(1)(A));
      
   2. Good cause exists for the issuance (Pen. Code, § 12050, subd. (a)(1)(A));
      
   3. The person applying meets the appropriate residency requirements (Pen. Code, § 12050, subd. (a)(1)(D)); and,
      
   4. The person has completed the appropriate training course (Pen. Code, § 12050, subd. (E)).
      
2. Provides that the license may either:
   
   1. Allow the person to carry a concealed firearm on his or her person (Pen. Code, § 12050, subd. (a)(1)); or
      
   2. 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. (Pen. Code, § 12050, subd. (a)(1).)
      
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. (Pen. Code, § 12050, subd. (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. (Pen. Code § 12050, subds. (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. (Pen. Code, § 12051, subd. (b).)
   
6. Provides that a person may lawfully possess a loaded firearm in his or her place of business or residence. (Pen. Code, § 12031, subd. (h)(l).)
   
7. Makes it generally unlawful to carry a concealed handgun or a loaded firearm in public and in vehicles. (Pen. Code, § 12025 and 12031.)
   
8. Specifies that applications for CCW licenses, applications for amendments to CCW licenses, amendments to CCW licenses, and CCW licenses under this article shall be uniform throughout the state, upon forms to be prescribed by the Attorney General. (Pen. Code, § 26175, subd (a)(1).)
   
9. Provides that the Attorney General shall convene a committee composed of one representative of the California State Sheriffs' Association, one representative of the California Police Chiefs Association, and one representative of the Department of Justice to review, and as deemed appropriate, revise the standard application form for CCW licenses. The committee shall meet for this purpose if two of the committee's members deem that necessary. (Pen. Code, § 26175, subd (a)(2).)
   
10. States that the application shall include a section summarizing the statutory provisions of state law that result in the automatic denial of a license. (Pen. Code, § 26175, subd (b).)
    
11. Provides that the standard application form for CCW licenses shall require information from the applicant, including, but not limited to, the name, occupation, residence, and business address of the applicant, the applicant's age, height, weight, color of eyes and hair, and reason for desiring a license to carry the weapon. (Pen. Code, § 26175, subd (c).)
    
12. Specifies that applications for licenses shall be filed in writing and signed by the applicant. (Pen. Code, § 26175, subd (d).)
    
13. Provides that applications for amendments to CCW licenses shall be filed in writing and signed by the applicant, and shall state what type of amendment is sought and the reason for desiring the amendment. (Pen. Code, § 26175, subd (e).)
    
14. States that the forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (Pen. Code, § 26175, subd (f).)
    
15. Provides that an applicant shall not be required to complete any additional application or form for a license, or to provide any information other than that necessary to complete the standard application form, except to clarify or interpret information provided by the applicant on the standard application form. (Pen. Code, § 26175, subd (g).)
    
16. States that the standard application form is deemed to be a local form expressly exempt from the requirements of the Administrative Procedures Act. (Pen. Code, § 26175, subd (h).)
    
17. Provides that any CCW license issued upon the application shall set forth the licensee's name, occupation, residence and business address, the licensee's age, height, weight, color of eyes and hair, and the reason for desiring a license to carry the weapon, and shall, in addition, contain a description of the weapon or weapons authorized to be carried, giving the name of the manufacturer, the serial number, and the caliber. The license issued to the licensee may be laminated. (Pen. Code, § 26175, subd (i).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 1394 would amend existing law to not require a firearm applicant to demonstrate ‘good cause’ in order to be issued a concealed weapons permit."
   
2. Background: Peruta v. County of San Diego: For approving a license to carry a concealed firearm, the County of San Diego required that an applicant show that good cause exists for issuance of the license and provided that generalized self defense could not serve as good cause. Mr. Peruta, a San Diego County resident, contested the condition as unconstitutionally abridging his Second Amendment right to bear arm. The U.S. District Court for the Southern District of California ruled against Mr. Peruta in a summary judgment, and Mr. Peruta appealed. In a 2-to-1 decision, the U.S. Court of Appeals for the Ninth Circuit held that "the Second Amendment does require that the states permit some form of carry for self-defense outside the home." (Peruta v. County of San Diego (2014) 742 F.3d 1144, 1172.) The majority went on to state that "concealed carry per se does not fall outside the scope of the right to bear arms; but insistence upon a particular mode of carry does." (Ibid.) The dissent felt that the county's "good cause" policy fell squarely within the Supreme Court's definition of a presumptively lawful regulatory measure.
   
   On February 27, 2014, the Department of Justice, on behalf of the state, filed a motion to for en banc review of the decision. On June 9, 2016 the en banc court affirmed the lower court ruling, saying that, "there is no Second Amendment right for members of the general public to carry concealed firearms in public."
   
3. Argument in Support: According to the Firearms Policy Coalition, “Assembly Bill 1394 would expand access to fundamental, individual rights by removing some of the local licensing authorities’ unfettered discretion to disapprove applications for licenses to carry a handgun (i.e., ‘CCW’). Specifically, as written, AB 1394 would eliminate California’s ‘good cause’ requirement for CCW license applications, exempt the holder of a valid license to carry a concealed firearm from prosecution under any state law or regulation that prohibits the possession of a firearm within any specified location, and make conforming changes.
   
   “Notably, ‘good cause’ (i.e., ‘justifiable need’) requirements have been the subject of significant legislation across the county. Most recently, the Court of Appeals for the D.C. Circuit struck down the District of Columbia’s ‘good cause’ rule on constitutional grounds. See Wrenn v. District of Columbia, 864 F. 3d 650 (D.C. Cir. 2017) (en banc denied) (vacating district court decision and remanding with instructions to enter permanent injunctions against enforcement of the District’s good-reason law).”
   
4. Argument in Opposition: According to the Law Center to Prevent Gun Violence, "AB 1394 proposes drastic and far-reaching changes to California's concealed carry law. This bill would threaten public safety by significantly weakening law enforcement's ability to determine who may carry concealed, loaded weapons in public in our state. While weakening the standard for obtaining a concealed carry permit, this bill would also exempt permit holders from any state law limiting the possession of weapons in sensitive places such as schools, bars, polling places, and mental hospital."
   
5. Prior Legislation:
   
   1. AB 757 (Melendez), of the 2017-2018 Legislative Session, would have defined "good cause" for the issuance of a license to carry a concealed handgun to include, but not limited to, self-defense, defending the life of another, or preventing crime in which human life is threatened; provides guidelines to determine the presence or absence of "good cause"; and requires the issuance of a license to carry a concealed handgun if the applicant meets specified requirements. AB 757 failed passage in this committee.
      
   2. AB 871 (Jones), of the 2013-2014 Legislative Session, would have provided that "good cause" for the issuance of a license to carry a concealed handgun by a sheriff of a county or a chief of a municipal police force includes, but is not limited to, personal protection or self-defense. AB 871 failed passage in this committee.
      
   3. AB 1563 (Donnelly), of the 2013-2014 Legislative Session, would have required the Department of Justice Requires DOJ to issue a license to carry a concealed handgun upon the person within 30 days of submission of a completed application, as specified and with certain exceptions. AB 1563 failed passage in this committee.
      
   4. AB 2376 (Halderman), of the 2011-2012 Legislative Session, would have defined "good cause" for the issuance of a license to carry a concealed handgun, by a sheriff of a county or a chief of a municipal police force, to include, but not limited to, if the applicant has a report on file with a law enforcement agency evidencing that he or she is a victim of a hate crime. AB 2376 failed passage in this committee.
      
   5. AB 2615 (Jones), of the 2011-2012 Legislative Session, would have provided that "good cause" for the issuance of a license to carry a concealable firearm includes, but is not limited to, self-defense and personal protection. AB 2615 failed passage in this committee.
      
   6. AB 357 (Knight), of the 2009-2010 Legislative Session, would have deleted the "good cause" requirement for the issuance of a license to carry a concealed handgun upon the person and would have required issuance if the applicant was of good moral character and met other criteria relating to residency and training. AB 357 failed passage in this committee.
      
   7. AB 2053 (Miller), of the 2009-2010 Legislative Session, would have defined "good cause" for the issuance of a license to carry a concealed handgun upon the person to include self-defense, defending the life of another, or preventing crime in which human life is threatened. AB 2053 failed passage in this committee.
      
   8. AB 462 (Haynes), of the 2003-2004 Legislative Session, would have defined "good cause" for the issuance of a license to carry a concealed handgun upon the person to include if the applicant has a report on file with a law enforcement agency evidencing that he or she is a victim of domestic violence or stalking and has obtained a restraining order against a specified individual or is the victim of a hate crime. AB 462 failed passage in this committee.
      
   9. SB 1283 (Haynes), of the 2001-2002 Legislative Session, would have defined "good cause" for the issuance of a license to carry a concealed handgun upon the person to include a victim of domestic violence who has obtained a restraining order or is a victim of a hate crime. SB 1283 failed passage in the Senate Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Firearms Policy Coalition

Opposition

California Chapters of the Brady Campaign to End Gun Violence
Law Center to Prevent Gun Violence

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744