Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.

This bill would define good cause for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of good cause. The bill would make other technical, nonsubstantive changes.

Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.

This bill would define good cause for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of good cause. The bill would make other technical, nonsubstantive changes.

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 757

Author:(Melendez) – As Amended Ver:March 13, 2017

SUMMARY:

Defines "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. Specifically, this bill:

1. Provides that when a person applies for a license to carry a handgun the sheriff of the county or chief of a municipal police department shall 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 city, county, or city and county; and,
      
   4. The applicant has completed a specified course of firearms training.
      
2. States that "good cause" for the issuance of a license to carry a handgun includes, but is not limited to, self-defense, defending the life of another, or preventing crime in which human life is threatened.
   
3. Provides that if the applicant's stated cause is self-defense, defending the life of another, or preventing crime in which human life is threatened, he or she shall not be required to prove the existence of specific circumstances regarding his or her stated "good cause."
   
4. Provides that if an applicant’s stated cause is not self-defense, defending the life of another, or preventing crime in which human life is threatened, the sheriff or chief or other head of a municipal police department of a city or city and county may, by considering the following, determine whether the applicant has stated good cause:
   
   1. Inalienable rights guaranteed by the California Constitution, including the declaration of rights providing that all people are by nature free and independent and have inalienable rights, and that among these are enjoying and defending liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy; and,
      
   2. The value of concealed firearms in deterring violent crime.

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, "Under current law, there is an unequal application of the law across California. There are drastic and noticeable differences between the 58 counties in California. In 2015, Sacramento County had 6,824 CCW permits, while Los Angeles County had 494 and San Francisco County had only 4, according to the California Department of Justice. To help address this gap, AB 757 will define “good cause” so that Sheriffs will have a clear guideline during their issuance. Many sheriffs already use self-defense as an appropriate “good cause,” while others make applicants prove an eminent threat or a prior incident. However, this means is very reactionary and does not fully secure one’s desire for appropriate self-defense.
   
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 California Chapters of the Brady Campaign to Prevent Gun Violence, "Existing law gives 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 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 for all practical purposes eliminate the need to demonstrate good cause.

"AB 757 would define ‘good cause’ for the issuance of a CCW permit to include self-defense, defending the life of another, or preventing crime in which human life is threatened. Under this provision, a permit applicant shall not be required to prove the existence of specific circumstances regarding his or her stated good cause. Furthermore, the bill allows a sheriff or chief to simple determine good cause by considering Article 1 of the California constitution or “the value of concealed firearms in deterring violent crime.

"The ‘good cause’ standard is a reasonable standard. The desire to carry a concealed firearm is often justified by the need for self-defense or protection of others. 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 definition contained in AB 757 were to be applied, then any person wanting to carry a concealed weapon would have to be issued a permit. The only remaining constraint on obtaining a permit would be the ability to pass a criminal and mental health background check, which is a very low standard for carrying a loaded, hidden gun in public. The Brady Campaign believes that sheriffs and chiefs must be allowed to retain discretion to deny CCW permits when they believe that no credible threat exists and that it is in public interest to do so."

1. Argument in Opposition: According to the California Rifle and Pistol Association, "Under current law, a county sheriff or municipal police chief uses their own discretion to decide if an applicant qualifies for a concealed carry weapon (CCW) permit. Aside from background checks and meeting the appropriate requirements, the most challenging obstacles are for applicants to prove “good moral character” and “good cause.” Existing code leaves “good cause” undefined. Do to this oversight, law enforcement agencies are allowed to use whatever discretion they choose to determine which applicants have provided sufficient justification.

"Currently, citizens seeking to apply for a CCW permit face uncertainty and confusion throughout the process. The omission of defining ‘good cause’ has resulted in the unequal application of the law across the state and arbitrary denial of CCW permits to many Californians. Depending on the county someone resides in, an individual may be denied their request for a CCW despite passing the background check and meeting all the other requirements. In some communities throughout California, the standard policy is to deny, essentially, all requests for CCW. AB 757 would define the term ‘good cause’ in the penal code and ensure that all Californians are afforded equal protection under the law. Over the years, California’s restrictive CCW laws prompted a number of lawsuits, one of which was recently appealed to the United States Supreme Court and another was recently filed in Los Angeles. California may continue to face costly legal challenges for years to come until something is changed."

1. Prior Legislation:
   
   1. 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.
      
   2. 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.
      
   3. 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.
      
   4. 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.
      
   5. 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.
      
   6. 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.
      
   7. 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.
      
   8. 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

National Rifle Association

Firearms Policy Coalition
California Rifle and Pistol Association
California Association of Licensed Investigators
Liberal Gun Club
One Private Citizen

Opposition

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

Analysis Prepared by:

Gregory Pagan / PUB. S. /