BILL NUMBER: AB 1563 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Donnelly
JANUARY 29, 2014
An act to amend Section 16520 Sections
26150 and 26155 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1563, as amended, Donnelly. Firearms.
Firearms: concealed weapons.
Existing law authorizes the sheriff of a county or the chief or
other head of a municipal police department of any city or city and
county to issue a license to carry a concealed firearm to an
applicant for that license if the applicant is of good moral
character, good cause exists for issuance of the license, the
applicant meets specified residency requirements, and the applicant
has completed a specified course of training, including firearm
safety.
This bill would require the sheriff or head of a municipal police
department to issue that license if the applicant meets those
requirements. The bill would also specify that good cause, for
purposes of these provisions, includes personal protection or
self-defense. Because the bill would impose new duties on local law
enforcement officials who would be required to issue these licenses
if all of the requirements are met, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law generally regulates the transfer and possession of
firearms. Existing law defines "firearm" in various ways for various
regulatory purposes.
This bill would make technical, nonsubstantive changes to the
provisions defining "firearm" for those purposes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
AB 1563, as amended, Donnelly. Firearms.
Firearms: concealed weapons.
Existing law authorizes the sheriff of a county or the chief or
other head of a municipal police department of any city or city and
county to issue a license to carry a concealed firearm to an
applicant for that license if the applicant is of good moral
character, good cause exists for issuance of the license, the
applicant meets specified residency requirements, and the applicant
has completed a specified course of training, including firearm
safety.
This bill would require the sheriff or head of a municipal police
department to issue that license if the applicant meets those
requirements. The bill would also specify that good cause, for
purposes of these provisions, includes personal protection or
self-defense. Because the bill would impose new duties on local law
enforcement officials who would be required to issue these licenses
if all of the requirements are met, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law generally regulates the transfer and possession of
firearms. Existing law defines "firearm" in various ways for various
regulatory purposes.
This bill would make technical, nonsubstantive changes to the
provisions defining "firearm" for those purposes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 shall
issue a license to that person upon proof of all of the
following:
(1) The applicant is of good moral character.
(2) (A) Good cause exists for issuance of the
license.
(B) For purposes of this subdivision, "good cause" includes, but
is not limited to, personal protection or self-defense.
(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 If 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.
SEC. 2. Section 26155 of the Penal Code
is amended to read:
26155. (a) When a person applies for a license 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 may shall
issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.
(2) (A) Good cause exists for issuance of
the license.
(B) For purposes of this subdivision, "good cause" includes, but
is not limited to, personal protection or self-defense.
(3) The applicant is a resident of that city.
(4) The applicant has completed a course of training as described
in Section 26165.
(b) The chief or other head of a municipal police department 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 If the population of the
county in which the city is located 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) Nothing in this chapter shall preclude the chief or other head
of a municipal police department of any city 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, renewals
of licenses, and amendments to licenses, pursuant to this chapter.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 16520 of the Penal Code is
amended to read:
16520. (a) As used in this part, the term "firearm" means a
device, designed to be used as a weapon, from which is expelled
through a barrel, a projectile by the force of an explosion or other
form of combustion.
(b) As used in the following provisions, the term "firearm"
includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, the term "firearm" also
includes a rocket, rocket propelled projectile launcher, or similar
device containing an explosive or incendiary material, whether or not
the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, the term "firearm" does
not include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27570, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, the term "firearm" does
not include a destructive device.
(f) As used in Sections 17280 and 24680, the term "firearm" has
the same meaning as in Section 922 of Title 18 of the United States
Code.
(g) As used in Sections 29010 to 29150, inclusive, the term
"firearm" includes the unfinished frame or receiver of a weapon that
can be readily converted to the functional condition of a finished
frame or receiver.
SECTION 1. 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 shall
issue a license to that person upon proof of all of the
following:
(1) The applicant is of good moral character.
(2) (A) Good cause exists for issuance of the
license.
(B) For purposes of this subdivision, "good cause" includes, but
is not limited to, personal protection or self-defense.
(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 If 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.
SEC. 2. Section 26155 of the Penal Code
is amended to read:
26155. (a) When a person applies for a license 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 may shall
issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.
(2) (A) Good cause exists for issuance of
the license.
(B) For purposes of this subdivision, "good cause" includes, but
is not limited to, personal protection or self-defense.
(3) The applicant is a resident of that city.
(4) The applicant has completed a course of training as described
in Section 26165.
(b) The chief or other head of a municipal police department 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 If the population of the
county in which the city is located 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) Nothing in this chapter shall preclude the chief or other head
of a municipal police department of any city 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, renewals
of licenses, and amendments to licenses, pursuant to this chapter.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 16520 of the Penal Code is
amended to read:
16520. (a) As used in this part, the term "firearm" means a
device, designed to be used as a weapon, from which is expelled
through a barrel, a projectile by the force of an explosion or other
form of combustion.
(b) As used in the following provisions, the term "firearm"
includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, the term "firearm" also
includes a rocket, rocket propelled projectile launcher, or similar
device containing an explosive or incendiary material, whether or not
the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, the term "firearm" does
not include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27570, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, the term "firearm" does
not include a destructive device.
(f) As used in Sections 17280 and 24680, the term "firearm" has
the same meaning as in Section 922 of Title 18 of the United States
Code.
(g) As used in Sections 29010 to 29150, inclusive, the term
"firearm" includes the unfinished frame or receiver of a weapon that
can be readily converted to the functional condition of a finished
frame or receiver.