BILL NUMBER: AB 871	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 22, 2013

   An act to amend Sections 26150 and 26155 of the Penal Code,
relating to concealed weapons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 871, as introduced, Jones. 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 will 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.