BILL NUMBER: AB 1134	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 27, 2015

   An act to amend Section 26150 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1134, as amended, Mark Stone. Firearms: concealed firearm
licenses.
   Existing law authorizes the sheriff of a county, or the chief or
other head of a municipal police department, upon proof that the
person applying is of good moral character, that good cause exists,
and that the person applying satisfies certain conditions, to issue a
license for the person to carry a concealed handgun, as specified.
Existing law provides that the chief or other head of a municipal
police department is not precluded 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 for a person to
carry a concealed handgun, renewals of those licenses, and amendments
to those licenses.
   This bill would  provide that the sheriff of the county in
which the city is located is not precluded from entering an
agreement with the chief or other head of a municipal police
department of a city for the chief or other head of a municipal
police department to process all applications for licenses for a
person to carry a concealed handgun, renewals of those licenses, and
amendments to those licenses.   authorize a sheriff to
require an applicant who resides in a city with a municipal police
department to apply for a license, renew a license, or amend a
license to carry a concealed handgun through the chief of police or
other head of the municipal police department in lieu of the sheriff,
provided that the chief or other head of the municipal police
department agrees to process those applications. The bill would
authorize, in the discretion of the sheriff, the sheriff to review
the denial by the municipal police department of an application for,
or renewal of, a license to carry a concealed handgun, and would
authorize a sheriff to issue or renew a license after that review, as
specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 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 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 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. 
   (c) Nothing in this chapter shall preclude the sheriff of the
county in which the city is located from entering an agreement with
the chief or other head of a municipal police department of a city
for the chief or other head of a municipal police department to
process all applications for licenses, renewals of licenses, and
amendments to licenses pursuant to this chapter.  
   (c) (1) A sheriff may require an applicant who resides in a city
with a municipal police department to apply for a license, renew a
license, or amend a license through the chief of police or other head
of the municipal police department in lieu of the sheriff, provided
that the chief or other head of the municipal police department
agrees to process those applications. As part of that processing, if
an applicant is denied a license or renewal of a license, the chief
or other head of the municipal police department shall inform the
applicant that the denial may be reviewed, at the sheriff's
discretion, if requested by the applicant. The sheriff may, but is
not required to, review the denial by the chief or other head of an
application for a license or for the renewal of a license.  

   (2) When reviewing the denial of a license or denial of the
renewal of a license because the applicant is not of good moral
character, the sheriff may rely on the findings, background check, or
other investigation conducted by the municipal police department. If
the sheriff determines upon review that the applicant is of good
moral character, the sheriff may issue or renew a license pursuant to
subdivision (a).  
   (3) When reviewing the denial of a license or denial of the
renewal of a license because the applicant does not demonstrate good
cause for a license, the sheriff shall review that determination de
novo. If the sheriff determines upon review that the applicant
demonstrates good cause for a license, the sheriff may issue or renew
a license pursuant to subdivision (a).