Bill Text: CA AB2376 | 2011-2012 | Regular Session | Introduced

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Bill Title: Concealed weapons: good cause: hate crime victim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-22 - From committee without further action pursuant to Joint Rule 62(a). [AB2376 Detail]

Download: California-2011-AB2376-Introduced.html

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BILL NUMBER: AB 2376	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Halderman

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2376, as introduced, Halderman. Concealed weapons: good cause:
hate crime victim.
   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 pistol, revolver, or other
firearm capable of being concealed upon the person to an applicant
upon proof that the applicant is of good moral character, that good
cause exists for issuance of the license, that the applicant is a
resident of the respective jurisdiction, and the applicant has
completed a specified course of training, including firearm safety.
   This bill would provide, for purposes of those provisions, that
good cause shall be conclusively established 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.
   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)  (A)    Good cause exists for issuance of
the license. 
   (B) For purposes of this paragraph, "good cause" shall be
conclusively established 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. 
   (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 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 paragraph, "good cause" shall be
conclusively established 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. 
   (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.