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HomeMy WebLinkAboutMINUTES - 02131996 - SD4 ITO: BOARD OF SUPERVISORS Contra r 'ti l 1 FROM: Supervisor Jeff Smith Costa DATE: February 13, 1996 .. �` County SUBJECT: ADOPT A POSITION OF OPPOSITION TO AB 638 (KNIGHT, ET AL) , AN ACT RELATING TO CONCEALABLE WEAPONS LICENSES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)a BACKGROUND AND JUSTIFICATION RECOMMENDATION: CONSIDER adopting a position opposing AB 638 (Knight, et al). BACKGROUND: Contra Costa County has actively been involved in a Violence Prevention Program in order to protect our citizens from all types of violence. The people of Contra Costa County adopted a county-wide Action Plan in November of 1994 to combat an increase in violence. Among the recommendations of the plan are the following: 1. Promote efforts which assist in creating an atmosphere of safety in streets and neighborhoods. 2. Provide government leadership that enables the county as a whole to enhance violence prevention efforts. 3. Actively reduce the number of firearms, particularly handguns and assault rifles, in private ownership. AB 638 contradicts all these goals. This bill requires the issuance of concealed weapons permits to all applicants, except felons, thereby removing the protection which exists in current law allowing the chief law enforcement officer in the region the discretion to deny such permits. If enacted, this legislation will encourage the use of concealed weapons and promote a "frontier" atmosphere of violence in our society. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF S 1 D. MITTEE APPROVE OTHER GNA E 8: y ACTION OF BOARD ON February APPROVED AS RECOMMENDED X OTHER X APPROVED as recommended and ADOPTED Resolution No . 96/66 . The Board also REQUESTED the County Administrator to have this item on the February 27 , 1996 , Board Agenda to allow all Board Members the opportunity to vote on it. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X X UNANIMOUS(ASSENT AND V AND CORRECT COPY OF AN ACTION TAKEN AYES: ' NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County AdministratorATTESTED February 13 , 1996 Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10188) SY DEPUTY , r ' 12A—The Times C Tuesday, February 6, 1996 f:DITORIALS i W, Aelcome�backlto.- WildW,., est Concealed weapons bill atiori, the state Sheriffs Association, ! medical and legal groups and Attorney sh6Wd be shot do)AM Geri. Dan Lungren all oppose Knight thinks criminals will be:more T'-he California Assembly jumped . :'reluctant_to act knowing that,law abid- bff the deep end last week ing'citizens might.strike back r„`. when rt Apprbve&a bill to allow Granted,a few crimes might.be ; dust about any adult-without a felony averted. But the opposite scenano is' record to carry;a'concealed'handon more likely. An armed_robber.holds r. I As ern an Pete, R-Palm- everyone in a restaurant at gun pomt. . ' •dale,introduced'AB638. It requires po- . Then one of the patrons pulls a gun `lice`and sheriff's:departments,to.issue on the suspect. The suspect freaks,''�.. `concealed weapons permits to-any ' shooting the patron with the gun and "Californian,over age 21 Who has not a few.others as well. -been,,convicied ofaa serous crime or Has'anyone pondered how many been-louh`&Ao be insane:=The.Assem- . ."tanked,up'bar,patrons will resolve. bly approved this'short=sighted legisla; 'their induced arguments-with tion 42 33 gunfire? Or,'.how many more children Knight says lawmen have too much will accidentally shoot themselves or say'on ancarry concealed their friends?These are very real pos- :_weapons Currently individuals must sibilities. ! detrio instrate;;ani eed ii have them. .Will we be a safer society if we are ' -This`6ih will remove the discretion of fully armed?Most likely we just will.. 466146w,enforcement_to ensure public be more paranoid. safety`That''contraclicfs`Republican The Assembly seeks the good old philosophy of more'local control and days of the shoot 'em,up Wild West fewer';4maridates. , where vigilante "justice" prevailed. lVlore'serious:is,.the�potential for The burden is now on the Senate to `more shootings. Proponents claim demonstrate some sense and shoot crime.will drop_because more people this bill to smithereens. California ' Will be armed. If that were-true, why doesn't need more residents will hid- do the California Police Chiefs Associ- den guns, it needs more level heads. i AMENDED IN ASSEMBLY JANUARY 30, 1996 AMENDED IN ASSEMBLY JANUARY 4, 1996 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 633. Introduced by Assembly Member Knight (Principal coauthor: Senator Monteith) (Coauthors: Assembly Members Harvey, Bordonaro, Bowler, Conroy, Granlund, Hawkins, Knowles, Morrow, Richter, Setencich, and Woods) (Coauthors: Senators Haynes, Hurtt, Johannessen, and Rogers) February 21, 1995 An act to amend Sections 12050; 12051, and 12054 of the Penal Code, relating to concealable weapons licenses. LEGISLATIVE COUNSEL'S DIGEST AB 638, as amended, Knight. Concealed weape"sfrearm licenses. (1) Existing law authorizes the. sheriff of a county or. the chief or other head of a municipal police department, to issue a license to carry a pistol, .revolver; or other concealable weaken firearm upon proof that the applicant is of good.moral character, that good cause exists for the issuance, and that the applicant is a resident of the county. This bill would require the issuance of a license, within 15 days of receipt of the Department of Justice's report of all data and information pertaining to the applicant, upon proof that 97 AB 638 — 2 — the 2 — the applicant is a resident of the county, is 21 years of age or older, desires legal means to carry a concealed weave firearm for lawful self-defense,and demonstrates competence with a.firearm, as specified. Because the bill would impose additional duties upon local authorities by requiring the issuance of a concealed wearpens firearm license to qualified persons, the bill would impose. a state-mandatedlocal program. The bill also would. make immune from liability any licensing authority who complies in good faith with this provision. (2) Existing law provides that a license to carry a concealed f'rearm may include any reasonable restrictions. or conditions which.the issuing authority deems warranted. This bill would delete this provision and instead would authorize the licensing authority to deny an applicant a license to carry a concealed weetpen firearm if the licensing authority has prepared a sworn written statement alleging that the. applicant is likely to use a weapon unlawfully or negligently. The bill also would require that a copy of the statement be made available to the applicant at the time he or she is denied a license. The bill also would require the licensing authority to deny an applicant a license to,. carry a . concealed firearm if the licensingauthority determines.that the applicantis a member of a ..criminal, street gang, and to revoke a license .if the licensing authority determines that the licensee is a member of a criminal street gang The bill also..would require the licensing authority to. deny 07 ON ' an applicant a license to carry a concealed weapon if the applicant hasparticipated, within 10 years prior to the time of the application, in a domestic violence diversion program as a result.ofa complaint charging the applicant with a domestic violence offense. The bill would require the licensing authority to revoke the license ifit determines that a licensee has so participated (3). Existing law requires that an application for a licensee to carry.a concealed weapon include specified information about the applicant. A person who files this application 97 - 3 — AB 638 knowing that the statements contained therein are false is guilty of a misdemeanor. This bill wouldrequire that,if the applicanthasparticipated in a domestic violence diversion program as a result of a complaint charging the, applicant with a domestic violence offense, the application also shall state that fact and the dates of the participation in the program. By expanding the scope of a crime, the bill would impose a state-mandated local program. (4)' Existing law authorizes the licensing authority. to charge a fee up to $3 for the processing of an application for a license to carry a concealed weapen firearm or an amended license. This bill would authorize the licensing authority to charge a fee up to $12.50 for processing an application.or amended license. The bill also would make it a misdemeanor for any person to charge a fee in excess of.$12.50 for a license. Because the bill. would create a new. crime, it would impose_ a state-mandated local program. (4) 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, including the creation of a State Mandates.Claims Fund to pay the costs 'of mandates. that do not exceed $1,000,000 statewide and other _ procedures . for claims whose statewide costs exceed $1,000,000. ` This bill would provide that with regard . to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this`bill would provide that, if,the Commission on State Mandates determines that the bill contains costs so mandate& by the state, reimbursement for those costs.shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. 97 AB 638 — 4 — The 4 — The people of the State of California do enact as follows. 1 SECTION 1. This act shall be known, and may be 2 cited, as the Monteith-Knight Citizen Self-Defense Act. '3. ' SEC. 2. Section 12050 of the Penal Code is amended 4 to read: 5 12050. . (a) (1) Except as provided in subdivision 6 (c) the sheriff of-a. county or the chief or other head of 7 a municipal police department of any city or'city and 8 county, upon proof that the person applying meets the 9 criteria specified in paragraph (3), and within 15 days of 10 receipt of the report required pursuant to subdivision (a) 11 of Section 12052, shall issue to that person a -license to 12 carry a.pistol, revolver, or other firearm capable of being 13 concealed upon the..person in either one of the following 14 , formats, which shall be specified by the applicant at the 15 time of making application: 16 (A) . A license to carry concealed a pistol, revolver, or - 17 other firearm capable of, being concealed upon the 18 person: 19 (B) Where the population. of the county is less than 20 . 200,000 persons .according to the most recent federal 21 decennial census, a license to carry loaded and exposed 22 in that county a pistol, revolver, or other. firearm capable 23 of being concealed upon the person. 24 (2) A license issued pursuant to this section is valid for 25 `any period of time not to exceed one year from the date 26 of the.license, or in the case of a peace officer appointed 27 pursuant to Section 830.6, three years from the date of the 28, license. 29 (3) The person applying for a permit shall be a 30. resident in the county in which application is made and . 31 comply with the following requirements: s 32 (A) Is 21 years of age or older. '_ • 33 (B) Desires a legal means to carry a concealed weapon 34 or firearm for lawful self-defense. 35 (C) Demonstrates competence with a firearm by 36 presenting evidence of any one of the following: 97 - 5 — AB 638 1 (i) Completion of any hunter education or hunter 2 safety course approved by the Department of Fish and 3 Game or a similar agency of another state. 4 ' (ii) Completion of any firearms safety or training 5 course available to the general public through a law 6 enforcement agency, community college, college, 7 private or public institution, or organization., or firearms 8 . training school, utilizing instructors certified by a state or- 9 national organization having firearms safety and 10 proficiency as its professional standard. 11 (iii) Completion of any firearms safety or training 12 course available to security guards, investigators, special 13 deputies, or anydivision or subdivision of law 14 enforcement or, security enforcement through a law 15 enforcement agency. 16 (iv) Equivalent experience with a firearm through 17 participation in. organized shooting competition or 18 military service. 19 (v) Current or prior licensure to carry a firearm in this ® 20 state, or a county or municipality of this state, unless that 21 license has been revoked for cause. 22 - (vi) Completion of any firearms safety or training 23 course conducted by a state certified firearms instructor 24 or by a firearms instructor certified by a state or national 25 organization-having firearms safety and proficiency as its 26. professional standard. 27 A photocopy of a certificate of completion of any of the 2.8 courses or an affidavit from the instructor, school,- club, 29 organization, ' or group that conducted the course 30 attesting that the applicant completed the course or a 31 copy of any document that shows completion of the 32 course .or .class or evidences participation in �firearms . 33 competition - shall constitute. evidence of qualification 34 under this paragraph. 35 (b) A license.shall not be issued if the Department of 36 Justice determines that the person is within a prohibited 37 class described in Section 12021 or 12021.1 of this code or 38 Section 8100 or 8103 of the Welfare and.Institutions Code. 39 A license shall not be issued if the local licensing authority 40 determines that the person is a member of a. criminal a 97 AB 638 — 6 - 1 6 - 1 street gang, as defined by subdivision (f) of Section 2 186.22. 3 (c) (1). A license shall not be issued to an applicant 4 about whom the issuing law, enforcement authority has 5 prepared a sworn written statement alleging that the 6 applicant is. likely to use a weapon unlawfully or. 7 negligently so as to endanger others. The statement shall w 8 be. .based upon the personal knowledge of 'a law .9 enforcement officer, supported by written 10 documentation, if available, or upon a sworn written 11. statement of a competent person having knowledge. 12 (2) The sworn written statement that is prepared -by 13 the issuing. law enforcement authority :shall be made 14 available to the applicant at the time he or she is denied . 15 a license. 16 (d) A license shall not be issued.to an applicant who, 17 within 10 years prior to th e tim e th e applicant applies for 18 the license, has participated in a domestic violence 19 . diversion.program as a result ofa complaint charging the r�r 20 applicant with a domestic violence offense. f 21 (e):. . (1) The license . shall be revoked by the .local 22 licensing authority if at any time either the local licensing 23 authority is notified by the Department of Justice.that a 24 licensee is withina prohibited class described in Section 25 12021 or 12021.1 of this code or Section 8100 or 8103 of the 26 Welfare and Institutions Code, or the local licensing 27 authority determines that the person is within a 28 prohibited class described in Section 12021 or 12021.1 of 29. the code or Section 8100 or 8103 of the Welfare and 30 Institutions Code. The license also shall be revoked if the 31 local licensing authority determines that the person is a 32 member of a criminal street gang, as defined by 33 subdivision-(1).of Section 186.22. The license also shall be 34 revoked if.the locallicensing authority determines that a 35 licensee has, within 10 years prior to the time I the 36. applicant applied for the- license, participated in a 37 domestic. violence diversion program as a result of a 38 complaint charging the applicant with a domestic 39 violence offense. 97 - 7 — AB 638 1 (2) If at any time the Department of justice 2 determines that a. licensee is within a prohibited class 3 described in Section 12021 or 12021.1 of this code or 4 . Section 8100 or 8103 of the Welfare and Institutions Code, 5 the department shall immediately notify the local 6 licensing authority of the determination. 7 (3) . If the local licensing authority revokes the license, 8 the Department of Justice shall be notified of the 9 revocation pursuant to Section 12053. The licensee shall. 10 also be immediately notified.of the revocation-in writing. 11 (e) (1) A person issued a license pursuant to this 12 section may apply to the licensing authority for an 13 amendment. to the license to do one or more of the 14 following: 15 (A) Add or delete authority to.carry a particular pistol, 16 revolver, or other firearm capable of being concealed 17 upon the person. - . 18 (B) Authorize the licensee to carry concealed a pistol, 19 revolver, or other firearm capable of being concealed ( 20 upon the person. 21 (C) If.the population of the county is less than 200,000 22 persons according to: the most recent federal decennial 23 census, authorize the licensee to carry loaded ' and 24 exposed in that county a pistol, revolver, or other firearm 25 capable of being concealed upon the person. C 26 (D) Change any restrictions or conditions on the 27 . license, including restrictions as to the . time, place, 28 manner, and circumstances under which the person may 29 carry a pistol, revolver, or, other firearm capable of being 30. concealed upon the person., 31 . (2) When the licensee changes his or her address, the 32 license shall be amended to reflect the new.address .and . 33 a new license shall be.issued: pursuant to paragraph (3) 34 (3) If the licensing authority amends the license, anew 35 license shall .be issued to the licensee reflecting the 36 amendments. 37 (4) The licensee shall notify the licensing authority in 38 writing within 10 days of any change in the, licensee's 39 place of residence. If the license is one to carry concealed 40 a pistol, revolver, or other firearm capable of being 97 AB 638 — 8 — I 8 - 1 concealed upon the person, then it may not be revoked 2 solely because the licensee changes his or her place of 3 residence to another county if the licensee has not 4 breached. any conditions or restrictions set forth in the 5 license or has not fallen into a prohibited class described 6 in Section 12021 or 12021.1 of this code or Section 8100 or 7 8103 of the Welfare and Institutions Code. If the license 8 is one to carry loaded and exposed a pistol, revolver, or i 9 other firearm capable of being concealed upon the 10 person, the license shall be revoked immediately if the 11 licensee changes.his or her. place of residence to.another 12 county. 13 (5) An amendment to the license does not extend the 14 original expiration date of the license and thelicense shall 15 be subject to renewal at the same time as if the license had 16 not been amended. 17 (6) An application to amend a license does not 18 constitute an application for renewal of the license. 19 (f) A sheriff of a county or the chief or other head of 20 a municipal police. department of any city or city and 21 county who complies in good faith with this section shall 22 be immune from liability resulting or arising from any 23 action or .misconduct with a firearm committed.by any. 24 person to.. hom a-license to carry a pistol, revolver, or 25 other firearm capable of being concealed upon the 26 person has been issued pursuant to this section. 27 SEC. 3: Section 120,51 of the Penal Code is amended 28 to read: 29 12051. (a) (1) Applications for licenses shall be filed ` 30 in writing; signed by the applicant, and shall state the 31 name, occupation, residence and business address of the . 32 applicant, his or her age, height, weight, color of eyes and 33 hair, and reason for desiring a license to carry the weapon. 34 If the applicant has participated in a domestic violence 35 diversion program as a result ofa complaint charging the 36 applicant with a domestic violence offense, the 37 application:also shall state that fact and the dates of the 38 participation in the program. Any license issued upon the 39 application shall set forth the foregoing data and shall, in 40 addition, contain a description of the weapon or weapons 97 - 9 — AB 638 1 authorized to be carried, giving the name of the 2 manufacturer, the serial number, and the caliber. The 3 license issued to the licensee may be laminated. 4 (2) Applications for amendments to licenses shall be 5 filed in writing and signed by the applicant, and shall state 6 what type of amendment is sought. pursuant to 7 subdivision (f) of Section 12050. and the reason for 8 desiring the amendment. 9 (3) Applications: for amendments to licenses, 10 applications for licenses, amendments to licenses; and 11 licenses shall be uniform throughout the state, upon 12 forms. to be prescribed by the Attorney General. The . 13 forms shall contain a provision, whereby the applicant 14 attests to the truth of statements contained in the 15 application. 16 (b) Any person who files.an application required by 17 subdivision (a) knowing that statements contained 18 therein are false is guilty of a misdemeanor. 19 (c) ,Any person- who knowingly makes a false ® 20 statement on the application regarding any of. the 21. following shall be guilty of a felony: 22. (1) The denial or revocation of a license, or the denial 23 of an amendment to a license, issued pursuant to Section 24 12050. 25 (2) A criminal conviction. 26 3 A finding of not guilty b reason of insanity. ( ) g g Y Y . Y• 27 (4) The use of a controlled substance. .28 (5) ,A dishonorable discharge from military service. 29 . ' (6) A commitment to a mental institution. 30 .(7) , A renunciation of United States citizenship. ti 31 SEC 4. Section.12054 of the Penal Code is amended 32 to,read: 33 12054. (a) Each.applicant.for anew license or for the 34 renewal of a license shall pay at the time of filing his or her 35 . .application a fee determined. by the Department of 36 Justice not to exceed the application processing costs of 37 the Department of Justice for . the direct costs of 38 furnishing the report required by Section 12052. After the 39 department establishes fees sufficient to reimburse the . 40 department for processing costs, fees charged shall 97 AB 638 _ 10 — I 10 - 1 increase at a rate not to exceed the legislatively approved 2 annual cost-of-living adjustments for the department's 3 budget. The,officer receiving the:application and the fee 4 shall transmit the fee, with the fingerprints if required, to 5 the Department of Justice. The licensing authority of any 6 city or county may.charge an additional fee; not to exceed 7 twelve dollars and fifty cents ($1.2.50), for processing the 8 application, and shall transmit the additional fee, if any, 9 to the city or county treasury. 10 (b) In the case of an amended license pursuant to 11 subdivision (e) of Section 12050, the licensing authority 12 - of any city or county may charge a fee, not to exceed 13 twelve dollars and fifty cents ($12.50), for processing the 14 amended license and shall transmit the fee to the city or 15 county treasury. 16 (c) Any person who charges or attempts.to charge a 17 fee in excess of the amount specified in subdivisions (a) 18 and (b) for a license to carry a pistol, .revolver, or other 19 firearm capable of being concealed upon the person is 20 guilty 'of a misdemeanor. 21 9 E G. 4: 22 SEC. 5. No reimbursement is required by this act 23 pursuant to Section 6 .of Article XIII B of the California 24 Constitution for certain costs that may be incurred by.a 25 local agency or school district because in that regard this 26 act creates a new crime or infraction, eliminatesa' crime 27 or infraction, or.. changes the penalty for a crime or 28 infraction, within the meaning of Section 17556 of the 29 Government. Code, or changes the definition of a crime 30 within the meaning of Section 6 of Article. XIII B of the 31 California Constitution. 32 However, notwithstanding Section 17610 of the .33 Government Code; if the Commission on State Mandates 34 determines that this act contains other costs mandated by 35 the state, reimbursement to local agencies and school 36 districts for those costs shall be made pursuant to.,Part 7 37 (commencing with Section 17500) of Division 4 of Title 38 2 of the Government Code. If the statewide cost of the 39 claim for reimbursement does not exceed one million 97 — 11 --- AB 638 1 dollars ($1,000,000), reimbursement shall be made from 2 the State Mandates Claims Fund. 3 Notwithstanding .Section 17580 of the Government 4 Code,unless otherwise specified, the provisions of this act 5 shall become operative on the same date that the act 6 takes effect pursuant to the California Constitution.. i I , f 4, o 97 Board of Supervisors of ' Contra Costa County, State of California IN THE MATTER OF CONCEALED WEAPONS RESOLUTION NO. 9 6/6 6 WHEREAS,more Californians die from gun-shot wounds than in car crashes, and 1994, Californians purchased an average of more than 1,000 handguns daily. WHEREAS,firearms purchases declined 31% from 1994 to 1995. WHEREAS,In 1994,Contra Costa voters passed Measure P, a gun control advisory measure, by a margin of 73.4% to 26.6%. Measure P stated that the State of California should"strictly regulate the sale and possession of all handguns and ban the sale, manufacture,transportation and possession of all assault weapons." WHEREAS,in states with tougher concealed weapons laws, studies have found lower incidences of firearms assaults and firearms robberies. In contrast,a 1995 study shows that in states which have liberalized their concealed weapons laws, such as Florida, Oregon and Mississippi,the firearm homicide rate has increased. WHEREAS, on January 31 the State Assembly passed AB 638, which would dramatically liberalize California's Carrying Concealed Weapons(CCW)law by reducing the discretion of local law enforcement officials in the issuance of CCW permits. WHEREAS,AB 638 would require law enforcement officials to grant concealed weapons permits to any Californian who has not been convicted of a serious crime, is not a member of a street gang, is not a domestic violence offender and has passed a test. Persons with long criminal records, but no serious criminal convictions,would still be eligible for CCW permits. Persons with serious substance abuse problems, including persons convicted of driving under the influence of alcohol or other drugs would be eligible for concealed weapons permit. WHEREAS, AB 638 would allow persons with severe mental illness to obtain concealed weapons permits. Even those who have been institutionalized would be eligible unless adjudicated by a court to be "a danger to others... or a mentally disordered sex offender." WHEREAS, AB 638 repeals the provision in current law which grants local jurisdictions the authority to place "reasonable restrictions or conditions"on carrying permits. AB 638 would prohibit local communities from excluding firearms from parks and public buildings. WHEREAS,AB 638 is opposed by the California Police Chiefs Association. WHEREAS,AB 638 must now be approved by the California Senate Committee on Criminal Procedure and the full State Senate. NOW THEREFORE,be it resolved that the Board of Supervisors of the County of Contra Costa strongly urges the California State Senate, and in particular the Senate Criminal Procedure Committee,to defeat AB 638. PASSED on February 13, 1996, by the following vote: Ayes- Supervisors Rogers,Bishop, Torlakson and Smith Noes-None Absent- Supervisor DeSaulnier IN Witness my hand and the seal of the Board of Supervisors affixed this 13th day of February, 1996. Je S air PHIL BATCHELOR,County Administrator and Clerk of the Board of Supervisors By /'J 7�1 � Deputy C k CC: Health Services CAO RESOLUTION NO. 96/66 f,