HomeMy WebLinkAboutMINUTES - 02271996 - C59 To: BOARD OF SUPERVISORS Contra
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FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR �� Costa
Count
DATE: February 20, 1996 _ °T y
ST'9 COUN�
REAFFIRM THE BOARD'S OPPOSITION TO AB 638 (Knight) WHICH
SUBJECT: WOULD INCREASE THE NUMBER OF INDIVIDUALS WHO ARE ENTITLED
TO CARRY CONCEALED WEAPONS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REAFFIRM the vote taken by the Board of Supervisors on February 13, 1996 to
OPPOSE AB 638 by Assemblyman William J. Knight, which would require that a
sheriff or police chief issue a license to carry a concealed weapon upon proof that
the applicant is a resident of the county, is 21 years of age or older, desires legal
means to carry a concealed firearm for lawful self-defense and demonstrates
competence with a firearm. A limited number of grounds are provided for denying the
license.
BACKGROUND:
On February 13, 1996, on the recommendation of Supervisor Smith, the Board of
Supervisors voted unanimously to oppose AB 638. Supervisor DeSaulnier was
absent from this vote. Supervisor Smith asked that the issue be listed on the agenda
again so Supervisor DeSaulnier would have an opportunity to add his vote to those
of the rest of the Board.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Z/W
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE `
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _Teb {y2:7 1006 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED FEBRUARY 27, 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
BY ,DEPUTY
cc: County Administrator
Sheriff-Coroner
Health Services Director
Wendel Brunner, M.D., Public Health Director
Andres Soto, Prevention Program, HSD
Les Spahnn; Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
To: BOARD OF SUPERVISORS
Contra
FROM: Supervisor Jeff Smith -' Costa
Countyq
DATE: February 13 , 1996 `
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)i 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 bur society.
CONTINUED ON ATTACHMENT: YES SIGNATURE: �"S�A
'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD IM E
APPROVE OTHER
SIGNATURE($):
ACTION OF BOARD ON�F February r u a r��e b r u a r y�APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT + 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.
CC: ATTESTED
PHIL BATCHELOR.CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY ,DEPUTY
i
i
12A—The Times C Tuesday, February 6, 1996f:DITORIALS
—�
f
Welcome back to Wild West
concealed weapons bill ation,the state Sheriffs Association,
medical and legal,groups and Attorney
should be shot Gown Gen. Dan Lungren all oppose it..
Knight thinks criminals will be more
he California Assembly jumped reluctant to act knowing that law-abid-
off the deep end last week ing citizens might strike back.
when it approved a bill to allow Granted, a few crimes might be
.just about any adult without a felony averted. But the opposite scenario is
-record to carry a concealed handgun. more likely.An armed robber holds
Assemblyman Pete Knight, R-Palm- everyone in a restaurant at gun point.
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 convicted of a serious crime or Has anyone pondered how many
been found to be insane. The Assem- tanked up bar patrons will resolve
bly approved this short-sighted legisla- their liquor 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 who can carry concealed their friends?These are very real pos-
_weapons. Currently individuals must sibilities.
demonstrate a need to have them. Will we be a safer society if we are
'his bill will remove the discretion of fully armed?Most likely we just will
local law enforcement to ensure public be more paranoid.
,safety. That contradicts Republican The Assembly seeks the good old
.,philosophy of more local control and days of the shoot 'em up Wild West
fewer mandates. where vigilante "justice"prevailed.
More 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.
AMENDED IN ASSEMBLY JANUARY 30, 1996
AMENDED IN ASSEMBLY JANUARY 4, 1996
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 638
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 weapens firearm
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
apen 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
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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 weapeft
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 weearpefts
firearm license to qualified persons, the bill would impose a
state-mandated local 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
ween firearm 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 weapeft 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
licensing authority 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
an applicant a. license to carry a concealed weapon if the
applicanthas participated, 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 license
to carry.a concealed weapon include specified information
about the applicant. A person who files this application
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knowing that the statements contained therein are false is
guilty of a misdemeanor.
This bill would require thatifthe 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
ofa 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 farearm 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
tic. 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 mandated. 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.
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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:
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:
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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 any division 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
28 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 locallicensing authority
40 determines that the person is a member of a criminal
i 97
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AB 638 — 6 —
I
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
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 the time the applicant applies for
18 the license, has participated in a domestic violence
19 . diversion program as a result ofa complaint charging the
20 applicant with a domestic violence offense. _.
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 within a 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) ofSection 186.22. The license also shall be
34 revoked if the locallicensingauthor:ty determines that a
35 licensee has, within 10 years prior to the time 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.
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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,
t 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.
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 newaddress and
33 a new license shall be issued pursuant to paragraph (3) .
34 (3) If the licensing authority amends the license,a new
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
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AB 638 — 8 -
1
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 r
8 is one to carry loaded and exposed a pistol, revolver, or
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 the license 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 whom 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 12051 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
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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 pufsuant to Section
24 12050.
25 (2) A criminal conviction.
26 (3) A finding of not guilty by reason of insanity.
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.
31 SEC 4. Section 12054 of the Penal Code is amended
32 to read:
33 12054. (a) Each applicant for a new 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
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AB 638 — 10 -
1
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 ($12.50), 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 BEG: 4--
22
-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, eliminates a 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 toy 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
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-- 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.
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