SB 1567

Bill Subjects

Abstract

Existing law generally prohibits the carrying of a concealed firearm without a license. Existing law permits a sheriff or head of a municipal police department to issue a license to a person who submits an application to carry a concealed firearm upon proof of certain factors, including that the applicant is of good moral character, that good cause exists for the issuance of the license, and certain residency requirements are met. This bill would also require proof that the individual is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. By requiring sheriffs and municipal police departments to perform additional duties, the bill would impose a state-mandated local program. Existing law requires the fingerprints of an applicant for a concealed firearm license to be sent to the Department of Justice and requires the department, upon receipt of the fingerprints and a prescribed fee, to furnish the licensing authority with a report of all data and information pertaining to any applicant of which there is a record in its office, including information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. This bill would require the department, upon receipt of the fingerprints and fee and upon an application for renewal of a license, to conduct an investigation that includes a report from the National Instant Criminal Background Check System to ensure that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits a dealer from delivering a firearm to a person within 10 days of an application to purchase, within 10 days of the submission to the Department of Justice of any correction to the application, or within 10 days of the submission to the department of a firearm purchaser fee, whichever is later. Existing law provides that this 10-day waiting period does not apply to the sale, delivery, or transfer of firearms to a full-time paid peace officer who is authorized to carry firearms while in the performance of duties, or to a dealer who delivers a firearm, other than a handgun, at an auction or similar event, among other exceptions. This bill would provide that the 10-day waiting period does not apply to the sale, delivery, or transfer of firearms to any person who is authorized to carry a weapon in a concealed manner pursuant to the above provisions, or to the sale, delivery, or transfer of firearms for personal use to a peace officer or retired peace officer, as specified, who is authorized to carry a concealed weapon. Existing law requires the Department of Justice, upon submission of firearm purchaser information by a firearms dealer, to examine records to determine whether the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. This bill would require the department to respond to the dealer within 24 hours with a hold status if the available information indicates that further investigation is required to determine whether the individual is approved or prohibited. The bill would require the department to respond to a dealer who has received a hold status with either an approved or prohibited status immediately upon completion of the department's investigation, and would prohibit a dealer from releasing a firearm until the dealer has received an approved status for the purchaser from the department. This bill would make conforming changes. 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.