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CA PENAL CODE
SECTION 26150-26225

 

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.


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) Good cause exists for issuance of the license.
   (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 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.



26160.  Each licensing authority shall publish and make available a
written policy summarizing the provisions of Section 26150 and
subdivisions (a) and (b) of Section 26155.



26165.  (a) For new license applicants, the course of training for
issuance of a license under Section 26150 or 26155 may be any course
acceptable to the licensing authority, shall not exceed 16 hours, and
shall include instruction on at least firearm safety and the law
regarding the permissible use of a firearm.
   (b) Notwithstanding subdivision (a), the licensing authority may
require a community college course certified by the Commission on
Peace Officer Standards and Training, up to a maximum of 24 hours,
but only if required uniformly of all license applicants without
exception.
   (c) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than four hours, and shall include instruction on at least firearm
safety and the law regarding the permissible use of a firearm. No
course of training shall be required for any person certified by the
licensing authority as a trainer for purposes of this section, in
order for that person to renew a license issued pursuant to this
article.
   (d) The applicant shall not be required to pay for any training
courses prior to the determination of good cause being made pursuant
to Section 26202.



26170.  (a) Upon proof of all of the following, the sheriff of a
county, or the chief or other head of a municipal police department
of any city or city and county, may issue to an applicant a license
to carry concealed a pistol, revolver, or other firearm capable of
being concealed upon the person:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant has been deputized or appointed as a peace
officer pursuant to subdivision (a) or (b) of Section 830.6 by that
sheriff or that chief of police or other head of a municipal police
department.
   (b) Direct or indirect fees for the issuance of a license pursuant
to this section may be waived.
   (c) The fact that an applicant for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the person
has been deputized or appointed as a peace officer pursuant to
subdivision (a) or (b) of Section 830.6 shall be considered only for
the purpose of issuing a license pursuant to this section, and shall
not be considered for the purpose of issuing a license pursuant to
Section 26150 or 26155.



26175.  (a) (1) Applications for licenses, applications for
amendments to licenses, amendments to licenses, and licenses under
this article shall be uniform throughout the state, upon forms to be
prescribed by the Attorney General.
   (2) The Attorney General shall convene a committee composed of one
representative of the California State Sheriffs' Association, one
representative of the California Police Chiefs Association, and one
representative of the Department of Justice to review, and as deemed
appropriate, revise the standard application form for licenses. The
committee shall meet for this purpose if two of the committee's
members deem that necessary.
   (b) The application shall include a section summarizing the
statutory provisions of state law that result in the automatic denial
of a license.
   (c) The standard application form for licenses described in
subdivision (a) shall require information from the applicant,
including, but not limited to, the name, occupation, residence, and
business address of the applicant, the applicant's age, height,
weight, color of eyes and hair, and reason for desiring a license to
carry the weapon.
   (d) Applications for licenses shall be filed in writing and signed
by the applicant.
   (e) Applications for amendments to licenses shall be filed in
writing and signed by the applicant, and shall state what type of
amendment is sought pursuant to Section 26215 and the reason for
desiring the amendment.
   (f) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
   (g) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the standard application form
described in subdivision (a), except to clarify or interpret
information provided by the applicant on the standard application
form.
   (h) The standard application form described in subdivision (a) is
deemed to be a local form expressly exempt from the requirements of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
   (i) Any license issued upon the application shall set forth the
licensee's name, occupation, residence and business address, the
licensee's age, height, weight, color of eyes and hair, and the
reason for desiring a license to carry the weapon, and shall, in
addition, contain a description of the weapon or weapons authorized
to be carried, giving the name of the manufacturer, the serial
number, and the caliber. The license issued to the licensee may be
laminated.



26180.  (a) Any person who files an application required by Section
26175 knowing that any statement contained therein is false is guilty
of a misdemeanor.
   (b) Any person who knowingly makes a false statement on the
application regarding any of the following is guilty of a felony:
   (1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to this article.
   (2) A criminal conviction.
   (3) A finding of not guilty by reason of insanity.
   (4) The use of a controlled substance.
   (5) A dishonorable discharge from military service.
   (6) A commitment to a mental institution.
   (7) A renunciation of United States citizenship.



26185.  (a) (1) The fingerprints of each applicant shall be taken
and two copies on forms prescribed by the Department of Justice shall
be forwarded to the department.
   (2) Upon receipt of the fingerprints and the fee as prescribed in
Section 26190, the department shall promptly furnish the forwarding
licensing authority 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.
   (3) No license shall be issued by any licensing authority until
after receipt of the report from the department.
   (b) Notwithstanding subdivision (a), if the license applicant has
previously applied to the same licensing authority for a license to
carry firearms pursuant to this article and the applicant's
fingerprints and fee have been previously forwarded to the Department
of Justice, as provided by this section, the licensing authority
shall note the previous identification numbers and other data that
would provide positive identification in the files of the Department
of Justice on the copy of any subsequent license submitted to the
department in conformance with Section 26225 and no additional
application form or fingerprints shall be required.
   (c) If the license applicant has a license issued pursuant to this
article and the applicant's fingerprints have been previously
forwarded to the Department of Justice, as provided in this section,
the licensing authority shall note the previous identification
numbers and other data that would provide positive identification in
the files of the Department of Justice on the copy of any subsequent
license submitted to the department in conformance with Section 26225
and no additional fingerprints shall be required.



26190.  (a) (1) Each applicant for a new license or for the renewal
of a license shall pay at the time of filing the application a fee
determined by the Department of Justice. The fee shall not exceed the
application processing costs of the Department of Justice for the
direct costs of furnishing the report required by Section 26185.
   (2) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   (3) The officer receiving the application and the fee shall
transmit the fee, with the fingerprints if required, to the
Department of Justice.
   (b) (1) The licensing authority of any city, city and county, or
county may charge an additional fee in an amount equal to the actual
costs for processing the application for a new license, including any
required notices, excluding fingerprint and training costs, but in
no case to exceed one hundred dollars ($100), and shall transmit the
additional fee, if any, to the city, city and county, or county
treasury.
   (2) The first 20 percent of this additional local fee may be
collected upon filing of the initial application. The balance of the
fee shall be collected only upon issuance of the license.
   (c) The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application for
a license renewal, and shall transmit an additional fee, if any, to
the city, city and county, or county treasury.
   (d) These local fees may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
   (e) (1) In the case of an amended license pursuant to Section
26215, the licensing authority of any city, city and county, or
county may charge a fee, not to exceed ten dollars ($10), for
processing the amended license.
   (2) This fee may be increased at a rate not to exceed any increase
in the California Consumer Price Index as compiled and reported by
the Department of Industrial Relations.
   (3) The licensing authority shall transmit the fee to the city,
city and county, or county treasury.
   (f) (1) If psychological testing on the initial application is
required by the licensing authority, the license applicant shall be
referred to a licensed psychologist used by the licensing authority
for the psychological testing of its own employees. The applicant may
be charged for the actual cost of the testing in an amount not to
exceed one hundred fifty dollars ($150).
   (2) Additional psychological testing of an applicant seeking
license renewal shall be required only if there is compelling
evidence to indicate that a test is necessary. The cost to the
applicant for this additional testing shall not exceed one hundred
fifty dollars ($150).
   (g) Except as authorized pursuant to this section, no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant, or requires the applicant to
obtain liability insurance, may be imposed by any licensing authority
as a condition of the application for a license.



26195.  (a) A license under this article shall not be issued if the
Department of Justice determines that the person is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (b) (1) A license under this article shall be revoked by the local
licensing authority if at any time either the local licensing
authority is notified by the Department of Justice that a licensee is
prohibited by state or federal law from owning or purchasing
firearms, or the local licensing authority determines that the person
is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.
   (2) If at any time the Department of Justice determines that a
licensee is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm, the department shall
immediately notify the local licensing authority of the
determination.
   (3) If the local licensing authority revokes the license, the
Department of Justice shall be notified of the revocation pursuant to
Section 26225. The licensee shall also be immediately notified of
the revocation in writing.



26200.  (a) A license issued pursuant to this article may include
any reasonable restrictions or conditions that the issuing authority
deems warranted, including restrictions as to the time, place,
manner, and circumstances under which the licensee may carry a
pistol, revolver, or other firearm capable of being concealed upon
the person.
   (b) Any restrictions imposed pursuant to subdivision (a) shall be
indicated on any license issued.



26202.  Upon making the determination of good cause pursuant to
Section 26150 or 26155, the licensing authority shall give written
notice to the applicant of the licensing authority's determination.
If the licensing authority determines that good cause exists, the
notice shall inform the applicants to proceed with the training
requirements specified in Section 26165. If the licensing authority
determines that good cause does not exist, the notice shall inform
the applicant that the request for a license has been denied and
shall state the reason from the department's published policy,
described in Section 26160, as to why the determination was made.




26205.  The licensing authority shall give written notice to the
applicant indicating if the license under this article is approved or
denied. The licensing authority shall give this notice within 90
days of the initial application for a new license or a license
renewal, or 30 days after receipt of the applicant's criminal
background check from the Department of Justice, whichever is later.
If the license is denied, the notice shall state which requirement
was not satisfied.



26210.  (a) When a licensee under this article has a change of
address, the license shall be amended to reflect the new address and
a new license shall be issued pursuant to subdivision (b) of Section
26215.
   (b) The licensee shall notify the licensing authority in writing
within 10 days of any change in the licensee's place of residence.
   (c) If both of the following conditions are satisfied, a license
to carry a concealed handgun may not be revoked solely because the
licensee's place of residence has changed to another county:
   (1) The licensee has not breached any of the conditions or
restrictions set forth in the license.
   (2) The licensee has not become prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
   (d) Notwithstanding subdivision (c), if a licensee's place of
residence was the basis for issuance of a license, any license issued
pursuant to Section 26150 or 26155 shall expire 90 days after the
licensee moves from the county of issuance.
   (e) If the license is one to carry loaded and exposed a pistol,
revolver, or other firearm capable of being concealed upon the
person, the license shall be revoked immediately upon a change of the
licensee's place of residence to another county.



26215.  (a) A person issued a license pursuant to this article may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
   (1) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (2) Authorize the licensee to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) If the population of the county is less than 200,000 persons
according to the most recent federal decennial census, authorize the
licensee to carry loaded and exposed in only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (4) Change any restrictions or conditions on the license,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a pistol, revolver, or
other firearm capable of being concealed upon the person.
   (b) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
   (c) An amendment to the license does not extend the original
expiration date of the license and the license shall be subject to
renewal at the same time as if the license had not been amended.
   (d) An application to amend a license does not constitute an
application for renewal of the license.



26220.  (a) Except as otherwise provided in this section and in
subdivision (c) of Section 26210, a license issued pursuant to
Section 26150 or 26155 is valid for any period of time not to exceed
two years from the date of the license.
   (b) If the licensee's place of employment or business was the
basis for issuance of a license pursuant to Section 26150, the
license is valid for any period of time not to exceed 90 days from
the date of the license. The license shall be valid only in the
county in which the license was originally issued. The licensee shall
give a copy of this license to the licensing authority of the city,
county, or city and county in which the licensee resides. The
licensing authority that originally issued the license shall inform
the licensee verbally and in writing in at least 16-point type of
this obligation to give a copy of the license to the licensing
authority of the city, county, or city and county of residence. Any
application to renew or extend the validity of, or reissue, the
license may be granted only upon the concurrence of the licensing
authority that originally issued the license and the licensing
authority of the city, county, or city and county in which the
licensee resides.
   (c) A license issued pursuant to Section 26150 or 26155 is valid
for any period of time not to exceed three years from the date of the
license if the license is issued to any of the following
individuals:
   (1) A judge of a California court of record.
   (2) A full-time court commissioner of a California court of
record.
   (3) A judge of a federal court.
   (4) A magistrate of a federal court.
   (d) A license issued pursuant to Section 26150 or 26155 is valid
for any period of time not to exceed four years from the date of the
license if the license is issued to a custodial officer who is an
employee of the sheriff as provided in Section 831.5, except that the
license shall be invalid upon the conclusion of the person's
employment pursuant to Section 831.5 if the four-year period has not
otherwise expired or any other condition imposed pursuant to this
article does not limit the validity of the license to a shorter time
period.
   (e) A license issued pursuant to Section 26170 to a peace officer
appointed pursuant to Section 830.6 is valid for any period of time
not to exceed four years from the date of the license, except that
the license shall be invalid upon the conclusion of the person's
appointment pursuant to Section 830.6 if the four-year period has not
otherwise expired or any other condition imposed pursuant to this
article does not limit the validity of the license to a shorter time
period.



26225.  (a) A record of the following shall be maintained in the
office of the licensing authority:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (b) Copies of each of the following shall be filed immediately by
the issuing officer or authority with the Department of Justice:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (c) (1) Commencing on or before January 1, 2000, and annually
thereafter, each licensing authority shall submit to the Attorney
General the total number of licenses issued to peace officers
pursuant to Section 26170, and to judges pursuant to Section 26150 or
26155.
   (2) The Attorney General shall collect and record the information
submitted pursuant to this subdivision by county and licensing
authority.

As an added bonus, I have added CA Penal Code 26374:


26374. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a person engaged in
firearms-related activities, while on the premises of a fixed place
of business that is licensed to conduct and conducts, as a regular
course of its business, activities related to the sale, making,
repair, transfer, pawn, or the use of firearms, or related to
firearms training.

 

 

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