AB1006 - Firearms: concealed carry.

Amended IN Assembly April 10, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1006 Introduced by Assembly Member Ramos February 20, 2025 An act to amend Sections 26150, 26155, 26162, 26200, 26202, and 26220 and 26202 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 1006, as amended, Ramos. Firearms: concealed carry. Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license for a person to carry a concealed firearm if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant is the recorded owner of the firearm with the Department of Justice. Existing law deems an applicant to be a disqualified person and cannot receive or renew a license if, among other reasons, the applicant is reasonably likely to be a danger to self, others, or the community at large, or, in the 10 years prior to the licensing authority receiving the completed application, the applicant has been charged with any certain offense that was dismissed pursuant to a plea or dismissed with a waiver, as specified. Under existing law, a license issued pursuant to these provisions is valid for a period not to exceed 2 years from the date of the license, and any person who files an application knowing that any statement in the application is false is guilty of a misdemeanor. This bill would also treat the spouse of the recorded owner of the firearm as the recorded owner for licensing purposes. The bill would include additional specified acts that would deem an applicant as a disqualified person, including providing any information that the applicant knew or should have known was inaccurate or incomplete information in connection with the application or, in the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, the applicant has been charged with convicted of certain offenses, including knowingly and willingly threatening the life of any elected public official and other specified persons. By expanding the application of an existing crime and expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would make other conforming changes. The bill would make these provisions severable. 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 no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text 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) If a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall issue or renew a license to that person upon proof of all of the following: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. (2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. (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. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued, or the spouse of the recorded owner. (b) The sheriff shall issue or renew 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. (c) (1) Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff. (2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter. SEC. 2. Section 26155 of the Penal Code is amended to read: 26155. (a) When a person applies for a new license or license renewal 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 shall issue or renew a license to that person upon proof of all of the following: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. (2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. (3) The applicant is a resident of that city or city and county. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued, or the spouse of the recorded owner. (b) The chief or other head of a municipal police department shall issue or renew 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. SEC. 3. Section 26162 of the Penal Code is amended to read: 26162. (a) Prior to the issuance of a license, renewal of a license, or amendment to a license, each licensing authority with direct access to the designated Department of Justice system shall determine if the applicant is the recorded owner or the spouse of the recorded owner of the particular pistol, revolver, or other firearm capable of being concealed upon the person reported in the application for a license or the application for the amendment to a license under this chapter. (b) An agency with direct access to the designated Department of Justice system shall confirm the applicant’s information with firearm ownership maintained in the system. An agency without access to the system shall confirm this information with the sheriff of the county in which the agency is located. SEC. 4. Section 26200 of the Penal Code is amended to read: 26200. (a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following: (1) Consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code. (2) Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption. (3) Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code. (4) Carry a firearm not listed on the license or a firearm for which they are not the recorded owner or the spouse of the recorded owner. This paragraph does not apply to a licensee who was issued a license pursuant to Section 26170, in which case they may carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer, and the licensee carries the firearm consistent with that agency’s policies. (5) Falsely represent to a person that the licensee is a peace officer. (6) Engage in an unjustified display of a deadly weapon. (7) Fail to carry the license on their person. (8) Impede a peace officer in the conduct of their activities. (9) Refuse to display the license or to provide the firearm to a peace officer upon demand for purposes of inspecting the firearm. (10) Violate any federal, state, or local criminal law. (b) In addition to the restrictions and conditions listed in subdivision (a), a license issued pursuant to this chapter may also include any reasonable restrictions or conditions that the licensing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued. (d) A licensee authorized to carry a firearm pursuant to this chapter shall not carry more than two firearms under the licensee’s control at one time. SEC. 5. Section 26202 of the Penal Code is amended to read: 26202. (a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or renew a license pursuant to Section 26150, 26155, or 26170 if the applicant: (1) Is reasonably likely to be a danger to self, others, or the community at large, as demonstrated by anything in the application for a license or through the investigation described in subdivision (b), or as shown by the results of any psychological assessment, including, but not limited to, the assessment described in subdivision (e) of Section 26190. (2) Has been convicted of contempt of court under Section 166. (3) Has been subject to any restraining order, protective order, or other type of court order issued pursuant to the following statutory provisions, unless that order expired, was dismissed, or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application: (A) Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (B) Part 4 (commencing with Section 6300) of Division 10 of the Family Code. (C) Sections 136.2 and 18100. (D) Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure. (E) Section 213.5, 304, 362.4, 726.5, or 15657.03 of the Welfare and Institutions Code. (4) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been convicted of an offense listed in Section 422.6, 422.7, 422.75, or 29805. (5) Has engaged in an unlawful or reckless use, display, or brandishing of a firearm. (6) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been charged with any offense listed in Section 290, 667.5, 1192.7, 1192.8, or 29805 that was dismissed pursuant to a plea or dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. (7) In the five years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been committed to or incarcerated in county jail or state prison for, or on probation, parole, postrelease community supervision, or mandatory supervision as a result of, a conviction of an offense, an element of which involves controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. (8) Is currently abusing controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. (9) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has experienced the loss or theft of multiple firearms due to the applicant’s lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm. For purposes of this paragraph, “multiple firearms” includes a loss of more than one firearm on the same occasion, or the loss of a single firearm on more than one occasion. (10) Failed to report a loss of a firearm as required by Section 25250 or any other state, federal, or local law requiring the reporting of the loss of a firearm. (11) Provided any information that the applicant knew or should have known was inaccurate or incomplete information in connection with an application for a new license or a license renewal. (12) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been charged with convicted of an offense listed in Section 71, 76, 422, or 626.8. (13) Is a validated gang member. (1 [Text truncated for display. Full text available on Congress.gov.]