Support CA AB 3026 If Amended
I stand with the Firearms Policy Coalition and request amendments to AB 3026. AB 3026 is a extends the definition of "good cause" to include self-defense and defense of others. While the measure seeks to address some parts of the statutes that separate law-abiding people from their rights, it does not (in its current form) address key areas of law that form the basis of the most common civil rights abuses by California licensing authorities (i.e., sheriffs and municipal police chiefs). Thus, AB 3026 would leave California’s laws in an unconstitutional “may-issue” condition. We would be delighted to support AB 3026 should it be amended as we suggest so that people are not treated unfairly or unequally and that all law-abiding people without a firearms disability can access a manner of exercising their fundamental, individual right to keep and bear arms in public. Our suggested amendments include: 1. Amend §§ 26150(a)(2), 26155(a)(2) and proposed § 26156(a), to read: “The applicant is not prohibited from owning or acquiring firearms under state and federal law.” 2. Delete § 26165(b) in its entirety. 3. Amend § 26165, to add: “Licensing authorities shall ensure that acceptable courses of training are available to all applicants within 30 days of being informed of the determination required in Section 26202.” 4. Amend §26185(a)(1), to read: “The fingerprints of each applicant shall be taken in a manner prescribed by the Department of Justice and shall be forwarded to the department on the same day that the applicant submits the standard application form described in Section 26175(a). If a licensing authority does not have the capability to take fingerprints in the manner prescribed by the department on the same day that the applicant submits the standard application form, they shall provide a reasonable alternative for the applicant to have their fingerprints taken and forwarded to the department. An applicant is entitled to use a department-approved third-party fingerprint service provider for these purposes.” 5. Amend 26185(a)(2), to read: “Upon receipt of the fingerprints and the fee as prescribed in Section 26190, the department shall, within 30 days, electronically furnish the applicant’s 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.” 6. Delete § 26190(f) in its entirety. 7. Delete § 26200 in its entirety. 8. Amend § 26205, to read: “The licensing authority shall give written notice to the applicant indicating if the license under this article is approved or denied within 30 days after receipt of the applicant’s criminal background check from the Department of Justice. If the license is denied, the notice shall state which requirement was not satisfied.” 9. Delete §§ 26210(d)-(e) in their entirety. 10. Delete § 26215(a)(4) in its entirety. 11. Amend § 26220(a), to read: “A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed five years from the date of the license.” 12. Delete §§ 26220(b)-(d) in their entirety. 13. Delete proposed § 26020(b)(3)(B). I urge you to support AB 3026 if amended in the aforementioned fashion.
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