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hoffmang
11-15-2008, 9:45 AM
All,

I know I can get this during the day on Monday from various folks, but I'm curious if anyone has weekend access to the last legislative change to Penal Code 12050 - 12054.

Thanks in advance! You can trust that it is important. Sooner or later I'm just going to have to break down and get a subscription...

-Gene

Librarian
11-15-2008, 11:17 AM
LEXIS says
12050 1998 Amendment:

(1) Substituted "satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E)" for "is a resident of the county or a city within the county" in the introductory clause of subd (a)(1)(A); (2) added "and has completed a course of training as described in subparagraph (E)" in subd (a)(1)(B); (3) added subds (a)(1)(D)-(a)(1)(E); (4) substituted subd (a)(2) for former subd (a)(2) which read: "(2) A license issued pursuant to subparagraph (A) or (B) of paragraph (1) is valid for any period of time not to exceed one year from the date of the license. A license issued pursuant to subparagraph (C) of paragraph (1) to a peace officer appointed pursuant to Section 830.6 is valid for any period of time not to exceed three 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 three-year period has not otherwise expired or any other condition imposed pursuant to this section does not limit the validity of the license to a shorter time period."; (5) amended subd (f)(4) by adding (a) subdivision designations (f)(4)(A)-(f)(4)(C); and (b) the second sentence of subd (f)(4)(B); and (6) added subd (g). (As amended Stats 1998 ch 910, compared to the section as it read prior to 1998. This section was also amended by an earlier chapter, ch 110. See Gov C 9605.)


1999 Amendment:

(1) Substituted "subparagraphs (C) and (D)" for "subparagraph (C)" in subd (a)(2)(A)(i); and (2) added subd (a)(2)(D).


2000 Amendment:

Added the last sentence in subd (a)(1)(E)(ii).


Historical Derivation:

Stats 1923 ch 339 8, as amended Stats 1947 ch 1281 1, Stats 1951 ch 1619 1.
12051 2003 Amendment:

(1) Amended subd (a)(1) by (a) substituting "The standard application form for licenses described in paragraph (3) shall require information from the applicant including, but not limited to," for "Applications for licenses shall be filed in writing, signed by the applicant, and shall state" in the first sentence; (b) adding the second sentence; and (c) substituting "licensee's name, occupation, residence and business address, his or her age, height, weight, color of eyes and hair, the reason for desiring a license to carry the weapon," for "foregoing data" in the third sentence; (2) amended subd (a)(3)(A) by (a) substituting "review, and as deemed appropriate, revise the" for "develop a" in the second sentence; (b) adding the third sentence; and (c) deleting the former last sentence which read: "The Attorney General shall adopt and implement this standard application form for licenses on or before July 1, 1999."; and (3) amended subd (a)(3)(D) by (a) substituting "standard application form described in subparagraph (A) is deemed to be a local form expressly exempt from the requirements of the Administrative Procedures Act," for "Attorney General may adopt and enforce regulations that are necessary, appropriate, or useful to interpret and implement this paragraph pursuant to"; and (b) deleting the former last two sentences which read: "Pending the adoption of those regulations, the Attorney General may adopt emergency regulations that shall become effective immediately. The adoption of the emergency regulations shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and the emergency regulations shall only be effective until June 30, 1999, or on the effective date of the regulations adopted by the Attorney General to implement this paragraph, whichever occurs first, at which time the emergency regulations shall be deemed to be repealed."

12052 1992 Amendment:

In addition to making technical changes, (1) added subdivision designations (a) and (b); (2) added ", including information as to whether the person is prohibited under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing, receiving, owning, or purchasing a firearm" at the end of the second sentence of subd (a); (3) amended subd (b) by substituting (a) "firearms pursuant to Section 12050" for "concealed firearms"; and (b) "provided by this section" for "as herein provided"; and (4) added subd (c). (As amended 1992 ch 1341, compared to the section as it read prior to 1992. This section was also amended by an earlier chapter, ch 1340. See Gov C 9605.)


Historical Derivation:

Stats 1923 ch 339 8, as amended Stats 1947 ch 1281 1, Stats 1951 ch 1619 1.

12054 1998 Amendment:

(1) Amended subd (a) by (a) substituting the fourth sentence of the first paragraph for the former fourth sentence which read: "The licensing authority of any city or county may charge an additional fee, not to exceed three dollars ($3), for processing the application, and shall transmit the additional fee, if any, to the city or county treasury."; (b) adding the fifth and sixth sentences; and (c) adding the second paragraph; (2) substituted subd (b) for former subd (b) which read: "(b) In the case of an amended license pursuant to subdivision (f) of Section 12050, the licensing authority of any city or county may charge a fee, not to exceed three dollars ($3), for processing the amended license and shall transmit the fee to the city or county treasury."; and (3) added subds (c) and (d).

hoffmang
11-15-2008, 12:15 PM
Librarian, you just rule!

-Gene

hoffmang
11-15-2008, 12:22 PM
Also, here is the original bill's passage history:
http://www.hoffmang.com/firearms/AB263-Hawes-1923.pdf

-Gene

Librarian
11-15-2008, 3:57 PM
Well, that's entertaining. Substantially all of CA's firearms and concealed weapons law - including the dirk/dagger/billy stuff - seems to date from 1923.

On the whole, that sounds pretty sensible; it was at least "shall issue"!

I can't tell if the 1917 law included DROS, but that also appears in the 1923 law.

ETA: ... and New York was already filled with GFWs in 1927. :rolleyes:

Davidwhitewolf
11-15-2008, 4:00 PM
Yeah, very interesting. I had been under the impression that Irwin Nowick was responsible for most of the legislation we love to hate. He's not that old....

Maybe he jumped back in time and had Ralph Dills sponsor 'em!

hoffmang
11-15-2008, 5:26 PM
Yeah, very interesting. I had been under the impression that Irwin Nowick was responsible for most of the legislation we love to hate.

Irwin did write most of it, but the handgun issue is quite old in California. I'm amused that the Chron was aware that these laws were probably illegal back in 1923. Pre-Miller and certainly pre-Heller.

-Gene

Anthonysmanifesto
11-15-2008, 5:39 PM
according to the table of sections (http://www.leginfo.ca.gov/pdf/tosa2.pdf)affected, AB 837 (http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0801-0850/ab_837_bill_20080609_amended_sen_v94.html) also hit that part of the code in 2008

I havent had the chance to look it up -got to run- randy couture is on soon!

Librarian
11-15-2008, 6:26 PM
according to the table of sections (http://www.leginfo.ca.gov/pdf/tosa2.pdf)affected, AB 837 (http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0801-0850/ab_837_bill_20080609_amended_sen_v94.html) also hit that part of the code in 2008

I havent had the chance to look it up -got to run- randy couture is on soon!

Yes, it did - mostly along the lines of "fallen into a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code
become prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm."

LEXIS didn't show that one. Thanks.