TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Kenric Wu, Administrative Sergeant
DATE: June 12, 2024
SUBJECT: CONSIDERATION OF RESOLUTION NO. R-24-10
AMENDING THE CITY’S FEE SCHEDULE TO ADOPT FEES
FOR THE ISSUANCE OF CARRYING A CONCEALED
WEAPON PERMIT
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Safe Community
Fiscally Responsible and Transparent City Government
BACKGROUND
The California Penal Code authorizes local police departments to issue permits for the carrying of concealed weapons under certain circumstances.
Historically, the Los Angeles County Sheriff’s Department (LASD) had a policy of issuing such permits within the County. Recently, the United States Supreme Court eliminated one of the criteria that is set forth in the California Penal Code for issuance of such permits, resulting in the LASD changing its policy. Based upon this change in policy, the LASD no longer issues permits to residents who do not live in their jurisdictions. As a result, the San Marino Police Department (SMPD) has adopted a policy for the issuance of such permits for persons within the City of San Marino. The Penal Code allows the City to charge fees for the issuance of such permits.
Currently, the SMPD has 34 active CCW applications in process and has issued 17 CCW permits since January 1, 2023. The Department on average issues one permit per month.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
DISCUSSION
California Penal Code section 26155 authorizes a local Police Chief to issue a license to carry a concealed weapon (CCW) if certain criteria are met. One of the criteria, a demonstration that good cause exists for the issuance of the license, was recently determined to be unconstitutional by the United States Supreme Court in the case, New York State Rifle & Pistol Association v. Bruen.
Although that case involved New York’s CCW law, it determined a requirement for a demonstration of “proper cause” was unconstitutional under the Second Amendment. The case specifically mentioned California’s requirement for “good cause” as another example of an unconstitutional requirement. The California Attorney General has advised that local jurisdictions should not be enforcing the “good cause” requirement in the California Penal Code. The San Marino Police Department has developed a policy for the issuance of CCW licenses that track the remaining criteria in the Penal Code. CCW licenses may still be denied on several grounds, including, but not limited to; issues of mental incapacity, criminal convictions involving acts of violence, and history of abuse of controlled substances.
Recently, the California legislature enacted Senate Bill 2 (SB2) (2023-2024) which was signed by Governor Newsom on September 26, 2023. SB2 took effect on January 1, 2024. This Bill removed the “good moral character” requirement and allowed law enforcement agencies to adjust fees (to reflect actual costs to the agencies) and the amounts collected before and after CCW license issuance. Originally, the legislature authorized an initial 20% of CCW fees to be collected at the time of application acceptance. When the CCW was approved and issued, the last 80% was collected. However, with the recent amendment to SB2 and Penal Code Section 26190, law enforcement agencies are authorized to collect 50% of CCW fees at application acceptance and the final 50% of the CCW fees, when the license is approved and issued. To reflect this, the following change to the City Fee Schedule is proposed:
Application fee:
$25.00 (to be used for ID card materials, printing, etc.).
Live Scan (background check/fingerprinting) fee:
Initial CCW Application: $93 Live Scan fee (from DOJ) + SMPD roll fee $20 (already established) = $113. The Live Scan fee is included in the initial 50% of the total permit fees.
CCW Renewal Live Scan fee: $52 (from DOJ) + SMPD roll fee $20 (already established) = $72.
Psychological Exam:
Initial CCW Application: $400.
Renewal CCW Application: $400 (If psychological exam needed), $0 (If no psychological exam is needed).
CCW Amendments:
$10 (to be used for amended ID card materials, printing, DOJ notification, etc.) in additional to the established application fee ($25) = $35. Amendments include: Any change of address (within San Marino City limits only) firearms addition/deletions from license, legal name change, etc.
CCW Processing fee: 3 hours of Detective time ($82.35/hour) = $247.06. This includes applicant interview, application review, and investigation.
Total Fees (including Live Scan Fees):
Initial CCW Application: $785.06
Renewal CCW Renewal Application:
$744.06 (If additional psychological exam required)
$344.06 (If NO additional psychological exam required)
50% of the total permit fees will be charged at time of initial (or renewal) application acceptance, remaining 50% will be due at CCW issuance (per PC 26190(b)(1)(2)).
If the application is denied, the remaining 50% will not be charged. No refunds will be provided for the initial 50% if the application is denied.
The local fees may be increased annually by a Consumer Price Index (CPI) escalator. The “pass-through” fees (those charged or set by the Department of Justice (DOJ)) increase based upon determinations made by the DOJ.
The attached resolution will add these fees to the City’s adopted fee schedule.
FISCAL IMPACT & PROCUREMENT REVIEW
The above fees are intended to recover the City’s costs in issuing CCW licenses. As of January 1, 2024, California Penal Code 26190 was amended by California Senate Bill 2 (SB2) which authorized law enforcement agencies to collect additional fees to a recover all reasonable costs resulting from the issuance of CCW permits. The psychological exam fee was previously capped by state statute at $150 even though the actual cost to the City was $400. The additional $250 was absorbed by the City and was not budgeted for. Additionally, SB2 authorized law enforcement agencies to collect a larger portion of permit fees upfront. Originally, the City was able to collect 20% of CCW fee when the application was initially accepted. Once the CCW permit was approved and issued, the remaining 80% of the fees were collected. After the amendment of Penal Code 26190, law enforcement agencies are authorized to collect 50% of the CCW fees at the time of application and the remainder 50% at the time of CCW issuance.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. R-24-10 amending the City’s fee schedule to include increased fees for the issuances of CCW license. If the City Council concurs with the staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-10, a Resolution of the San Marino City Council amending the City’s Fee Schedule to include increased fees for the issuance of CCW licenses.”
ATTACHMENTS
1. Resolution No. R-24-10
2. California Senate Bill 2 (SB2) 2023
3. California Penal Code 26190