City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 14.A
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Adoption of a Resolution for Concealed Carry Weapon License Process Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing certain concealed carry weapon license fees for new applications, renewal applications, and amended licenses, setting maximum and current fees, and authorizing the charging of higher fees if State law changes. (Attachment A)
2. Staff recommends the Council adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Executive Summary
Prior to August 1, 2022, it was the policy of the Santa Monica Police Department (SMPD) to refer all applications and renewals for a Concealed Carry Weapon (CCW) license to the Los Angeles County Sheriff’s Department (LASD). Due to a recent Supreme Court ruling in New York State Rifle & Pistol Association v Bruen, 142 S. Ct. 2111 (2022), the LASD saw an influx of applications that exceeded the processing ability of their CCW Unit. This caused the LASD to cease processing CCW applications for independent municipalities, like Santa Monica, that are within the LASD’s jurisdiction. In accordance with California Penal Code § 26150 et. seq., and subject to Department policy and procedures, a qualified Santa Monica resident may obtain a CCW license application for authorization to carry a concealed weapon. The SMPD would implement a CCW application process in partnership with My CCW, and with Council’s approval, set CCW license application fees as set forth in the proposed resolution (Attachment A). The proposed maximum fees are consistent with the City’s 2 of 12
general cost recovery policy. The proposed initial fees reflect State law limitations on:
(1) renewal applications, and (2) amended licenses. The proposed resolution authorizes SMPD to charge higher fees in the event that State law changes.
Discussion
Effective March 1, 2017, it was SMPD’s policy to refer all CCW license applications to LASD. The LASD would approve or deny licenses based on criteria outlined in the Penal Code, including demonstrating “good cause.” LASD’s policy, however, was that CCW license applications did not show “good cause” if the license was merely for the personal convenience of the applicant. According to LASD policy and the California Supreme Court (CBS, Inc. v. Block, (1986) 42 Cal.3d 646), good cause shall exist only if there is convincing evidence of a clear and present danger to life, or of great bodily harm to the applicant, spouse, or dependent child, which cannot be adequately dealt with by existing law enforcement resources, and which danger cannot be reasonably avoided by alternative measures, and which danger would be significantly mitigated by the applicant’s carrying of a concealed firearm.
On June 23, 2022, the Supreme Court in Bruen issued a 6-3 ruling, which struck down a New York state CCW license statute stating that “New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.” Consequently, the California Attorney General has stated that Penal Code’s similar “good cause” requirement is likely unconstitutional as well and should not be enforced.
On July 7, 2022, the Los Angeles County Sheriff and Undersheriff provided guidance to the Los Angeles County Police Chiefs’ Association (Attachment B) citing the Bruen ruling and the anticipated increase in CCW application submissions exceeding the capacity of their CCW Unit. Law enforcement agencies throughout Los Angeles County were requested to provide staffing to the LASD CCW Unit to assist with processing, otherwise only first-time applications from those who reside within the LASDs contract cities or unincorporated communities would be processed effective August 1, 2022. On that date, LASD discontinued processing first-time applications for forty-four (44) law 3 of 12
enforcement agencies in Los Angeles County.
LASD currently has approximately 150 applications in various phases of the process for Santa Monica applicants:
• 83 in queue
• 46 Approved
• 9 Denied
• 11 Inactive
In response to LASD’s guidance, SMPD began review and research of CCW license application requirements, established polices and best practices across law enforcement agencies in Los Angeles and Orange County including, LASD, Torrance PD, Beverly Hills PD, Murrieta PD, and the Orange County Sheriff’s Department.
Various agencies had established CCW Units in place while others, like Santa Monica, are developing them. Those with established units accept paper applications and reported delays in processing time due to understaffing and no streamlined database or electronic method for case processing. For example, LASD’s CCW Unit application caseload is hundreds of applications delayed and currently reviewing November 2021 applications. Per 26205 of the California Penal Code, the licensing authority has up to 90 days from the initial application to provide written notice to the applicant indicating if their license is approved or denied.
The background process includes verification of application, CCW License Request Packet review, in-person interview, address verification, review of local and county records, guiding the applicant to Live Scan, psychological exam, and range safety course.
Given that LASD will no longer be processing CCW application on behalf of Santa Monica, SMPD sought external vendors to facilitate and establish a streamlined CCW license process that would enable the department to provide a timely high level of service to its residents without impacting staff workload. There are two established 4 of 12
providers with CCW license expertise, Permitium and My CCW. Permitium is a Software-as-a-Service (SaaS) platform that collects information, processes payments, sets appointments, streamlines the background check process, and helps CCW permits. However, it still heavily relies on department personnel to conduct the interviews and background checks, thereby impacting staff workload. My CCW provides the same level of service, but in addition, it is staffed with POST-certified background investigators, data and technical specialists, and support staff. The addition of POSTcertified background investigators alleviates the impact on departmental staffing resources by outsourcing the background portion of the process. For these reasons, SMPD selected My CCW to support with processing of CCW license requests electronically.
The usage of My CCW to handle CCW license application intake and initial background investigation offers a cost-savings approach versus establishing an internally staffed program. The estimated cost for SMPD to process CCW license applications with an internally staffed program is $1,093.83 for ten hours of work per application. In contrast, using My CCW reduces the internal SMPD staff work to two hours, which is a fully burdened cost of $219 for SMPD staff time plus $398 for My CCW’s services.
My CCW combines conventional expertise of experienced investigators with advanced electronic web platform services. This capability makes My CCW unique since it is the only company that not only provides a platform for an applicant to submit application requests, and offers the staffing to perform interviews, background checks, and prepare a complete CCW case file containing all necessary documentation for SMPD to render a decision on approval or denial of a CCW license. When a paper application is sent in, My CCW will work with the City to process the application and perform the same background check review. Police Departments such as Manhattan Beach, West Covina, Baldwin Park, and La Verne, are currently using My CCW. Police departments such as Hermosa Beach, Bell Gardens, South Gate, and Downey are currently in discussions with My CCW to potentially help them launch their CCW programs. 5 of 12
Requirements for Obtaining a CCW License
In order to qualify for a CCW license, the applicant must meet the following requirements established by State law:
• Must be a resident of the City of Santa Monica (Penal Code § 26150 & Penal Code § 26155).
• Be at least 21 years of age (Penal Code § 29610).
• Must be a U.S. Citizen.
• Be free from criminal convictions that would disqualify the applicant from carrying a firearm.
• Be of good moral character (Penal Code § 26150 & Penal Code § 26155). • Pay all associated application fees (fees will not be refunded if the application is denied).
• Provide proof of ownership and registration of any firearm associated with the license.
• Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). • Complete required training (Penal Code § 26165).
• For further prohibitions, see Attachment C.
Outline of CCW License Process
• Apply online through www.MyCCW.us (Via link on department website). • Complete the California Department of Justice (DOJ) Application, also available through www.MyCCW.us.
• Upon completion of the application, the applicant receives a Welcome Email with a CCW License Request Packet, containing information about conditions and agreements, Live Scan service, and CCW firearms safety course certification. • Initial review of the application by a background investigator (completed within 7- 6 of 12
10 business days).
• Interview with a background investigator and a review of required documents. • Criminal history check through Live Scan fingerprinting. • Thorough background check including but not limited to Firearms registration check (DROS), drivers license check, local and county law enforcement contacts, want/warrant check, name verification, address verification, and follow up with three (3) character references. Department personnel would assist with this. • Psychological Review.
• Completion of an approved (minimum 8 hours) CCW Firearm Safety Course & Weapon(s) Qualification that includes live-fire shooting exercises where the applicant demonstrates an ability to handle and shoot the gun safely. • Final review. Decisions regarding requests for CCW licenses are at the sole discretion of the Licensing Authority, Chief of Police. • Applicant signs the Terms of License Acknowledgement and issuance of CCW License by SMPD, which is valid for two years.
CCW License Restrictions
The Chief of Police may place special restrictions limiting the time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from:
• Consuming any alcoholic beverages while armed.
• Falsely representing him/herself as a peace officer.
• Unjustified or unreasonable displaying of a firearm.
• Committing any crime.
• Being under the influence of any medication or drug while armed. • Interfering with any law enforcement officer’s duties. • Refusing to display his/her license or firearm for inspection upon demand of any peace officer.
• Loading the permitted firearm with illegal ammunition. 7 of 12
CCW License Revocations
Any CCW license may be immediately revoked by the Chief of Police for any of the following reasons:
• The licensee has violated any of the restrictions or conditions placed upon the license.
• The licensee becomes psychologically unsuitable to carry a firearm. • The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103 or any state or federal law. • The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license.
SMPD’s CCW License Program
A CCW license is the only means by which a citizen may legally carry firearms in public in California. Absent a CCW license, it is generally a crime to carry either a loaded or unloaded firearm in public, regardless of whether the weapon is concealed or openly carried. State law allows for a person to be issued a CCW license if they are of good moral character, meet residency requirements, are a minimum of 21 years old, own a registered firearm in California, and have completed an acceptable course on firearms training. The license to publicly carry a firearm may be issued by the chief or other head of a municipal police department, pursuant to Penal Code § 26155.
The issuance of licenses enabling law-abiding private citizens to carry a CCW is of great concern to the Santa Monica Police Department, which is why this process is well thought out, affordable, and efficient.
Application fees vary between agencies due to the California Penal Code allowing licensing authorities to charge an amount equal to the reasonable costs for processing the application. Agencies like LASD ($150 first time application fee) and the Los 8 of 12
Angeles Police Department ($268 first time application fee) have units assigned to process CCW’s. SMPD has hired a Background Investigator in the Personnel and Training Unit who will be the CCW Coordinator responsible for performing some of the CCW background process including local computer checks, review of the packet provided by My CCW, meeting with the applicant to issue a license, and other duties. It is estimated the CCW Coordinator would spend approximately two hours on each applicant with the assistance of My CCW. If SMPD did not use My CCW it is estimated that it would take approximately 10 hours of staff time for each CCW license application.
Proposed CCW License Fee
The fee for My CCW’s service is $398 for new applications and $348 for renewals.
Consistent with the City’s general full cost recovery policy, SMPD proposes passing the City’s costs in using My CCW to applicants and recovering SMPD’s cost in processing CCW applications and issuing licenses to the extent permitted by State law.
With respect to the proposed $617 new application fee, My CCW would collect their processing fee ($398) at the time of the initial application. The remaining administrative fee ($219) would be collected by the City when the license is issued. In the rare cases that someone does not pass the background process or is denied by SMPD, the City would not collect the $219 fee.
These costs (see below) do not include other fees for fingerprinting, psychological evaluation, and a range safety course. These services are outsourced, and the fees are set by the respective third-party provider and paid directly to them by the applicant. The psychological evaluation fee is limited to $150 per Penal Code § 26190(f)(1). Penal Code § 26190(f)(1) also requires cities that choose to require a psychological evaluation to refer CCW license applicants to the licensed psychologist used for their own employees, which for SMPD is Psychological Consulting Associates, Inc (PCA) or Seal Beach Counseling. Seal Beach Counseling charges $150 for these evaluations, which means there will be no cost incurred by the City per applicant if the City chooses to require psychological testing.
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The City would not process renewals until 2025, but existing State law limits cost recovery in processing renewal applications. My CCW charges $348 to process renewals. Penal Code Section 26190(c), however, caps renewal fees that may be charged to applicants at $25. In 2022, SB 918 proposed to modify Penal Code § 26190(c) to remove the cap on renewal fees, but the bill failed to pass by one vote. A revised version of SB 918 is expected to be voted by the Legislature in 2023. Until a change in law, a CCW license applicant would be charged $25, with the City incurring a cost of $323 per renewal. The proposed resolution authorizes SMPD to charge CCW license renewal applicants up to $457 should State law remove or modify the existing cap on renewal applications.
Penal Code § 26190(e)(1) also limits amended licenses to $10, which is the current proposed fee for processing amended licenses. The proposed resolution authorizes SMPD to charge up to the actual costs of processing amended licenses should State law remove or modify the existing cap on amended licenses.
Using My CCW will be more cost effective than other options such as employing SMPD personnel to process applications through a fully internal process. Agencies such as Manhattan Beach, South Gate, Signal Hill, West Covina, and Irwindale have successfully launched their CCW license program using My CCW to process their applications.
The proposed maximum fees of $617 for new CCW applications and $457 for renewal applications, reflect the City’s general full cost recovery policy and includes an estimated two hours of internal SMPD time to process new applications and one hour to process renewal applications after My CCW conducts their initial review. These fees are in addition to the other required state, training, and other fees.
Outside Agency CCW Application Fees
LAPD $268
LASD $150
Sonoma $391
OCSD $169
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Signal Hill (using My CCW) $398
Manhattan Beach (using My CCW) $398
Baldwin Park (using My CCW) $498
With Council’s approval, SMPD proposes to set initial application fees at $617, with $398 paid to My CCW and upon completion of the process, the remaining $219 paid to the City. The proposed $25 renewal application fee reflects current fee caps imposed by State law. The proposed resolution authorizes SMPD to charge up to $457 for renewal applications if the existing fee cap is modified or eliminated by subsequent legislation.
The table below list all fees associated with a CCW license for a City resident.
Santa Monica CCW Fee Schedule
Description Payable to Initial Amount Renewal Amount
Application/Processing City of Santa Monica $398.001 $25.002 SMPD Background/Review City of Santa Monica $219 $109 (not charged due to State law
fee cap)
Licensing
2-Year Standard
DOJ Processing $93.003 $52.004
Amendments City of Santa Monica $105 N/A
Live Scan/Fingerprints Certified Live Scan $25.006 N/A
Psychological Review Psychologist $150.00 N/A
Safety & Weapons Course Course Vendor $140.006 $95.00
1 Paid directly to My CCW at application.
2 Applicants seeking renewals will pay My CCW $25, which is the current maximum allowed under State law. My CCW charges $348 to process renewals. The City will be responsible for the $323 difference between what CCW applicants pay and what My CCW charges.
3 Fee collected by third-party Live Scan provider on behalf of the state. 4 Fee collected by the Department and transferred to the State. 5 Per 26190(1) PC, the licensing authority may charge a fee, not to exceed $10, for processing the amended license. 6 Actual costs may vary depending on the specific vendor.
This table illustrates the total costs incurred by the City per application. 11 of 12
New
Application Renewal
My CCW Fee $398 $348
Psychological Evaluation $150 N/A
Police Department Review (estimated costs) $219 $109
Total Costs incurred [a] $767 $457
The below table illustrates how the proposed fees recover the City’s costs to the extent permitted by law. This cost recovery level would result in the City subsiding $432 per license renewal because of current State law caps on renewal fees. CCW licenses are valid for two years so the City would not be processing renewal applications until 2025.
Proposed legislation (SB 2) proposes to remove the cap on renewal fees and further allows CCW applicants to use a psychological provider acceptable to the City. SB 2 currently proposes to authorize psychological providers to remove a $150 psychological evaluation cap and authorizes providers to charge their actual cost to CCW applicants.
New
Application Renewal Payable to:
Application Fee $617 $25 Vendor/City
Psychological Evaluation $150 - Vendor
Total Proposed Cost Recovery Fees [b] $767 $25
Subsidized costs borne by City = [a minus b] $0 $432
Environmental Review
The CCW application process is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The CCW application process is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The CCW application process was previously implemented by the LASD. The Santa Monica Police Department would now implement this application process in partnership with My CCW. Therefore, it can be seen with certainty that the transfer of implementation for the CCW application process would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
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Financial Impacts and Budget Actions
Approval of the recommended action would not have an estimated impact to the City annually since the fees are covered by the applicant.
Prepared By: Scott McGee, Police Sergeant
Approved Forwarded to Council
Attachments:
A. Resolution Establishing CCW Permit Fees
B. Letter from Sheriff Alex Villanueva and Undersheriff Timothy K. Murakami C. CA Dept. of Justice Bureau of Firearms Prohibiting Categories D. PowerPoint Presentation