(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 satisfies any one or more of the following:
(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 or any federal law or law of any other state that includes comparable elements of contempt of court
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(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 satisfies any one or more of the following:
(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 or any federal law or law of any other state that includes comparable elements 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, or any federal law or law of any other state that includes comparable elements of those statutory provisions, unless that order expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application, or that order expired or was vacated or otherwise canceled and the applicant did not receive notice and an opportunity to be heard before the order was issued:
(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, or any federal law or law of any other state that includes comparable
elements of those offenses.
(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, or any federal law or law of any other state that includes comparable elements of those offenses, 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, as described in paragraph (3) of subdivision (g) of Section 922 of Title 18 of the United States Code and applicable regulations and guidance, an unlawful user of or addicted to any controlled substance.
(9)
Is currently abusing any controlled substance, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. For purposes of this subdivision, the term “abusing” means excessive use or consumption reflecting that the applicant has lost the power of self-control with reference to the controlled substance or alcohol.
(10)
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.
(11)
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.
(b)
In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), the licensing authority shall conduct an investigation that meets all of the following minimum requirements:
(1)
For a license issued pursuant to subdivision (b) of Section 26150 or subdivision (b) of Section 26155, an in-person interview of the applicant or a virtual interview of the applicant, where the applicant appears by video and audio, at the applicant’s
election. For renewal applications, the licensing authority may elect to forgo this requirement.
(2)
In-person, virtual, or telephonic interviews with at least three character references, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable. For renewal applications, the licensing authority may elect to forgo this requirement.
(3)
A review of publicly available information about the applicant, including publicly available statements published or posted by the applicant.
(4)
A review of all information provided in the application for a license.
(5)
A review of all information provided by the Department of Justice in accordance with subdivision (a) of, paragraph (2) of subdivision (b) of, and paragraph (3) of subdivision (c) of Section 26185, as well as firearms eligibility notices or any other information subsequently provided to the licensing authority regarding the applicant.
(6)
A review of the information in the California Restraining and Protective Order System accessible through the California Law Enforcement Telecommunications System, including information indicating that the applicant is reasonably likely to be a danger to self, others, or the community at large pursuant to paragraph (1) of subdivision (a), or that the applicant is otherwise a disqualified person pursuant to paragraph (3) of subdivision (a).
(c)
In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), this section does not preclude the licensing authority from engaging in investigative efforts in addition to those listed in subdivision (b).
(d)
Within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority shall give written notice to the applicant of the licensing authority’s initial determination, based on its investigation thus far, of whether an applicant is a disqualified person pursuant to Section 26150, 26155, or 26170 as follows:
(1)
(A)
If the licensing authority makes an initial determination that, based on its investigation thus far, the applicant
is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements specified in Section 26165. The licensing authority shall then submit the applicant’s fingerprints or the renewal notification to the Department of Justice in accordance with Section 26185.
(B)
The initial determination described in subparagraph (A) shall include a final determination as to whether the applicant is or is not a disqualified person pursuant to paragraph (8) of subdivision (a).
(2)
If, within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority determines that the applicant is a disqualified person, the notice shall inform the applicant that the request for a license has been denied, state
the reason as to why the determination was made, and inform the applicant that they may request a hearing from a court, as outlined in Section 26206. A licensing authority providing notice under this paragraph informing the applicant that the request for a license has been denied satisfies the requirement to provide notice of a denial of a license pursuant to Section 26205.
(e)
The prohibitions listed in subdivision (a) shall apply whether or not the relevant conduct, order, conviction, charge, commitment, or other relevant action took place or was issued or entered before the effective date of the act that added this subdivision.
(f)
Upon determining the applicant is a disqualified person pursuant to paragraph (8) of subdivision (a), the licensing authority shall, within five days,
submit to the National Instant Criminal Background Check System Index the full name, date of birth, and physical description of the applicant reflecting that the applicant meets the criteria of paragraph (3) of subdivision (g) of Section 922 of Title 18 of the United States Code and regulations issued pursuant thereto, and shall include supporting documentation validating any identifying information provided about the applicant and the licensing authority’s determination. The supporting documentation required under this subdivision shall include proof of an arrest or a conviction, results of a test administered on the
applicant or substance, or documentation of the admission of use, as applicable, as well as the date of any such arrest, conviction, test, or admission. Unless the licensing authority’s document retention policies provide for a longer period, the licensing authority shall
retain any such supporting documentation for 12 months from the date of submission.