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R115111 RESOLUTION NUMBER 11511 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A CONCEALED CARRY WEAPON PERMIT FEE WHEREAS, Penal Code §§ 26150-26155 authorizes the police chief of a City or the Sheriff of a County to issue a concealed carry weapon (“CCW”) permit if certain statutory criteria are met; and WHEREAS, Penal Code § 26155 allows cities to enter into an agreement with a County so that the County Sheriff processes the CCW permit applications for a city; and WHEREAS, the City of Santa Monica (“City”) previously referred all of its CCW permit applications to the Los Angeles County Sheriff’s Department (“LASD”) pursuant to an informal agreement with LASD; and WHEREAS, LASD has stated it will no longer process first-time CCW permit applications from City residents and residents of other local jurisdictions; and WHEREAS, LASD further stated that City residents seeking a CCW permit should apply with the Santa Monica Police Department (“SMPD”); and WHEREAS, on June 23, 2022, the Supreme Court issued a decision in New York State Rifle & Pistol Assn. v. Bruen, 142 S. Ct. 2111 (2022), which held that law-abiding citizens have a constitutional right to bear arms outside of the home for self-defense; and WHEREAS, City residents do not currently have a path to obtain a CCW permit because of LASD’s refusal to process first-time CCW permit applications from City residents; and DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F 2 WHEREAS, the City respects the Second Amendment and other constitutional rights and desires to provide City residents with a path for obtaining a CCW permit as authorized by the Penal Code; and WHEREAS, Penal Code § 26190 authorizes the City to charge a reasonable fee for processing CCW permit applications; and WHEREAS, the Penal Code requires CCW permit applicants to submit to a background check performed by the Department of Justice (“DOJ”); and WHEREAS, the Penal Code authorizes the City to review the results of the DOJ background check and to conduct additional investigation; and WHEREAS, the City’s general cost recovery policy is to charge for the full cost of providing services to the public; and WHEREAS, the City has determined that the costs of establishing a fully internal CCW permit program is higher than using a third party service to handle CCW permit application intake and the initial review of the DOJ background results; and WHEREAS, the Penal Code contains caps on the fees that can be charged for renewal applications and amended licenses; and WHEREAS, the Legislature has proposed to remove these caps in prior legislation that nearly passed; and WHEREAS, the Legislature has stated that it intends to bring back new legislation in the near future that may remove some or all of the current CCW permit fee caps; and WHEREAS, the City has determined that the maximum fees below are reasonable and consistent with the City’s full cost recovery policy and the Penal Code’s maximum fees. DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council establishes maximum fees for processing CCW permit applications, in an amount not to exceed: CCW Permit Application Fee $617 CCW Renewal Application Fee $457 Amended License Fee Actual Cost SECTION 2. Consistent with the maximum fee caps in the Penal Code, the City Council establishes the current fees for processing CCW permit applications as: CCW Permit Application Fee $617 CCW Renewal Application Fee $25 Amended License Fee $10 SECTION 3. In the event that the Penal Code or State law modifies or removes the statutory fee maximums in Section 2, City staff is authorized to charge a fee up to the maximum amounts in Section 1, as permitted by State law, without further action from the City Council after providing 60 days’ notice on the SMPD’s website of the increased fees. DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F 4 SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ Douglas Sloan City Attorney DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F Adopted and approved this 14th day of March 2023. Gleam Davis, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11511 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of March 2023, by the following vote: AYES: Councilmembers Brock, de la Torre, Parra, Torosis, Zwick Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F Adopted and approved this 14th day of March 2023. Gleam Davis, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11511 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of March 2023, by the following vote: AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: D0FE7EFF-0EEB-469C-BC87-99EB8E1E9F1F