Edward Peruta
Regular Member
imported post
To All:
Please read this section of the California Penal Code and see if I'm reading it correctly.
California Penal Code Section 12054. (a)[/b] Each applicant for a new license or for the renewal of a license shall pay at the time of filing his or her application a fee determined by the Department of Justice[/b] not to exceed the application processing costs[/b] of the Department of Justice for the direct costs of furnishing the report required by Section 12052[/b]. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments[/b] for the department's budget. The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice. The licensing authority of any city, city and county, or county may charge an additional fee in an amount equal to the actual costs for processing the application for a new license, excluding fingerprint and training costs, but in no case to exceed one hundred dollars ($100)[/b], and shall transmit the additional fee, if any, to the city, city and county, or county treasury. The first 20 percent [/b]of this additional local fee may be collected upon filing of the initial application. The balance of the fee[/b] shall be collected only upon issuance of the license[/b].
Question:[/b] Is the cost of an unsuccessful application limited to 20% of a successful application?[/b]
The licensing authority may charge an additional fee, not to exceed twenty-five dollars ($25), for processing the application for a license renewal, and shall transmit an additional fee, if any, to the city, city and county, or county treasury. These local fees may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations.
(b)[/b] In the case of an amended license pursuant to subdivision (f) of Section 12050, the licensing authority of any city, city and county, or county may charge a fee, not to exceed ten dollars ($10), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations, for processing the amended license and shall transmit the fee to the city, city and county, or county treasury.
(c)[/b] If psychological testing on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. The applicant may be charged for the actual cost of the testing in an amount not to exceed one hundred fifty dollars ($150). Additional psychological testing of an applicant seeking license renewal shall be required only if there is compelling evidence to indicate that a test is necessary. The cost to the applicant for this additional testing shall not exceed one hundred fifty dollars ($150).
(d) Except as authorized pursuant to subdivisions (a), (b), and (c)[/b], no requirement[/b], charge[/b], assessment[/b], fee[/b], or condition[/b] that requires the payment of any additional funds[/b] by the applicant may be imposed by any licensing authority as a condition[/b] of the application for a license.
Question:[/b] Does the licensing authority have the right to require the expenditure of funds to purchase the 15 rounds of ammunition required to qualify or demonstrate proficiency with a firearm as part of the application for a license?[/b]
To All:
Please read this section of the California Penal Code and see if I'm reading it correctly.
California Penal Code Section 12054. (a)[/b] Each applicant for a new license or for the renewal of a license shall pay at the time of filing his or her application a fee determined by the Department of Justice[/b] not to exceed the application processing costs[/b] of the Department of Justice for the direct costs of furnishing the report required by Section 12052[/b]. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments[/b] for the department's budget. The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice. The licensing authority of any city, city and county, or county may charge an additional fee in an amount equal to the actual costs for processing the application for a new license, excluding fingerprint and training costs, but in no case to exceed one hundred dollars ($100)[/b], and shall transmit the additional fee, if any, to the city, city and county, or county treasury. The first 20 percent [/b]of this additional local fee may be collected upon filing of the initial application. The balance of the fee[/b] shall be collected only upon issuance of the license[/b].
Question:[/b] Is the cost of an unsuccessful application limited to 20% of a successful application?[/b]
The licensing authority may charge an additional fee, not to exceed twenty-five dollars ($25), for processing the application for a license renewal, and shall transmit an additional fee, if any, to the city, city and county, or county treasury. These local fees may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations.
(b)[/b] In the case of an amended license pursuant to subdivision (f) of Section 12050, the licensing authority of any city, city and county, or county may charge a fee, not to exceed ten dollars ($10), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations, for processing the amended license and shall transmit the fee to the city, city and county, or county treasury.
(c)[/b] If psychological testing on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. The applicant may be charged for the actual cost of the testing in an amount not to exceed one hundred fifty dollars ($150). Additional psychological testing of an applicant seeking license renewal shall be required only if there is compelling evidence to indicate that a test is necessary. The cost to the applicant for this additional testing shall not exceed one hundred fifty dollars ($150).
(d) Except as authorized pursuant to subdivisions (a), (b), and (c)[/b], no requirement[/b], charge[/b], assessment[/b], fee[/b], or condition[/b] that requires the payment of any additional funds[/b] by the applicant may be imposed by any licensing authority as a condition[/b] of the application for a license.
Question:[/b] Does the licensing authority have the right to require the expenditure of funds to purchase the 15 rounds of ammunition required to qualify or demonstrate proficiency with a firearm as part of the application for a license?[/b]