BILL NUMBER: AB 1129	CHAPTERED
	BILL TEXT

	CHAPTER  138
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 24, 2009
	PASSED THE ASSEMBLY  JULY 6, 2009
	AMENDED IN SENATE  JUNE 8, 2009

INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members DeVore and Harkey)

                        FEBRUARY 27, 2009

   An act to amend Section 12027.1 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1129, Hagman. Firearms: concealed firearms.
   Existing law provides for the revocation for good cause of an
identification certificate or an endorsement on the certificate
authorizing a retired peace officer to carry a concealed and loaded
firearm, as determined in a hearing, as specified.
   This bill would provide a procedure for the temporary revocation
of an identification certificate or an endorsement on the certificate
authorizing a retired peace officer to carry a concealed and loaded
firearm for conduct that compromises public safety. The bill also
provides a hearing process to determine if the temporary revocation
should be made permanent. The bill further provides for the waiver of
the right to a revocation hearing and for the surrender of the
identification certificate, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12027.1 of the Penal Code is amended to read:
   12027.1.  (a) (1) (A) (i) Any peace officer employed by an agency
and listed in Section 830.1 or 830.2 or subdivision (c) of Section
830.5 who retired after January 1, 1981, shall have an endorsement on
the identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
   (ii) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in paragraph (2) of
subdivision (a) of Section 12027.
   (iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
   (B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be permanently revoked or denied by the issuing agency only upon
a showing of good cause. Good cause shall be determined at a hearing,
as specified in subdivision (d).
   (C) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be immediately and temporarily revoked by the issuing agency when
the conduct of a retired peace officer compromises public safety.
Notice of this temporary revocation shall be effective upon personal
service or upon receipt of the notice that was sent by first-class
mail, postage prepaid, return receipt requested, to the retiree's
last known place of residence. The retiree shall have 15 days to
respond to the notification and request a hearing to determine if the
temporary revocation should become permanent. A retired peace
officer who fails to respond to the notice of hearing within the
15-day period shall forfeit his or her right to a hearing and the
authority of the officer to carry a firearm shall be permanently
revoked. The retired officer shall immediately return the
identification certificate to the issuing agency. If a hearing is
requested, good cause for permanent revocation shall be determined at
the hearing, as specified in subdivision (d). The hearing shall be
held no later than 120 days after the request by the retired officer
for a hearing is received. The retiree may waive his or her right to
a hearing and immediately return the identification to the issuing
agency.
   (2) A retired peace officer may have his or her privilege to carry
a concealed and loaded firearm revoked or denied by violating any
departmental rule, or state or federal law that, if violated by an
officer on active duty, would result in that officer's arrest,
suspension, or removal from the agency.
   (b) (1) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be
permanently revoked or denied by the issuing agency only upon a
showing of good cause. Good cause shall be determined at a hearing,
as specified in subdivision (d).
   (2) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be permanently
revoked only after a hearing, as specified in subdivision (d). Any
retired peace officer whose identification certificate authorizing
the officer to carry a concealed and loaded firearm or an endorsement
is to be revoked shall have 15 days to respond to the notice of the
hearing. Notice of the hearing shall be served either personally on
the retiree or sent by first-class mail, postage prepaid, return
receipt requested to the retiree's last known place of residence.
From the date the retiree signs for the notice or upon the date the
notice is served personally on the retiree, the retiree shall have 15
days to respond to the notification. A retired peace officer who
fails to respond to the notice of the hearing shall forfeit his or
her right to a hearing and the authority of the officer to carry a
firearm shall be permanently revoked. The retired officer shall
immediately return the identification certificate to the issuing
agency. If a hearing is requested, good cause for permanent
revocation shall be determined at the hearing, as specified in
subdivision (d). The hearing shall be held no later than 120 days
after the request by the retired officer for a hearing is received.
The retiree may waive his or her right to a hearing and immediately
return the identification certificate to the issuing agency.
   (3) Issuance of an identification certificate authorizing the
officer to carry a concealed and loaded firearm or an endorsement may
be denied prior to a hearing. If a hearing is not conducted prior to
the denial of an endorsement, a retired peace officer, within 15
days of the denial, shall have the right to request a hearing. A
retired peace officer who fails to request a hearing pursuant to this
paragraph shall forfeit his or her right to the hearing.
   (c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed and loaded firearm, after
the hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate. The issuing agency shall reissue a new identification
certificate without an endorsement. However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
retirement a peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5, the issuing agency shall stamp on
the identification certificate "No CCW privilege."
   (d) Any hearing conducted under this section shall be held before
a three-member hearing board. One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization. The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
   Any decision by the board shall be binding on the agency and the
retired peace officer.
   (e) No peace officer who is retired after January 1, 1989, because
of a psychological disability shall be issued an endorsement to
carry a concealed and loaded firearm pursuant to this section.