BILL ANALYSIS
AB 1129
Page 1
Date of Hearing: May 12, 2009
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1129 (Hagman) - As Introduced: February 27, 2009
SUMMARY : Creates 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. Specifically, this bill :
1)Provides that 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. The retiree may waive his or her right to a hearing
and immediately return the identification to the issuing
agency.
2)States that an identification certificate authorizing an
officer to carry a concealed and loaded firearm or an
endorsement may be permanently revoked or denied by the
issuing agency upon a showing of good cause.
3)Allows any retired peace officer whose identification
certificate authorizing the officer to carry a concealed and
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loaded firearm or an endorsement is to be revoked to 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. The retiree may waive his
or her right to a hearing and immediately return the
identification certificate to the issuing agency.
EXISTING LAW :
1)Allows any peace officer, whether active or honorably retired,
other duly appointed peace officers, honorably retired peace
officers, other honorably retired peace officers who during
the course and scope of their employment as peace officers
were authorized to, and did, carry firearms, full-time paid
peace officers of other states and the federal government who
are carrying out official duties while in California, or any
person summoned by any of these officers to assist in making
arrests or preserving the peace while he or she is actually
engaged in assisting that officer to carry a concealed
firearm. Any peace officer described in this paragraph who
has been honorably retired shall be issued an identification
certificate by the law enforcement agency from which the
officer has retired. The issuing agency may charge a fee
necessary to cover any reasonable expenses incurred by the
agency in issuing certificates pursuant to this subdivision.
The term "honorably retired" includes all peace officers who
have qualified for, and have accepted, a service or disability
retirement. The term "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination. [Penal Code Section 12027(a)(1)(A).]
2)Allows any peace officer employed by an agency who retired
after January 1, 1981 to have an endorsement on the
identification certificate stating that the issuing agency
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approves the officer's carrying of a concealed and loaded
firearm. [Penal Code Section 12027.1(a)(1)(A)(i).]
3)Provides that an identification certificate authorizing the
retired officer to carry a concealed and loaded firearm or an
endorsement on the certificate may be revoked or denied by the
issuing agency only upon a showing of good cause. Good cause
shall be determined at a hearing. [Penal Code Section
12027.1(a)(1)(B).]
4)Permits a retired peace officer to 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.
[Penal Code Section 12027.1(a)(2).]
5)Permits the issuance of an identification certificate
authorizing the officer to carry a concealed and loaded
firearm or an endorsement to 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.
[Penal Code Section 12027.1(b)(3).]
6)Provides that when a retired peace officer is 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 was listed under specified sections
of existing law, the issuing agency shall stamp on the
identification certificate "No CCW privilege." [Penal Code
Section 12027.1(c).]
7)Requires hearings conducted under this section to 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
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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. [Penal Code Section 12027.1(d).]
8)Prohibits peace officers who retired after January 1, 1989
because of a psychological disability to be issued an
endorsement to carry a concealed and loaded firearm pursuant
to this section. [Penal Code Section 12027.1(e).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "Though the
incidents are infrequent, it is in the best interest of
everyone involved to have a clear set of guidelines. The
ambiguity when it comes to fire arms [sic] can lead to costly
litigation or continued danger to the public."
2)Background : According to information provided by the author,
"There has been no previous statutory language proscribing
authority to local law enforcement to temporarily revoke an
identification certificate or an endorsement on the
certificate authorizing a retired peace officer to carry a
concealed and loaded firearm for conduct that comprises public
safety."
3)Argument in Support : According to the Alameda County
Sheriff-Coroner , Amador County Sheriff , California State
Sheriffs' Association ; Contra Costa County Sheriff , Del Norte
County Sheriff , El Dorado County Sheriff , Fresno County
Sheriff , Mariposa County Sheriff , Santa Barbara County
Sheriff-Coroner , Santa Cruz Sheriff-Coroner , Shasta County
Sheriff-Coroner , Tuolumne County Undersheriff , and Ventura
County Sheriff , "Current law provides for the revocation for
good cause of an identification certificate authorizing a
retired peace officer to carry a concealed and loaded firearm,
but does not statutorily authorize a public agency to
temporarily revoke the certificate. Additionally, current law
sets forth the revocation hearing process, but the language is
unclear in terms of denying the initial issuance of a CCW
prior to a hearing, notice of the hearing, and waiving the
hearing.
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"AB 1129 would provide a procedure for the temporary revocation
of 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 and further provides for the waiver of the
right to a revocation hearing and for the surrender of the
identification certificate."
4)Prior Legislation : AB 141 (Murray), Chapter 428, Statutes of
1993, permits all honorably retired peace officers to carry
firearms concealed and loaded if, during the course of their
employment, they were authorized to carry firearms. Such
individuals include San Francisco Bay Area Rapid Transit
police, school district police, Los Angeles Housing Authority
and the Los Angeles Airport officers, and community college
police. AB 141 also provides that these officers shall be
credentialed for identification and firearms, and subject to
the same terms and conditions of the privilege, as full
officers retired after January 1, 1981. AB 141 additionally
provides for all retired officers full notice and hearing for
any denial or revocation of identification and credentials,
and would require that the identification of pre-1981 retirees
losing their firearm privileges be so stamped. For purposes
of clarification, AB 141 also specifies that individuals
retired because of psychological disability shall not be
authorized to carry loaded firearms.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Sheriff-Coroner
Amador County Sheriff
California State Sheriffs' Association
Contra Costa County Sheriff
Del Norte County Sheriff
El Dorado County Sheriff
Fresno County Sheriff
Legal Community Against Violence
Mariposa County Sheriff
San Bernardino County Sheriff-Coroner
Santa Barbara County Sheriff-Coroner
Santa Cruz Sheriff-Coroner
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Shasta County Sheriff-Coroner
Tuolumne County Undersheriff
Ventura County Sheriff
Opposition
None
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744