BILL NUMBER: AB 811	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 17, 2011

   An act to amend Section 28235 of, and to add Article 6.1
(commencing with Section 27970) to, Chapter 4 of Division 6 of, Title
4 of Part 6 of, the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 811, as introduced, Hall. Firearms: Private Patrol Operators:
registration and assignment.
   Existing law generally regulates the ownership and transfer of
firearms, but does not authorize business entities to own or register
firearms.
   This bill would establish procedures allowing Private Patrol
Operators to own firearms and to assign those firearms to employees
of the Private Patrol Operator who are licensed security officers.
The bill would state findings and declarations of the Legislature,
and the intent of the Legislature in connection with these
procedures. The bill would direct the Department of Justice to modify
and create forms, and charge reasonable fees for the filing and
processing of those forms and for enforcement of these provisions.
The bill would require security officers, within 48 hours of the
Private Patrol Operator's request, for any reason, or upon separation
of employment or revocation of the security officer's firearm
qualification card, to return the firearm to the Private Patrol
Operator. Failure to comply with the 48-hour return requirement would
be a misdemeanor.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The bill would make other conforming changes.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Article 6.1 (commencing with Section 27970) is added to
Chapter 4 of Division 6 of Title 4 of Part 6 of the Penal Code, to
read:

      Article 6.1.  Ownership, Registration, and Assignment of
Firearms by Private Patrol Operators


   27970.  (a) (1) The Legislature finds and declares that current
practices and statutes authorize the purchase, registration, and
ownership of firearms by individuals, but not by business entities.
   (2) It is the intent of the Legislature in enacting this chapter
to allow business ownership and registration of firearms in the case
of Private Patrol Operators. It is further the intent of the
Legislature to establish procedures whereby a Private Patrol Operator
may assign firearms it owns to its employees and that the assignment
of a firearm by a Private Patrol Operator to an employee shall not
constitute a loan, sale, or transfer of a firearm.
   (b) For purposes of this article, the following definitions shall
apply:
   (1) "Department" means the Department of Justice.
    (2) "Private Patrol Operator" or "PPO" means a Private Patrol
Operator licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code.
   27975.  (a) The department shall modify the Dealers' Record of
Sale (DROS) form to allow a PPO to be listed as the purchaser and
owner of a firearm. The form shall also identify the status of the
PPO as a sole proprietorship, partnership, or corporate entity, and
include any tax identification number or other identifying number
that may be required by the department.
   (b) The department shall also modify the DROS form to allow the
PPO to designate a "firearms custodian" for the PPO. The firearms
custodian shall possess a valid firearm qualification card issued by
the Department of Consumer Affairs.
   (c) The PPO shall, on a separate form, and in a manner prescribed
by the department, identify the person who is designated by the PPO
as the firearms custodian for the PPO. If a firearms custodian ceases
to be employed by the PPO, or otherwise becomes ineligible to be the
firearms custodian, the PPO shall inform the department of that
fact, in a manner prescribed by the department, and the PPO shall
have 30 days to designate a replacement firearms custodian.
   (d) (1) The department shall prescribe a "Certificate of
Assignment" or "COA." The COA shall contain the same fields as the
DROS form, and shall be used to identify the employee of the PPO who
has been assigned a firearm by the PPO.
   (2) Upon the PPO assigning a firearm to an employee who is a
security officer licensed pursuant to Chapter 11.5 (commencing with
Section 7580) of Division 3 of the Business and Professions Code, the
licensed security officer shall complete the COA, and the PPO shall
file the COA with the department.
   27980.  The department shall charge a fee not to exceed the
reasonable costs to the department for filing and processing a form
identifying the firearms custodian of the PPO, for filing and
processing a COA, and for costs incurred in enforcing the provisions
of this article, including, but not limited to, processing forms
required by this article, and entering information obtained pursuant
to this article into the department's Automated Firearms System and
other databases as deemed necessary by the department. The fees shall
be deposited in the Dealers' Record of Sale Special Account.
   27985.  No PPO may assign a firearm pursuant to this article if
there is no designated firearms custodian for the PPO. If the PPO
ceases to do business, or ceases as a business entity, the firearms
custodian and the PPO shall, within 30 days and unless otherwise
prohibited by law, complete new DROS forms for all PPO-owned firearms
and transfer those firearms to a new owner. The firearms custodian
shall be responsible at all times for the possession of all firearms
listed as owned by the PPO, including after the PPO ceases to do
business or ceases as a business entity, until the firearms are
transferred to a new owner pursuant to this section. If the PPO
refuses or otherwise fails to complete new DROS forms, the firearms
custodian shall submit the new form on behalf of the PPO.
   27990.  Notwithstanding any other provision of law, an assignment
of a firearm pursuant to this article shall not constitute a loan,
sale, or transfer of a firearm.
   27995.  (a) Within 48 hours of the PPO's request, for any reason,
or upon separation of employment or revocation of the firearm
qualification card, the security officer shall return the firearm to
the PPO.
   (b) A violation of subdivision (a) is a misdemeanor.
  SEC. 2.  Section 28235 of the Penal Code is amended to read:
   28235.  All money received by the department pursuant to this
article shall be deposited in the Dealers' Record of Sale Special
Account of the General Fund, which is hereby created, to be
available, upon appropriation by the Legislature, for expenditure by
the department to offset the costs incurred pursuant to any of the
following:
   (a) This article.
   (b) Section 18910.
   (c) Section 27555.
   (d) Subdivisions (d) and (e) of Section 27560.
   (e)  Article 6.1   (commencing with Section 27970) of
Chapter 4. 
    (f)    Article 6 (commencing with Section
28450). 
   (f) 
    (g)    Section 31110. 
   (g) 
    (h)    Section 31115. 
   (h) 
    (i)    Subdivision (a) of Section 32020.

   (i) 
    (j)    Section 32670. 
   (j) 
    (k)    Section 33320.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.