BILL ANALYSIS Ó
AB 829
Page 1
Date of Hearing: January 10, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 829 (Knight) - As Amended: January 4, 2012
FOR VOTE ONLY
SUMMARY : Specifies that "honorably retired" peace officer
includes any peace officer who has met his or her department's
years of service requirement, and has accepted a separation of
service or disability retirement. Additionally, this bill
specifies that a retired Level I reserve peace officer is
entitled to an endorsement for a concealed weapons (CCW) permit
if he or she carried a firearm during the course and scope of
his or her employment and an aggregate a minimum amount of time
specified by the retiree's agency's policy. This policy may not
set an aggregate term that is less than 10 years, or more than
20 years.
EXISTING LAW :
1)Provides that any peace officer described in this section who
has been honorably retired shall be issued an identification
certificate by the law enforcement agency from which the
officer has retired. Defines the term "honorably retired" as
all peace officers who have qualified for, and accepted, a
service or disability retirement. States that the term
"honorably retired" does not include an officer who has agreed
to a service retirement in lieu of termination. ĘPenal Code
Section 12027(a)(1)(A).]
2)States that any peace officer employed by an agency listed in
Penal Code Section 830.1 or 830.2, or in Penal Code 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 weapon. ĘPenal
Code Section 12027.1(a)(1)(B).]
3)Provides a county sheriff or municipal police chief may issue
AB 829
Page 2
a license to carry concealed a pistol, revolver, or firearm
capable of being concealed upon the person upon proof that:
a) The person applying is of good moral character ĘPenal
Code Section 12050(a)(1)(A)];
b) Good cause exists for the issuance ĘPenal Code Section
12050(a)(1)(A)];
c) The person applying meets the appropriate residency
requirements ĘPenal Code Section 12050(a)(1)(D)]; and,
d) The person has completed the appropriate training course
ĘPenal Code Section 12050(E)].
4)Provides that the license may either:
a) Allow the person to carry a concealed firearm on his or
her person ĘPenal Code Section 12050(a)(1)]; or,
b) Allow the person to carry a loaded and exposed firearm
in a county whose population is less than 200,000 persons
according to the most recent federal decennial census.
ĘPenal Code Section 12050(a)(1).]
5)Provides that a CCW license is valid for up to two years,
three years for judicial officers, or four years in the case
of a reserve or auxiliary peace officer. ĘPenal Code Section
12050(a)(2).]
6)Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted, which shall be listed on the license. ĘPenal Code
Section 12050(b) and (c).]
7)Provides that the fingerprints of each applicant are taken and
submitted to the Department of Justice. Provides criminal
penalties for knowingly filing a false application for a
concealed weapon license. ĘPenal Code Section 12051(b).]
8)Provides that a person may lawfully possess a loaded firearm
in his or her place of business or residence. ĘPenal Code
Section 12031(h)(l).]
9)Makes it generally unlawful to carry a concealed handgun or a
AB 829
Page 3
loaded firearm in public and in vehicles. (Penal Code
Sections 12025 and 12031.)
10)Defines a "Level I reserve peace officer" as a reserve
officer deputized or appointed pursuant to specified sections
and assigned to the prevention and detection of crime and the
general enforcement of the laws of California, whether or not
working alone, and the person has completed the basic training
course for deputy sheriffs and police officers prescribed by
the Commission on Peace Officer Standards and Training.
ĘPenal Code Section 832.6(a)(1).]
11)States that the authority of a reserve peace officer extends
only for the duration of the person's specific assignment.
ĘPenal Code Section 830.6(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Reserve
officers should receive the same protections upon retirement
as those granted to full-time officers. While off-duty or in
retirement, peace officers encounter individuals that may
cause them harm because of former arrests when on duty.
Additionally, reserve officers tend to retire into the
community that they policed."
2)CCW Permits and Reserve Officers : This bill requires law
enforcement agencies to provide a CCW endorsement on the
identification of a Level I reserve officer stating that the
issuing agency approve the officer's carrying of a concealed
weapon if that officer carried a firearm during the course and
scope of his or her appointment, and he or she has served the
minimum service time set by the agency, which must by more
than 10 years, but less than 20 years. Level I reserve peace
officers have similar duties and training as a non-reserve
peace officer and are authorized to work without immediate
supervision.
3)Previous Legislation :
a) AB 2053 (Miller), of the 2008-09 Legislative Session,
would have defined "good cause" for the issuance of a
concealed weapons (CCW) license to carry a handgun to
AB 829
Page 4
include, but not limited to, self-defense, defending the
life of another, or preventing crime in which human life is
threatened. AB 2053 failed passage in this Committee.
b) AB 357 (Knight), of the 2008-09 Legislative Session,
would have deleted the "good cause" requirement and allowed
the issuance of a license to carry a concealed firearm to
any person who is of good moral character. AB 357 failed
passage in this Committee.
c) AB 462 (Haynes), of the 2003-04 Legislative Session,
would have mandated a finding of good cause to issue a CCW
permit when the individual applying has been a victim of
domestic violence or a hate crime. AB 462 failed passage
in this Committee.
d) SB 1283 (Haynes), of the 2001-02 Legislative Session,
would have provided that "good cause" is conclusively
established for the issuance of a license to carry a
concealed firearm if the applicant is a victim of domestic
violence or hate crime. SB 1283 failed passage in the
Senate Public Safety Committee.
e) AB 1369 (Oller), of the 1997-98 Legislative Session,
would have eliminated the discretion of a county sheriff or
police chief to deny a permit to carry a concealed firearm
to any person who is not otherwise prohibited. AB 1369
failed passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California Correctional Supervisors Organization
California Narcotic Officers' Association
California Police Chiefs Association
California Probation Parole and Correctional Association
California Reserve Peace Officers Association
Gun Owners of California
Riverside Sheriffs' Association
Opposition
Friends Committee on Legislation of California
AB 829
Page 5
Legal Community Against Gun Violence
Rainbow Services, Ltd.
Violence Prevention Coalition of Greater Los Angeles
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744