BILL ANALYSIS Ó
AB 1821
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1821 (Hall) - As Introduced: February 21, 2012
SUBJECT : Security personnel: firearm qualification cards.
SUMMARY : Authorizes a security guard or patrolperson to carry
and use a firearm pending receipt of a permanent or replacement
firearm qualification card if he or she carries a hard copy of
the Bureau of Security and Investigative Services' (Bureau)
approval and valid picture identification. Specifically, this
bill :
1)Authorizes a security guard or patrolperson to carry or use a
firearm pending receipt of a firearm qualification card if he
or she has been approved by the Bureau and carries on his or
her person a hardcopy printout of the Bureau's approval from
the Bureau's Internet Web site and valid picture
identification.
2)Authorizes a cardholder to apply to the Bureau for a certified
replacement card, stating the circumstances surrounding the
loss and paying a $10 certification fee, in the event of the
loss or destruction of the firearm qualification card.
3)Specifies that these provisions do not apply to a duly
appointed peace officer, as specified.
EXISTING LAW :
1)Provides for the registration and regulation of private
security personnel by the Bureau under the Private Security
Services Act.
2)Prohibits a security guard or patrolperson from carrying or
using a firearm unless he or she has a valid registration card
and a valid firearm qualification card issued by the Bureau.
3)Authorizes a security guard or patrolperson to perform his or
her duties pending receipt of a permanent or replacement
registration card as long as he or she carries a hard copy
printout of the Bureau's approval form from the Bureau's
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Internet Web site and a valid picture identification.
4)Authorizes the Bureau to charge a $10 certification fee to
provide a replacement certification card.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "The Bureau
authorizes individuals to work as unarmed security guards.
Additionally, some security guards need to carry a firearm in
the performance of their job duties and these individuals apply
to the Bureau to carry such firearms. Once security guards have
undergone a background by the Bureau, the Bureau approves
issuance of a Firearms Card but it can take up to 6 weeks for
the security guard to receive the firearms qualification card in
the mail. Therefore, even though the security guard has been
cleared by the Bureau to carry a firearm, the security guard
cannot work in an armed capacity until he/she receives the
firearm card.
"This bill would allow the Bureau to post a firearm clearance on
its website allowing a security guard to carry a firearm
immediately; the security guard would no longer need to wait up
to six weeks to carry a firearm. Firearm cleared security
guards must carry on his/her person the Bureau issued clearance
to carry a firearm and valid state issued guard card. This
practice is already allowed by law and followed by the Bureau
and licensed security guards for their basic 'Guard Card' and
this legislation would merely extend this practice to firearm
qualification authorizations."
Background . The Bureau licenses and has jurisdiction over
private patrol operators and security guards, proprietary
private security employers and officers, private investigators,
alarm companies, alarm company employees, locksmith companies,
locksmith employees, and repossession companies and their
employees. The Bureau also has jurisdiction over firearm and
baton training facilities as well as their instructors.
To apply for a firearms permit an applicant must: take a 14-hour
course in the carrying and use of firearms given by a firearms
training instructor certified by the Department of Consumer
Affairs; pass the written and range exams given at the end of
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the course; submit an application with appropriate fees; be a
United States citizen or have permanent legal alien status;
undergo a criminal history review; and, be at least 18 years of
age.
This bill authorizes a security guard or patrolperson to carry
or use a firearm pending receipt of a firearm qualification card
if he or she has been approved by the Bureau and carries on his
or her person a hardcopy printout of the Bureau's approval and
valid picture identification. This bill also establishes a
process for reissuing a replacement firearm qualification card.
Support . The sponsor of this bill, the California Association
of Licensed Security Agencies, Guards & Associates, writes in
support, "Under the Act, the registration and regulation of
private security personnel is handled by the Bureau. Presently,
a security guard must possess a valid registration card and
firearm qualification card to carry or use a firearm on duty.
If the registration card is lost or in the process of being
issued, the guard may still perform security duties provided he
or she carries a valid picture identification (ID) and a form
issued by the Bureau authorizing the guard to work security.
However, if the firearm qualification card is lost or in the
process of being issued, that same security guard in possession
of a registration card cannot carry or use a firearm on duty
until the firearm qualification card arrives. Meanwhile, the
safety of the unarmed security guard is severely jeopardized.
"AB 1821 would amend 7583.12 of the Business and Professions
Code to allow a licensed, private security guard on duty to
carry or use a firearm pending receipt of a replacement or
permanent firearm qualification card provided he or she carries
a valid picture ID and the approval form issued by the Bureau.
The bill would also authorize the Bureau to charge a $10
certification fee to provide a replacement firearm qualification
card.
"By allowing on-duty private security guards whom the Bureau has
already approved to carry or use firearms to do so while waiting
for a replacement or permanent firearm qualification card to
arrive, this bill would remove a significant impediment to the
safety of private security personnel engaged in the inherently
dangerous occupation of protecting life, limb, and property."
REGISTERED SUPPORT / OPPOSITION :
AB 1821
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Support
California Association of Licensed Security Agencies, Guards &
Associates (sponsor)
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301