BILL ANALYSIS Ó
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|Hearing Date:June 11, 2012 |Bill No:AB |
| |1821 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1821Author:Hall
As Introduced: February 21, 2012 Fiscal: Yes
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' approval and valid picture
identification.
Existing law:
1)Provides for the licensing and regulation of private patrol
operators and the registration and regulation of security guards by
the Bureau of Security and Investigative Services (Bureau) within
the Department of Consumer Affairs (DCA).
2)Defines a private patrol operator (PPO) as a person who, for any
consideration, furnishes a watchman, guard, patrol person or
other person to protect persons or property. (Business and
Professions Code (BPC) § 7582.1 (a))
3)Defines a security guard or security officer as an employee of a
PPO whose job duties include protecting persons or property.
(BPC § 7582.1 (e))
4)Prohibits a security guard (employee) or PPO from carrying or using
a firearm unless he or she has in her possession a valid
registration card and a valid firearm qualification card issued by
the Bureau. (BPC § 7583.3 and § 7583.12)
This bill:
AB 1821
Page 2
1)Authorizes a security guard or patrol person 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.
FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis dated
April 25, 2012, there are no significant costs associated with this
legislation.
COMMENTS:
1.Purpose. 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 check by
the Bureau, the Bureau approves issuance of a firearms qualification
card, but it can take up to six 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 qualification card.
The Author states that 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.
The Author further indicates that this bill will additionally allow
security guards who have had their firearm qualification card stolen
or lost to continue working while a new card is being issued.
AB 1821
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2.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 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 will authorize 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 and an
appropriate fee which may be charged.
3.Previous Related Legislation. AB 2128 (Gaines, 2010) required a
private patrol operator employing any security guard to maintain an
insurance policy with minimum limits of one million dollars
($1,000,000) for loss due to bodily injury and death, and one
million dollars ($1,000,000) for loss due to injury or destruction
of property. This bill was vetoed by the Governor.
SB 741 (Maldonado, Chapter 361, Statutes of 2009) required both
proprietary private security officers (PPSOs) and proprietary
private security employers to register with the Bureau and
established training and enforcement provisions.
SB 666 (Maldonado, Chapter 721, Statutes of 2007) required PPSOs to
complete security officer skills training as they begin their
employment and to undergo an annual review of this training. SB 666
also required the Bureau to establish a training curriculum by
regulation, with the assistance of an advisory committee. However,
the bill did not grant the Bureau the authority to issue
administrative citations to PPSOs or to their employers when they do
not comply with training requirements. When the Governor signed SB
666, he issued the following signing message:
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"I am signing Senate Bill 666 because it would require
proprietary private security officers to complete security
officer skills training and require the Bureau? to develop a
curriculum for this training with the assistance of an
advisory committee. However, I am signing this bill with the
expectation that the Legislature will provide the Bureau the
legal authority to enforce these requirements."
4.Arguments in Support. The sponsor of this bill, the California
Association of Licensed Security Agencies, Guards & Associates ,
writes in support and states:
"Under the Private Security Services Act, the registration and
regulation of private security personnel is handled by the
Bureau of Security and Investigative Services. 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."
AB 1821
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AB 1821
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SUPPORT AND OPPOSITION:
Support:
California Association of Licensed Security Agencies, Guards &
Associates (Sponsor)
California Association of Licensed Investigators
California Peace Officers Association
California Police Chiefs Association, Inc.
Opposition: None on file as of June 4, 2012.
Consultant:Bill Gage