BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date:June 11, 2012 |Bill No:AB | | |1821 | ----------------------------------------------------------------------- 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 Page 3 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: AB 1821 Page 4 "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 Page 5 AB 1821 Page 6 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