BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1821|
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THIRD READING
Bill No: AB 1821
Author: Hall (D)
Amended: As introduced
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 9-0,
6/11/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Strickland, Vargas, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-0, 5/03/12 (Consent) - See last page
for vote
SUBJECT : Security personnel: firearm qualification
cards
SOURCE : California Association of Licensed Security
Agencies,
Guards and Associates
DIGEST : This bill 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.
ANALYSIS : Existing law:
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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.
3.Defines a security guard or security officer as an
employee of a PPO whose job duties include protecting
persons or property.
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.
This bill:
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.
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
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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.
Prior Legislation
AB 2128 (Gaines), 2010, required a private patrol operator
employing any security guard to maintain an insurance
policy with minimum limits of $1 million for loss due to
bodily injury and death, and $1 million for loss due to
injury or destruction of property. The 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
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comply with training requirements. When the Governor
signed SB 666, he issued the following signing message:
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/25/12)
California Association of Licensed Security Agencies,
Guards and
Associates (source)
California Association of Licensed Investigators
California Peace Officers Association
California Police Chiefs Association, Inc.
ARGUMENTS IN SUPPORT : The California Association of
Licensed Security Agencies, Guards and Associates 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.
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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.
ASSEMBLY FLOOR : 72-0, 5/3/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman,
Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Yamada, John A.
Pérez
NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger
Hernández, Jones, Smyth, Williams
JJA:n 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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