BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 703
                                                                  Page  1

          Date of Hearing:   April 30, 2013
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      AB 703 (Hall) - As Amended:  April 2, 2013
                       As Proposed to be Amended in Committee


           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 he or she served in the aggregate  
          the minimum amount of time specified by the retiree's agency's  
          policy.  This policy may not set an aggregate term requirement  
          that is less than 10 years or more than 20 years.  

           EXISTING LAW  :

          1)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 officer's identification certificate stating that the  
            issuing agency approves the officer's carrying of a concealed  
            weapon.  [Penal Code Section 26300(b).]

          2)Provides that any peace officer who was authorized to, and did  
            carry a firearm during the course and scope of employment as a  
            peace officer, shall have an endorsement on the officer's  
            identification certificate stating that the issuing agency  
            approves the officer's carrying of a concealed weapon.  [Penal  
            Code Section 26300(c).] 

          3)Defines "honorably retired" to include any peace officer, who  
            has qualified for, and has accepted, a service or disability  
            retirement.  As used in these provisions, "honorably retired"  
            does not include a peace officer who has agreed to a service  
            retirement in lieu of termination.  (Penal Code Section  
            16690.)








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          4)Provides that any peace officer, as specified, who has been  
            honorably retired shall be issued an identification  
            certificate by the law enforcement agency from which the  
            officer retired.  The issuing agency may charge a fee  
            necessary to cover any reasonable expenses incurred in issuing  
            the certificate.  [Penal Code Sections 25455(a) and (b).]

          5)Provides a county sheriff or municipal police chief may issue  
            a license to carry a handgun capable of being concealed upon  
            the person upon proof of all of the following.

             a)   The person applying is of good moral character [Penal  
               Code Sections 26150 and 26155(a)(1)];

             b)   Good cause exists for the issuance [Penal Code Sections  
               26150 and 26155(a)(2)];

             c)   The person applying meets the appropriate residency  
               requirements [Penal Code Sections 26150 and 26155(a)(3)];  
               and,

             d)   The person has completed the appropriate training  
               course, as specified.  [Penal Code Sections 26150 and  
               26155(a)(4).]

          6)States that a county sheriff or a chief of a municipal police  
            department may issue a license to carry a concealed handgun in  
            either of the following formats:

             a)   A license to carry a concealed handgun upon his or her  
               person [Penal Code Sections 26150 and 26155(b)(1)]; or,

             b)   A license to carry a loaded and exposed handgun if the  
               population of the county, or the county in which the city  
               is located, is less than 200,000 persons according to the  
               most recent federal decennial census.  [Penal Code Sections  
               26150 and 26155(b)(2).]

          7)Provides that a chief of a municipal police department shall  
            not be precluded from entering into an agreement with the  
            sheriff of the county in which the city is located for the  
            sheriff to process all applications for licenses, or renewal  
            of licenses, to carry a concealed handgun upon the person.   
            [Penal Code Section 26155(b)(3).]








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          8)Provides that a license to carry a concealed handgun 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.  (Penal Code Section 26220.)

          9)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.   
            [Penal Code Section 832.6(a)(1).]

          10)States that the authority of a reserve peace officer extends  
            only for the duration of the person's specific assignment.   
            [Penal Code Section 830.6(a).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  .  According to the author, "  Author's  
            Statement  :  According to the author, "Whether off duty or in  
            retirement, peace officers may come into contact with former  
            arrestees, placing themselves and their loved ones in  
            potential harm.  As a result, most peace officers receive a  
            Concealed Carry Weapons (CCW) Endorsement which allows them to  
            carry a concealed weapon for their protection.  

          "Even though they face many of the same dangers associated with  
            a career in law enforcement, Level I retired reserve peace  
            officers are not afforded the same post employment protections  
            necessary to ensure their personal safety."

           2)Argument in Support  :  The  California Correctional Peace  
            Officers Association  argues, "I am writing to inform you of  
            our support for AB 703 which would extend to additional public  
            safety agencies the ability to issue and revoke specified  
            forms of identification upon retirement from service with the  
            agency.  Among those agencies proposed to be added to these  
            provisions is the California Department of Corrections and  
            Rehabilitation (CSDCR)."









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           3)Argument in Opposition  :  The  Law Center to Prevent Gun  
            Violence  states, "AB 703 would broadly concealed carrying  for  
            retired Level I and Level II reserve officers, even though  
            both levels are subject to different training requirements and  
            are entrusted with different levels of responsibility.  Most  
            significantly, unlike Level I officers, Level Ii officers must  
            be under the immediate supervision of a peace officer when  
            engaged in general law enforcement duties.  Under AB 703,  
            Level II reserve officers would, upon retirement,  
            automatically be allowed to carry concealed weapons without  
            any supervision, even though their carrying of firearms during  
            service occurred only under immediate supervision.

          "Like any other Californian, a retired Level II reserve officer  
            may officer may currently apply to local law enforcement for a  
            license to carry a concealed weapon, and may acquire a license  
            if he or she is, among other requirements, able to demonstrate  
            good cause, meaning a particularized, justifiable need to  
            carry a concealed firearm.  The good cause requirement serves  
            as an important gatekeeper to prevent the issuance of  
            concealed carry licenses to individuals who have no reason to  
            carry a weapon in public.  To the extent that any retired  
            Level II officer has a legitimate need to carry a concealed  
            handgun, he or she should be required to continue to meet this  
            threshold showing.

          "Broad expansions to the laws governing the carrying of  
            concealed weapons in public places do not improve public  
            safety; rather, they weaken it.  While carrying a concealed  
            handgun might make the firearm holder feel safer, it places  
            the public at an increased risk of gun violence.  Given these  
            risks, concealed carry licenses should only be issued  
            following a showing of a legitimate, demonstrable need."

           4)Prior Legislation  :  AB 829 (Knight), of the 2011-12  
            Legislative Session, was identical this bill in that AB 829  
            authorized reserve peace officers to carry concealed weapons  
            upon retirement or separation from service.  AB 829 failed  
            passage in this Committee, was granted reconsideration and  
            failed passage a second time.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          California Correctional Peace Officers Association
          Peace Officers Research Association of California
          San Bernardino County Sheriff's Department 

           Opposition 
           
          Law Center to Prevent Gun Violence
           
          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744