BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1456
          Author:   Nielsen (R)
          Amended:  5/6/14
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/29/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De León


           SUBJECT  :    Firearms:  Assault weapons and .50 BMG rifles:   
          exemptions

           SOURCE  :     CALFIRE Local 2881


           DIGEST  :    This bill authorizes the California Department of  
          Forestry and Fire Protection (CALFIRE) to issue an assault  
          weapon or a .50 BMG rifle to a peace officer employed by CALFIRE  
          for use in performing the officer's duties, as specified.

           ANALYSIS  :    Existing law:

          1.Exempts the Department of Justice (DOJ), police departments,  
            sheriffs' offices, marshals' offices, the Department of  
            Corrections and Rehabilitation, the Department of Highway  
            Patrol, district attorneys' offices, the Department of Fish  
            and Game, the Department of Parks and Recreation, or the  
            military or naval forces of this state or of the United  
            States, from the prohibition against sales to, purchase by,  
            importation of, or possession of assault weapons or .50 BMG  
            rifles.  (Penal Code Section 30625)
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          2.Allows the peace officers employed by the agencies listed in  
            Penal Code Section 30625 to possess or use assault weapons for  
            law enforcement purposes, whether on or off duty. 

          This bill:

          1.Authorizes CALFIRE to purchase assault weapons or .50 BMG  
            rifle, as specified.

          2.Authorizes CALFIRE to issue law enforcement officers within  
            their department assault weapons or .50 BMG rifles, if CALFIRE  
            determines that an assault weapon is necessary for the officer  
            to perform his/her duties.

          3.Allows CALFIRE to use assault weapons or .50 BMG rifle only  
            during the course and scope of their employment.

           Comments
           
          According to the author, "Currently, CAL FIRE officers are  
          tasked with a wide variety of responsibilities and duties,  
          partly due to the fact that they are sworn Peace Officers of the  
          State of California and may be requested to assist law  
          enforcement agencies outside of CDF.  CDF officers receive the  
          same training as all state law enforcement agencies through POST  
          training (Peace Officer Standard Training), and since 2008, POST  
          determined CAL FIRE is a general law enforcement agency.

          "SB 1456 would amend the Roberti-Roos Act of 1989 to add CAL  
          FIRE peace officers to the existing list of peace officers that  
          are authorized to possess certain assault weapons in the course  
          of their duties.  Currently, CAL FIRE officers are tasked with a  
          series of dangerous duties including illegal land conversion,  
          fire investigations, criminal and civil investigations, internal  
          affairs investigations, assistance with fire, explosion, bomb,  
          fireworks, and search and rescue missions.  

          "CAL FIRE officers face daily public encounters where the  
          potential use of force options, including deadly force, exists.   
          However, the current long rifle available to CAL FIRE officers  
          is a sports version which is available to the public and lacks  
          the high power, combat quality necessary in various dangerous  
          situations.  SB 1456 would allow for CAL FIRE to equip their  







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          officers with the equipment necessary for the safety of their  
          officers."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/6/14)

          CALFIRE Local 2881 (source) 


          JG:nl  5/7/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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