SB 1337, as introduced, Morrell. Peace officers: fire departments.
Existing law establishes which persons are included and excluded within the definition of peace officers. Existing law provides that specified fire department, fire protection agency, and military personnel are peace officers, and may carry firearms if authorized and under terms and conditions specified by their employing agency. Existing law authorizes specified state and local departments and agencies to purchase assault weapons.
This bill would provide that members of a fire department or fire protection agency who are designated by their employing agency with a responsibility for investigating or preventing terrorism are peace officers and may carry firearms if authorized and under terms and conditions specified by their employing agency. The bill would also authorize fire departments and fire protection agencies to buy assault weapons or .50 BMG rifles.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 830.37 of the Penal Code is amended to
2read:
The following persons are peace officers whose
2authority extends to any place in the state for the purpose of
3performing their primary duty or when making an arrest pursuant
4to Section 836 as to any public offense with respect to which there
5is immediate danger to person or property, or of the escape of the
6perpetrator of that offense, or pursuant to Section 8597 or 8598 of
7the Government Code. These peace officers may carry firearms
8only if authorized and under terms and conditions specified by
9their employing agency:
10(a) Members of an arson-investigating unit, regularly paid and
11employed in that capacity, of a fire department or fire protection
12agency of a county, city, city and county, district, or the state, if
13the primary duty of these peace
officers is the detection and
14apprehension of persons who have violated any fire law or
15committed insurance fraud.
16(b) Members other than members of an arson-investigating unit,
17regularly paid and employed in that capacity, of a fire department
18or fire protection agency of a county, city, city and county, district,
19or the state, if the primary duty of these peace officers, when acting
20in that capacity, is the enforcement of laws relating to fire
21prevention or fire suppression.
22(c) Voluntary fire wardens as are designated by the Director of
23Forestry and Fire Protection pursuant to Section 4156 of the Public
24Resources Code, provided that the primary duty of these peace
25officers shall be the enforcement of the law as that duty is set forth
26in Section 4156 of the Public Resources Code.
27(d) Firefighter/security guardsbegin insert
employedend insert by the Military
28Department, if the primary duty of the peace officer is the
29enforcement of the law in or about properties owned, operated, or
30administered by the employing agency or when performing
31necessary duties with respect to patrons, employees, and properties
32of the employing agency.
33(e) Members of a fire department or fire protection agency of
34a county, city, city and county, district, or the state, who are
35designated by their employing agency with a responsibility for
36investigating or preventing terrorism.
Section 30625 of the Penal Code is amended to read:
Sections 30600, 30605, and 30610 do not apply to the
39sale of an assault weapon or .50 BMG rifle to, or the purchase,
40importation, or possession of an assault weapon or a .50 BMG
P3 1rifle by, the Department of Justice, police departments, sheriffs’
2offices, marshals’ offices, the Department of Corrections and
3Rehabilitation, the Department of the California Highway Patrol,
4district attorneys’ offices, the Department of Fish and Wildlife,
5the Department of Parks and Recreation,begin delete orend deletebegin insert fire departments or
6fire protection agencies,end insert the military or naval forces of this state
7or of the United States, or any federal law enforcement agency for
8use in the discharge of their
official duties.
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