BILL ANALYSIS
AB 1496
ASSEMBLY THIRD READING
AB 1496 (V. Brown) - As Amended: May 15, 1995
ASSEMBLY ACTIONS:
COMMITTEE PUB. S. VOTE 7-0 COMMITTEE
VOTE
DIGEST
Existing law:
1) The identification certificate or endorsement that may be
issued to peace officers authorizing the officers to carry a
concealed and loaded firearm is also applicable to honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to and did carry
firearms.
2) No peace officer who retired after January 1, 1989 because of
psychological disability may be issued an endorsement to carry
a concealed and loaded firearm.
This bill:
1) Clarifies the meaning of psychological disability as it applies
to retired peace officers, for the purpose of concealed weapons
laws.
2) Provides that in order to be psychologically disabled, a
physician or psychologist must issue a written opinion that the
officer is or may be a danger to himself, herself or to others
if permitted to carry a concealed and loaded firearm.
FISCAL EFFECT
None
COMMENTS
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1) According to the author:
I have introduced AB 1496 on behalf of the California
Association of Highway Patrolmen. They have come to me
as a result of problems some of their retired officers
have had regarding getting approval from the department
to carry a concealed weapon.
Under present law, the vast majority of state and local
retired peace officers may legally carry a concealed
weapon. In the case of the CHP, the commissioner
decides. There is an appeal process for denials.
There are situations now where some retired officers
are denied based on the fact they retired on stress.
However, the stress involved may be essentially
cardiovascular in nature, in other words, heart
problems or some other physical manifestation, but not
psychological.
AB 1496 is intended to clarify the ambiguity in current
law so that only officers who are mentally unstable
will be denied the right to carry a concealed weapon.
This bill does not change any other provisions relating
to the approval or denial.
2) Peace officers are occasionally treated for stress
disorders that are caused by their work in law enforcement.
There are a variety of injuries that are caused by stress.
Many of these injuries, such as heart disease, shingles or
other physical manifestations of stress, do not affect an
individual's overall mental stability.
Under current practice, officers who receive a disability
retirement involving "stress" are denied the authority to
carry a concealed weapon. This policy prohibits an
officer from carrying a concealed weapon who, after 30
years of reliable service, develops a heart ailment due to
occupational stress.
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3) This bill would distinguish between those retired disabled
officers who suffer from a mental disability, causing them
to be dangerous to themselves and to the community, from
those officers who suffer physical ailments resulting from
job stress.
FN 015070
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