BILL ANALYSIS
AB 1322
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Date of Hearing: May 11, 1999
Counsel: Bruce E. Chan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 1322 (Oller) - As Amended: February 26, 1999
As Proposed to Be Amended In Committee
SUMMARY : Gives a sheriff or police chief the option of issuing
a four-year license to carry a concealed firearm to a custodial
officer. The license is invalid upon the conclusion of
employment as a custodial officer if the four-year period has
not otherwise expired or unless the license was limited to a
shorter period of time.
EXISTING LAW :
1)Provides that a county sheriff and police chief may issue a
license to carry a concealed weapon to a resident or person
who spends substantial periods of time at his or her place of
employment in the particular jurisdiction if he or she has:
a) Good moral character.
b) Completed a course of firearm training.
c) Demonstrated good cause for the issuance of the license.
2)Provides that a concealed firearm license 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 12050.)
3)Provides that a license issued to a reserve or auxiliary peace
officer is valid for a period not to exceed four years. The
license is invalid upon the conclusion of the appointment as a
reserve or auxiliary peace officer if the four-year period has
not otherwise expired or unless the license was limited to a
shorter period of time. (Penal Code Section 12050.)
4)Defines "custodial officer" as a public employee responsible
for maintaining custody of prisoners and performing tasks
AB 1322
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related to the operation of local detention facilities. A
custodial officer does not have the right to carry or possess
a firearm in the performance of his or her duties unless
specifically authorized to do so by the sheriff or chief of
police. Custodial officers do not have any authority except
while on duty. (Penal Code Section 831.5.)
5)Provides that a license may include any reasonable
restrictions or conditions which the issuing authority deems
warranted, including restrictions as to the time, place,
manner, and circumstances under which the person may carry a
firearm capable of being concealed upon the person. (Penal
Code Section 12050(b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "This bill will
eliminate the frequency that correctional/custodial officers
need to renew their concealed weapons permits. This bill will
give sheriffs or police chiefs the option of issuing four-year
permits (increased from two years) to custodial officers.
Current law allows the issuance of four-year permits to
persons deputized or serving as reserve peace officers. AB
1322 will save time and money by allowing sheriffs and police
chiefs the option of extending two-year concealed weapon
permits to four year permits for custodial officers."
2)Concealed Weapon Licenses for Reserve Peace Officers Are
Limited and Related to the Term of Employment. A license
issued to a reserve or auxiliary peace officer is valid for a
period not to exceed four years. The license is invalid upon
the conclusion of the appointment as a reserve or auxiliary
peace officer if the four-year period has not otherwise
expired or unless the license was limited to a shorter period
of time. (Penal Code Section 12050.) This bill has a similar
limitation. If a custodial officer terminates his or her
employment, he or she will be treated in the same fashion as a
reserve peace officer. The current statutory scheme
references the duration of the license to employment in a law
enforcement-related field.
REGISTERED SUPPORT / OPPOSITION :
AB 1322
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Support
El Dorado County Sheriff-Coroner
Ione Police Department
Sheriff, El Dorado County
Opposition
None on file
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744