BILL ANALYSIS AB 1322 Page 1 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 Page 2 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 Page 3 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