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