BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair A
1999-2000 Regular Session B
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AB 1322 (Oller) 2
As Amended May 18, 1999
Hearing date: June 29, 1999
Penal Code
SH:br
LICENSES TO CARRY CONCEALED FIREARMS IN PUBLIC -
VALID FOR UP TO 4 YEARS IF ISSUED TO SPECIFIED CUSTODIAL
OFFICERS
HISTORY
Source: Cal-Nevada Conference of Operating Engineers
El Dorado Sheriff's Correctional Officers
Prior Legislation: AB 1795 - Chapter 110, Statutes of 1998;
AB 2022 - Chapter 910, Statutes of 1998; AB
1468 - Chapter 744, Statutes of 1997
Support: Calaveras County Sheriff's Department;
Sheriff-Coroner, El Dorado County; Chief of
Police, City of Ione; Sheriff-Coroner, Mono
County; Placerville Police Officers Association
Opposition:None known
Assembly Floor Vote: Ayes 71 - Noes 2
KEY ISSUE
SHOULD A CONCEALED WEAPONS LICENSE ISSUED TO A SECTION
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831.5 CUSTODIAL OFFICER EMPLOYED BY A SHERIFF BE VALID FOR
UP TO FOUR YEARS EXCEPT THAT THE LICENSE SHALL BE INVALID
UPON THE CONCLUSION OF THE SECTION 831.5 EMPLOYMENT IF THE
FOUR-YEAR PERIOD HAS NOT OTHERWISE EXPIRED OR ANY OTHER
CONDITION IMPOSED BY THE ISSUING AUTHORITY DOES NOT LIMIT
THE VALIDITY OF THE LICENSE TO A SHORTER TIME PERIOD?
PURPOSE
The purpose of this bill is to allow a concealed weapons
license issued to a section 831.5 custodial officer
employed by a sheriff to be valid for up to four years, as
specified.
Existing law provides that a sheriff or a police chief may
issue a license to carry a concealed firearm in public
pursuant to specified requirements and restrictions, such
as that the applicant is of good moral character, the
applicant is not within certain prohibited categories, and
good cause exists for the issuance. In counties with
populations of 200,000 or less, a license may also be
issued to carry a loaded and exposed pistol, revolver, or
other firearm capable of being concealed upon the person.
Licenses to carry concealed are valid statewide although
the issuing authority may place restrictions or conditions
on the license. Licenses are generally valid for any
period of time not to exceed two years from the date of the
license. License renewal applicants shall complete a
training course of no less than four hours, as specified.
(penal code 12050)
Existing law delineates the authority of a sheriff to issue
a license to a person applying who is a resident of the
county or a city within the county and delineates the
authority of a chief or other head of a municipal police
department of any city to issue a license to a person
applying who is a resident of that city; in addition, a
license valid for up to 90 days may be issued to a person
who spends a substantial period of time in the applicant's
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principal place of employment or business within, the
county or a city within the county when application is made
to the sheriff, or the applicant is a resident of the city
when application is made to a police chief, as specified.
Existing law also allows both a sheriff and a police chief
to issue a concealed weapons license regardless of the
general residency requirements to a reserve peace officer
who is deputized by the issuing authority; such licenses
are valid for up to four years , as specified.
Existing law provides that a concealed weapons license
issued to a California judge or commissioner or a federal
judge or magistrate may be valid for up to three years .
Under existing law , all cities and counties are authorized
to employ custodial officers - public officers who are not
peace officers - for the purpose of maintaining order in
local detention facilities. (Penal Code 831.)
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Notwithstanding Section 831, in counties with a population
of 425,000 or less - and San Diego, Fresno, Kern,
Riverside, and Stanislaus counties - "enhanced powers"
custodial officers may be employed. "Enhanced powers"
custodial officers may carry firearms under the direction
of the sheriff while fulfilling specified job-related
duties. Those custodial officers shall be employees of the
sheriff except in counties which, as of July 1, 1993, have
another entity in charge of the county jail. (Penal Code
831.5.)
This bill authorizes a concealed weapons license issued to
a section 831.5 custodial officer employed by a sheriff to
be valid for up to four years except that the license shall
be invalid upon the conclusion of the section 831.5
employment if the four-year period has not otherwise
expired or any other condition imposed by the issuing
authority does not limit the validity of the license to a
shorter time period.
COMMENTS
1. Need for This Bill
Background provided by the author includes the following:
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. This
bill does not change how or who the permit is issued
to...[and]...has nothing to do with the decision to
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issue or not to issue a concealed weapons license, nor
does it change any criteria to obtain a license.
2. Custodial Officers Affected by This Bill
This bill would authorize concealed weapons permits issued
to section 831.5 custodial officers employed by a sheriff
to be valid for up to four years. The practical effect
would be not only some savings to the officer for license
renewals and would also mean that they would not be
required to complete renewal training every two years.
These custodial officers may carry firearms during the
performance of their duties as prescribed by their employer
while performing specified duties, including transporting
prisoners and working on escapes or rescues, and only after
specified training.
Existing Penal Code section 12054 limits concealed weapons
permit fees to actual cost plus $100 for initial
applications and actual costs plus $25 for processing for
renewals; in addition, there are limit on collection - 20%
of the initial license fee upon application and the
remainder upon issuance. The additional fees shall be
transmitted to the local public treasury. Amended license
fees and fees for psychological testing on initial
application are also specified in that section.
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