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|Senate Bill No. 1196|
LEGISLATIVE COUNSEL’S DIGEST
SB 1196, Hill. Professions and vocations: Bureau of Real Estate, Bureau of Real Estate Appraisers, and Bureau of Security and Investigative Services.
(1) Existing law provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of locksmiths and the employees of locksmiths, repossessors, private investigators, private patrol operators, armored contract carriers, firearms and baton training facilities, and employees of those licensees, alarm company operators and alarm agents, and proprietary security services. Existing law prescribes various fees and fines in connection with the regulation of these professions and vocations and provides for the deposit of the majority of these fees and fines into the Private Security Services Fund. Existing law also establishes the Professions and Vocations Fund, which consists of certain funds. Existing law provides that fine, penalty, and cost recovery moneys in any fund within the Professions and Vocations Fund are available only upon appropriation by the Legislature.
This bill would subject the bureau to review by the appropriate policy committees of the Legislature. The bill would also provide that the Private Security Services Fund is a fund in the Professions and Vocations Fund.
(2) The Collateral Recovery Act provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services and prohibits the use of an alias in connection with the official activities of a licensed repossession agency’s business.
This bill would instead prohibit the use of a business name other than the name of a licensed repossession agency in connection with the official activities of the licensee’s business.
(3) The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services. Until January 1, 2018, the act provides for the licensure of limited liability companies under the act and requires the application for licensure of a limited liability company to be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury. The act also requires a licensee to notify the Bureau of Security and Investigative Services within 30 days of any change in its corporate officers or any addition of a new partner.
This bill would additionally require the application for licensure of a limited liability company to be subscribed, verified, and signed by the qualified manager of the applicant. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill, among other things, would also require a licensee to notify the bureau within 30 days of any change in members required to be named in a corporation’s or limited liability corporation’s application for licensure.
(4) The Private Investigator Act prohibits a licensed private investigator and qualified manager who, in the course of his or her employment or business, carries a deadly weapon from carrying or using a firearm unless he or she has in his or her possession a valid firearms qualification card and requires the licensed private investigator and qualified manager to comply with, and be subject to, specified provisions.
This bill would authorize a licensed private investigator and qualified manager who possesses a valid firearms qualification card to also carry a concealed firearm if he or she satisfies specified conditions. The bill would also require, if a firearms qualification card is denied, the denial to be in writing, include the basis for the denial, and inform the applicant of his or her right to contest the denial.
(6) The Private Security Services Act provides, among other matters, for the licensure and regulation of private patrol operators by the Bureau of Security and Investigative Services and makes a violation of its provisions a crime. Under that act, a person required to be registered as a security guard must report to his or her employer, within 24 hours of the incident, the circumstances surrounding the discharge of any firearm in which he or she is involved while acting within the course and scope of his or her employment.
That act requires a person required to be registered as a security guard to carry a valid and current security guard registration card on his or her person, while on duty, and also requires a person registered as a security guard or patrol person to deliver to the Director of Consumer Affairs and to local law enforcement a written report describing the circumstances surrounding the discharge of a firearm in which he or she was involved while acting within the course of his or her employment, within 7 days of the incident.
This bill would additionally impose the reporting duties upon the employer of the security guard or patrol person. The bill would authorize a person required to be registered as a security guard, while pending receipt of the security guard registration card after the bureau’s approval, to be on duty if the person carries on his or her person both a hardcopy printout of the approved security guard registration information from the bureau’s Internet Web site and a valid picture identification.
(7) Existing law requires security guards, security patrol persons, alarm company operators, and other specified persons to complete specified courses, acquire specified licenses, and be subject to specified provisions relating to their duties and relating to the carrying and use of a firearm or baton, as provided.
This bill would exempt from those provisions a federal qualified law enforcement officer, as defined.
(8) Existing law requires the Bureau of Security and Investigative Services to issue a firearms permit to a private patrol operator, alarm company operator, or other specified licensee when certain conditions are satisfied, including that the applicant has filed with the bureau a classifiable fingerprint card and that the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety. Existing law prohibits a person required to be registered as a security guard from carrying or using a firearm unless he or she possesses a valid and current firearms permit and requires that person to carry the permit on his or her person when carrying a firearm on duty.
This bill would provide for the association of a firearms permit with the license or registration of the applicant, as specified. The bill would authorize an applicant for a firearms permit to, in lieu of submitting a classifiable fingerprint card, submit fingerprints into an electronic fingerprinting system administered by the Department of Justice, as specified. The bill would require an applicant for a firearms permit who is a registered security guard to complete a specified assessment to determine whether or not the applicant, at the point in time of the assessment, is capable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during the course of his or her security guard duties, as provided. The bill would prohibit the bureau from issuing or renewing a firearm permit to an applicant who has been found incapable of exercising appropriate judgment, restraint, and self-control pursuant to the assessment in the past 12 months, as specified. The bill would authorize the appeal of the denial of a firearms permit or firearms qualification card on the basis of the results of the assessment. The bill would authorize the bureau to seek an emergency order against the holder of a firearms permit if, after investigation relating to specific events, the bureau determines that the holder of the permit presents an undue hazard to public safety. The bill would prohibit licensees or registrants with firearms permits from carrying or using a firearm while performing duties not related to the qualifying license or registration to which the bureau associated the licensee’s or registrant’s firearms permit. The bill would authorize a person required to be registered as a security guard, while pending receipt of the firearms permit after the bureau’s approval, to carry a firearm while on duty if the person carries on his or her person both a hardcopy printout of the approved firearms permit information from the bureau’s Internet Web site and a valid picture identification.
(9) Existing law provides that any institution, firm, or individual wishing the approval of the Bureau of Security and Investigative Services to offer the firearms course must complete an application for certification as a firearms training facility, as specified.
This bill would require the bureau, within 120 days after issuance of a “Firearms Training Facility Certificate,” to inspect the facility for compliance with the specified requirements. The bill would authorize the bureau to inspect the facility prior to the issuance of a certificate. The bill would also require the bureau to maintain a program of random and targeted inspections of facilities to ensure compliance with applicable laws relating to the conduct and operation of facilities and to inform facilities when the bureau determines that the facility is not in compliance with the above-mentioned laws.
(10) The Collateral Recovery Act, the Private Investigator Act, the Private Security Services Act, and the Alarm Company Act impose, or authorize the imposition of, various fines and civil penalties, or suspend various licenses or permits issued pursuant to those acts, for violations of specified provisions of those acts.
This bill would revise specified fine amounts, civil penalty amounts, and suspensions for violations of specified provisions of the Collateral Recovery Act, the Private Investigator Act, the Private Security Services Act, and the Alarm Company Act.
(11) The Private Investigator Act, the Private Security Services Act, and the Alarm Company Act require specified licensees and applicants for licensure to, as a condition of the issuance, reinstatement, reactivation, or continued valid use of a license, maintain policies of insurance against liability for damages arising out of activities for which licensure is required pursuant to those acts, as specified.
BUREAU OF SECURITY AND INVESTIGATIVE SERVICES
The Bureau of Security and Investigative Services (BSIS or Bureau) issues Firearms Permits (also referred to as a “Firearms Qualification Card (FQ)” or “Exposed Firearms Permit”) as specified in Article 4 (commencing with Section 7540) of Chapter 11.3, Article 4 (commencing with Section 7583) of Chapter 11.5 and Article 6 (commencing with Section 7596) of Chapter 11.6 of Division 3 of the Business and Professions Code (BPC).
Requirements for Issuance of Initial Firearms Permit
In order to be eligible for a BSIS Firearms Permit, applicants must:
- be a citizen of the United States or have permanent legal alien status (BPC Sections 7583.23 and 7596.3); and
- not be banned from owning or possessing any firearm pursuant to State or Federal Law (BPC Sections 7583.24, 7583.25 and 7596.8); and
- be a licensed Private Investigator, Qualified Manager of a Private Investigator, Private Patrol Operator, Qualified Manager of a Private Patrol Operator, Alarm Company Operator, Qualified Manager of an Alarm Company Operator or be a registered Security Guard or Alarm Agent with BSIS (BPC Sections 7583.23, 7596, 7542); and must
- complete a criminal history background check through the Federal Bureau of Investigation (FBI) and the California Department of Justice (DOJ) (BPC Sections 7583.23, 7583.24, and 7596.8); and
- complete and submit to the Bureau, the BSIS Application for Firearms Permit; and
- complete the required training courses, including passing all required examinations and qualifications; and
- pay the initial application fee of $80.00 (Title 16, California Code of Regulations, Section 640.)
Criminal History Background Check
Applicants for a BSIS Firearms Permit must undergo a criminal history background check through the FBI and DOJ. Applicants should use the appropriate Live Scan Form available on the Bureau’s website as it contains the correct coding needed to ensure the Bureau receives the needed information in a timely manner.
Applicants for a BSIS Firearms Permit must not be prohibited from owning or possessing any firearm pursuant to State or Federal Law. In addition to completing the required Live Scan, applicants must also complete and submit the Firearm Eligibility Applicationto DOJ and pay the $38.00 application fee to the Live Scan operator (Title 11, California Code of Regulations, Section 4005).Applicants are responsible for paying all Live Scan, FBI and DOJ processing fees at the time of fingerprinting. A list ofLive Scan locations is available on the Bureau’s website.
Required Training Courses (BPC Sections 7542, 7583.7, 7583.8, 7583.23, and 7596)
Applicants for a BSIS Firearms Permit must complete the following training:
- Power to Arrest
Applicants must complete training in the power to arrest. The training may be administered by a licensed PPO, a Bureau-approved firearm or baton training facility, or an organization or school approved by the Bureau. Security Guards may also obtain the training from their employing PPO. Applicants may verify a licensed PPO or training facility by accessing the “Verify a License” page on the Bureau’s website. To confirm if an organization or school is approved by the Bureau to administer the training, email email@example.com.
- BSIS Firearms Training and Qualifications
Applicants must complete the Course of Firearms Training (CCR Section 635) at a Bureau-approved firearm training facility and from a Bureau-approved firearm training instructor, and pass the written examination and range qualifications. For information on Bureau-approved Firearm Training Facilities, visit the “Verify a License” page available on the Bureau’s website. The BSIS Firearms Training Manual is also available on the Bureau’s website.
Firearm Calibers (BPC Sections 7542, 7583.37, 7597.3 and CCR Section 632)
Applicants must qualify with the caliber of weapon that will be carried while on duty. The caliber must be listed on the Firearms Permit.
Licensees may not carry, while on duty, a firearm with a caliber that the licensee has not qualified to carry and which does not appear on the face of their firearm permit.
Applicants may submit their completed application, $80 application fee and completed Live Scan form containing the signature of the Live Scan operator and Automated Transaction Identifier (ATI) number or classifiable fingerprint cards to:
Bureau of Security and Investigative Services
P.O. Box 989002
West Sacramento, CA 95798-9002
Requirements for Renewal of Firearms Permit (BPC Sections 7542, 7583.32, 7596.7 and CCR Section 633)
A BSIS Firearms Permit expires two years from the date of issuance. In order to renew the permit, the applicant must:
- have completed two (2) range qualifications on a firing range every twelve (12) months and at least four (4) months apart. Applicants must complete four (4) total range qualifications prior to renewal of the Firearms Permit at a Bureau-approved firearm training facility and from a Bureau-approved firearm training instructor. All range qualifications must be certified by a Bureau-approved Firearms Training Facility. Applicants must also;
- have completed the two-hour review training course in the use of force and de-escalation of force before each requalification; and
- complete and submit a Firearms Permit Renewal Application; and
- include a new Firearm Eligibility Application with the Renewal Application.
The application for renewal should be submitted to the Bureau at least 60 days before the expiration date of the permit to provide sufficient time for processing. Please note: You may not renew your Firearms Permit once it has expired. If you allow your BSIS Firearms Permit to expire, you must apply for a new permit.
|Renewal Application Fee:||$60.00|
|Firearms Eligibility Application Fee:||$38.00 (fee subject to change by the DOJ)|
|TOTAL RENEWAL FEE:||$98.00|
Peace Officer Exemptions
Please see “Information on Peace Officer Exemptions.”
All BSIS Firearms Permit holders are responsible for understanding all prohibitions, violations, and the proper incident reporting requirements outlined in the BSIS Firearms Training Manual.
Additional information can be found on the Bureau’s website at www.bsis.ca.gov.