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AB-811 Firearms: Private Patrol Operators: registration and assignment.(2011-2012)

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AB811:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 811


Introduced  by  Assembly Member Hall

February 17, 2011


An act to amend Section 28235 of, and to add Article 6.1 (commencing with Section 27970) to, Chapter 4 of Division 6 of, Title 4 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 811, as amended, Hall. Firearms: Private Patrol Operators: registration and assignment.
Existing law generally regulates the ownership and transfer of firearms, but does not authorize business entities to own or register firearms.
This bill would establish procedures allowing Private Patrol Operators to own firearms and to assign those firearms to employees of the Private Patrol Operator who are licensed security officers guards. The bill would state findings and declarations of the Legislature, and the intent of the Legislature in connection with these procedures. The bill would direct the Department of Justice to modify and create forms, and charge reasonable fees for the filing and processing of those forms and for enforcement of these provisions. The bill would require security officers guards, within 48 hours of the Private Patrol Operator’s request, for any reason, or upon and within 48 hours of separation of employment or revocation of the security officer’s guard’s firearm qualification card, to return the firearm to the Private Patrol Operator. Failure to comply with the 48-hour return requirement would be a misdemeanor.
By creating a new crime, this bill would impose a state-mandated local program.
The bill would make other conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6.1 (commencing with Section 27970) is added to Chapter 4 of Division 6 of Title 4 of Part 6 of the Penal Code, to read:
Article  6.1. Ownership, Registration, and Assignment of Firearms by Private Patrol Operators

27970.
 (a) (1) The Legislature finds and declares that current practices and statutes authorize the purchase, registration, and ownership of firearms by individuals, but not by business entities.
(2) It is the intent of the Legislature in enacting this chapter to allow business ownership and registration of firearms in the case of Private Patrol Operators. It is further the intent of the Legislature to establish procedures whereby a Private Patrol Operator may assign firearms it owns to its employees who are licensed to carry firearms and that the assignment of a firearm by a Private Patrol Operator to an that employee shall not constitute a loan, sale, or transfer of a firearm.
(b) For purposes of this article, the following definitions shall apply:
(1) “Department” means the Department of Justice.
(2) “Private Patrol Operator” or “PPO” means a Private Patrol Operator licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code.

27975.
 (a) The department shall modify the Dealers’ Record of Sale (DROS) form to allow a PPO to be listed as the purchaser and owner of a firearm. The form shall also identify the status of the PPO as a sole proprietorship, partnership, or corporate entity, and include any tax identification number or other identifying number that may be required by the department.
(b) The department shall also modify the DROS form to allow require the PPO to designate a “firearms custodian” for the PPO. The firearms custodian shall possess a valid firearm qualification card issued by the Department of Consumer Affairs.
(c) The PPO shall, on a separate form, and in a manner prescribed by the department, identify the person who is designated by the PPO as the firearms custodian for the PPO. If a firearms custodian ceases to be employed by the PPO, or otherwise becomes ineligible to be the firearms custodian, the PPO shall inform the department of that fact, in a manner prescribed by the department, and the PPO shall have 30 days to designate a replacement firearms custodian.
(d) (1) The department shall prescribe a “Certificate of Assignment” or “COA.” The COA shall contain the same fields as the DROS form, and shall be used to identify the employee of the PPO who has been assigned a firearm by the PPO pursuant to this article.
(2) Upon the PPO assigning a firearm to an employee who is a security officer guard licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, the licensed security officer guard shall complete the COA, and the PPO shall file the COA with the department in a timely manner as prescribed by the department.

27980.
 The department shall charge a fee not to exceed the reasonable costs to the department for filing and processing a form identifying the firearms custodian of the PPO, for filing and processing a COA, and for costs incurred in enforcing the provisions of this article, including, but not limited to, processing forms required by this article, and entering information obtained pursuant to this article into the department’s Automated Firearms System and other databases as deemed necessary by the department. The fees shall be deposited in the Dealers’ Record of Sale Special Account.

27985.
 No PPO may assign a firearm pursuant to this article if there is no designated firearms custodian for the PPO. If the PPO ceases to do business, or ceases to possess a valid PPO license as determined by the Director of the Department of Consumer Affairs, ceases as a business entity, or changes its type of business formation, then the firearms custodian and the PPO shall, within 30 days and unless otherwise prohibited by law, complete new DROS forms for all PPO-owned firearms and transfer those firearms to a new owner. The firearms custodian shall be responsible at all times for the possession of all firearms listed as owned by the PPO, including after the PPO ceases to do business or ceases as a business entity, until the firearms are transferred to a new owner pursuant to this section. If the PPO refuses or otherwise fails to complete new DROS forms, the firearms custodian shall submit the new form on behalf of the PPO.

27990.
 Notwithstanding any other provision of law, an assignment of a firearm pursuant to this article shall not constitute a loan, sale, or transfer of a firearm.

27995.
 (a) Within 48 hours of the PPO’s request, for any reason, or upon within 48 hours of separation of employment or revocation of the firearm qualification card, the security officer guard shall return the firearm to the PPO. Nothing in this article shall be construed to limit the right of a licensed security guard employee to use, possess, or otherwise lawfully carry a firearm owned by that employee.
(b) A violation of subdivision (a) is a misdemeanor.

SEC. 2.

 Section 28235 of the Penal Code is amended to read:

28235.
 All money received by the department pursuant to this article shall be deposited in the Dealers’ Record of Sale Special Account of the General Fund, which is hereby created, to be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to any of the following:
(a) This article.
(b) Section 18910.
(c) Section 27555.
(d) Subdivisions (d) and (e) of Section 27560.
(e) Article 6.1 (commencing with Section 27970) of Chapter 4.
(f) Article 6 (commencing with Section 28450).
(g) Section 31110.
(h) Section 31115.
(i) Subdivision (a) of Section 32020.
(j) Section 32670.
(k) Section 33320.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.