Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 11.6. Alarm Companies [7590 - 7599.80]

  ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. )

ARTICLE 7. Prohibited Acts and Citations for Firearms and Nonlethal Weapons [7597 - 7597.6]
  ( Heading of Article 7 amended by Stats. 1989, Ch. 1104, Sec. 35. )

7597.
  

The director may assess fines as enumerated in this article pursuant to Section 7591.9. Assessment of administrative fines shall be independent of any other action by the bureau or any local, state, or federal governmental agency which may result from a violation of this article.

(Added by Stats. 1982, Ch. 1210, Sec. 12.)

7597.1.
  

(a) A licensee, qualified manager, branch office manager, or alarm agent shall not carry, use, or possess a loaded or unloaded firearm in the course and scope of his or her employment, whether or not it is serviceable or operative, unless he or she has in his or her possession a valid and current firearms qualification card issued to him or her by the bureau. The card shall be shown to any peace officer or bureau representative upon demand.

(b) Subdivision (a) shall not apply to a duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who meets all of the following:

(1) He or she has successfully completed a course of study in the use of firearms.

(2) He or she is authorized to carry a concealed firearm in the course and scope of his or her employment pursuant to Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code.

(3) He or she has proof that he or she has applied to the bureau for a firearms qualification card.

(c) A fine of two hundred fifty dollars ($250) may be assessed for the first violation of this section and a fine of five hundred dollars ($500) for each subsequent violation.

(Amended by Stats. 2016, Ch. 800, Sec. 52. (SB 1196) Effective January 1, 2017.)

7597.2.
  

(a) A licensee, qualified manager, branch office manager, or alarm agent shall not carry any inoperable, replica, or other simulated firearm.

(b) A violation of this section shall result in a fine of one hundred dollars ($100) for the first violation and a fine of two hundred fifty dollars ($250) for each subsequent violation.

(Amended by Stats. 2016, Ch. 800, Sec. 53. (SB 1196) Effective January 1, 2017.)

7597.3.
  

(a) No licensee, qualified manager, branch office manager, or alarm agent shall use a firearm which is in violation of law, or in knowing violation of the standards for carrying and usage of firearms, as taught in the course of training in the carrying and use of firearms, including, but not limited to:

(1) Illegally using, carrying, or possessing a dangerous weapon.

(2) Brandishing a weapon.

(3) Drawing a weapon without proper cause.

(4) Provoking a shooting incident without cause.

(5) Carrying or using a firearm while on duty under the influence of alcohol or dangerous drugs.

(6) Carrying or using a firearm of a caliber for which a bureau firearms permit has not been issued.

(7) Carrying or using a firearm while performing duties not related to the qualifying license, certificate, or registration to which the bureau associated the firearms permit.

(b) A fine of one thousand dollars ($1,000) and a suspension of the firearms permit for six months may be assessed for the first violation of this section and a fine of one thousand dollars ($1,000) and a suspension of the firearms permit for not more than one year for a subsequent violation.

(Amended by Stats. 2016, Ch. 800, Sec. 54. (SB 1196) Effective January 1, 2017.)

7597.5.
  

(a) A licensee, qualified manager, branch office manager, or alarm agent shall not carry or use tear gas or any other nonlethal chemical agent in the performance of his or her duties, unless he or she has in his or her possession proof of completion of a course in the carrying and use of tear gas or other nonlethal chemical agent.

(b) A fine of one hundred dollars ($100) may be assessed for the first violation of this section and a fine of two hundred fifty dollars ($250) for each subsequent violation.

(Amended by Stats. 2016, Ch. 800, Sec. 55. (SB 1196) Effective January 1, 2017.)

7597.6.
  

(a) A licensee, qualified manager, branch office manager, or alarm agent shall not carry a pistol, revolver, or other firearm capable of being concealed upon the person in a concealed manner unless one of the following circumstances apply:

(1) The person has been issued a permit to carry that firearm in a concealed manner by a local law enforcement agency pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code.

(2) The person is an honorably retired peace officer authorized to carry a concealed firearm pursuant to Section 25650 of the Penal Code or Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code.

(3) The person is a duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a concealed firearm in the course and scope of his or her employment pursuant to Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code.

(b) A fine of one thousand dollars ($1,000) may be assessed for each violation of subdivision (a).

(Amended by Stats. 2016, Ch. 800, Sec. 56. (SB 1196) Effective January 1, 2017.)

BPCBusiness and Professions Code - BPC7.