FIREARM PERMIT

 

You may not carry a gun on duty without having been issued a firearm permit by the Bureau. Also, a firearm permit issued by the Bureau does not authorize you to carry a concealed weapon. You may not carry a concealed weapon on duty without a Concealed Weapons Permit (CCW) issued by local authorities, nor carry a caliber handgun not listed on your firearm permit.

To apply for a firearm permit, you must:

 

Be a U.S. citizen or have permanent legal alien status.

 

Pass a course in the carrying and use of firearms. The 14-hour (8 hours classroom, 6 hours range) training course covers moral and legal aspects, firearms nomenclature, weapon handling and shooting fundamentals, emergency procedures and range training. The course must be given by a Bureau-certified firearms training instructor at a Bureau-certified training facility. Written and range exams are administered at the end of the course. Costs of training are determined by the training facility.
Submit a firearm permit and Guard Card application with a $130 State application fee, and submit a Security Guard Registration w/Firearm Permit Live Scan form signed by the Live Scan site operator. A $38 Firearm Eligibility application, $32 DOJ fingerprint processing fee, $17 FBI fingerprint processing fee and a $10.00 rolling fee must be paid at the Live Scan site. Send your application package to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002.

 

You may apply for both a guard registration and a firearm permit at the same time for a total fee of $227, this doesnt include the guard card or firearms class. The total is $427.00 including class fees.

Note: A firearms qualification card expires two years from the date it was issued. An applicant must requalify four times during the life of the permit: twice during the first year after the date of issuance, and twice during the second year. Requalifications must be at least four months apart.


 

FIREARM REQUIREMENTS

Firearms Requirements for Security Guards, Alarm Agents, Private Investigators and Private Patrol Operators

Even if you are licensed or registered in the security, alarm, or private investigation fields, you may not carry a gun on duty - whether loaded or unloaded - unless you have been issued an exposed firearm permit by the Department of Consumer Affairs. You must keep the permit with you at all times while on duty.

Note: It is illegal for a licensee or registrant to carry a CONCEALED weapon on duty without a permit issued by local authorities.

Filing an Application

To apply for a firearm permit, you must:

 

Take a 14-hour course (8 hours classroom, 6 hours range) in the carrying and use of firearms given by a Bureau- certified firearms training instructor at a Bureau certified training facility
Pass the written and range exams given at the end of the course
Be a United States citizen or have permanent legal alien status; and
Submit a firearm permit application, pay an $80 application fee and submit a Live Scan form (which is appropriate to your license or registration) signed by the Live Scan site operator. A $38 Firearm Eligibility application, $32 Department of Justice (DOJ) fingerprint processing fee and $17 Federal Bureau of Investigation (FBI) fingerprint processing fee must be paid at the Live Scan site. Send your application package to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002

 

Classroom Training - During your eight hours of classroom training, you will learn moral and legal aspects of firearms use, firearms nomenclature, weapons handling and shooting fundamentals, and emergency procedures.

Range Training - The six hours of range training will give you practice in safely handling and firing your weapon. You must requalify on the range twice a year before renewing your permit no sooner than four months apart.

Training Schools - Schools and training instructors must be certified by the Bureau of Security and Investigative Services.

Renewals - Firearm permits expire two years from the date of issuance. An applicant must requalify four times during the life of the permit: twice during the first year after the date of issuance, and twice during the second year. Requalifications must be at least four months apart. The application for renewal should be submitted to the Bureau within 60 days before the expiration date. The current fee for renewing a firearm permit is $98. You may not renew your permit once you have allowed it to expire. You must instead apply for a new permit.

Weapons Incidents - A security guard who discharges a weapon while on duty (except on the range) must: (1) report the incident to his or her employer within 24 hours and (2) file a written report with the Director of the Department of Consumer Affairs, within 7 days. Failure to do so may result in a fine.

Violations - The following acts are prohibited by law while a licensee/registrant is on duty:

 

• Illegally using, carrying, or possessing a dangerous weapon
• Carrying an inoperable, replica, or simulated firearm
• Brandishing or misusing a weapon
• Drawing a weapon without proper cause
• Provoking a shooting incident without cause
• Carrying or using a firearm while under the influence of alcohol or dangerous drugs; and
• Carrying or using a firearm of a different caliber than that for which a firearm permit has been issued.

 

Protection of the public shall be the highest priority for the Bureau of Security and Investigative Services in exercising licensing, regulatory and disciplinary functions. Whenever the protection of the public is consistent with other interests sought to be promoted, the protection of the public shall be paramount.


FIREARMS

Several training and background check requirements relate to registration as an armed security guard. The following sections contain details on required training, distinctions between exposed and concealed firearms, and firearm-related crimes.

CALIFORNIA CODE OF REGULATIONS
TITLE 16, DIVISION 7
ARTICLE 7

631. Requirements for Carrying or Use of Firearms or Simulated Firearms.

 

 

(a) A registered employee shall not carry, use or possess a loaded or unloaded firearm in the performance of his duty, whether or not it is serviceable or operative, unless he has in his possession a firearms qualification card issued to him by the chief. Such card must be shown to any peace officer or bureau representative upon demand.

(b) A registered employee may not carry any replica or other simulated firearm.

631.1. Allowing the Carrying or Use of a Firearm.

 

 

(a) A private patrol or alarm company operator shall not allow an employee to carry or use a loaded or unloaded firearm, whether or not it is serviceable or operative, unless such employee possesses a firearms qualification card.

(b) A private patrol or alarm company operator may not allow an employee to carry any replica or other simulated firearm.

632. Firearms Qualification Card.

 

(a) The bureau shall issue a firearms qualification card to an applicant where all of the following conditions exist:

(1) The applicant is a licensed private investigator, alarm company operator, private patrol operator or registered employee of such a licensee or is employed or compensated by a lawful business or public agency as a security guard or patrol person;

(2) The applicant has filed with the bureau a completed application for a firearms qualification card on a form prescribed by the bureau, dated and signed by the applicant under penalty of perjury that the information in the application is true and correct;

(3) The application is accompanied by:

(A) Payment of the firearms qualification fee prescribed by Section 640(g).

(B) Proof, satisfactory to the bureau, of successful completion of a course approved by the bureau in the carrying and use of a firearm. Including:

1. Proof of successful passage of a written examination prescribed by the bureau. Such examination shall be based on information required to be taught pursuant to Section 635; and

2. Proof of qualifying on an approved firearm range with the caliber of weapon to be used by the applicant pursuant to Section 633.

(4) 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.

(b) The firearms qualification card, when issued, shall be mailed to the applicant at the address which appears on the application. In the event of the loss or destruction of the card the cardholder may apply to the chief for a certified replacement for the card, stating the circumstances surrounding the loss, and pay a $10 certification fee whereupon the chief shall issue a certified replacement for such card.

(c) Firearms qualification card does not authorize the holder thereof to carry a concealed weapon as that term is defined in Penal Code Section 12050.


AUTHORITY TO CARRY AN EXPOSED FIREARM

The Business and Professions Code and the Penal Code contain several sections that security guards must obey when they carry an exposed firearm on duty.

BUSINESS AND PROFESSIONS CODE
DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES
ARTICLE 4

Business & Professions Code Section 7583.5

 

 

(a) Every licensee and any person employed and compensated by a licensee, other lawful business or public agency as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete a course in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which shall be prescribed by the Department of Consumer Affairs. The Department shall encourage restraint and caution in the use of firearms.

(b) No uniformed employee of a licensee shall carry or use any firearm unless the employee has in his or her possession a valid firearm qualification card.

Note: It is illegal for a licensee or registrant to carry a concealed weapon on duty without a permit issued by local authorities. The firearm permit issued by BSIS only allows the security guard to carry an exposed firearm while on duty.


 

PEACE OFFICER EXEMPTIONS

An active duty peace officer or a level 1 or 2 reserve peace officer who wishes to be an armed security guard must apply for the security guard registration but does not have to apply for the firearm permit. However, to carry a weapon as a security guard, such peace officers must have on their person, while performing the duties of a security guard, a written authorization from their primary employer (law enforcement entity) giving them permission to carry a weapon while performing the duties of a security guard. If they are unable to obtain the written permission from their primary employer (law enforcement entity) they must apply for the firearm permit.

Such peace officers are also exempt from having to submit fingerprints for the security guard registration or firearm permit. However, you must notify the Bureau within 72 hours of any change in your employment status (retired, quit, fired) with your primary employer (law enforcement entity). You would then have to reapply for a new guard registration and exposed firearm permit and would also have to submit fingerprints.


APPLICABLE PENAL CODE SECTIONS

(FROM THE 2005 COMPACT EDITION)

I. Penal Code Section 12031 [Carrying of loaded firearms; misdemeanor] (Excerpt)

 

 

(a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

Subdivision (a) shall not apply to any of the following:

Peace officers listed in Section 830.1 or 830.2, . . .

Persons who are using target ranges for the purpose of practice shooting with a firearm or who are members of shooting clubs while hunting on the premises of those clubs.

The carrying of pistols, revolvers, or other firearms capable of being concealed upon the person by persons who are authorized to carry those weapons pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4.

Uniformed security guards or night watch persons employed by any public agency, while acting within the scope and course of their employment. (Emphasis added)

Uniformed security guards, regularly employed and compensated in that capacity by persons engaged in any lawful business, and uniformed alarm agents employed by an alarm company operator, while actually engaged in protecting and preserving the property of their employers or on duty or en route to or from their residences or their places of employment, and security guards and alarm agents en route to or from their residences or employer-required range training. Nothing in this paragraph shall be construed to prohibit cities and counties from enacting ordinances requiring alarm agents to register their names. (Emphasis added)

(I) Nothing in this section shall prevent any person from carrying a loaded firearm in an area within an incorporated city while engaged in hunting, provided that the hunting at that place and time is not prohibited by the city council.

(j) (1) Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or herself or of another is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. As used in this subdivision, "immediate" means the brief interval
before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance. . . .

(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite. . .

Note: Merely completing a course in firearms training does not authorize any security guard to carry a firearm on duty unless he/she has been issued a permit to do so. Security guards who carry a firearm while on duty without a valid permit could be arrested and convicted for violation of Section 12031 of the Penal Code.

FOR FURTHER INFORMATON FOLLOW THE LINKS BELOW:

http://www.bsis.ca.gov/forms_pubs/guardgd.pdf

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