SECTIONS 7583-7583.46 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7583-7583.46

7583. For purposes of this article, "licensee" means a licensed
private patrol operator.

7583.1. (a) An applicant, or his or her manager, for a license as a
private patrol operator shall have had at least one year of
experience as a patrolperson, guard or watchman, or the equivalent
thereof as determined by the director. An applicant shall
substantiate the claimed year of qualifying experience and the exact
details as to the character and nature thereof by written
certifications from the employer, subject to independent verification
by the chief as he or she may determine. In the event of inability
of an applicant to supply the written certifications from the
employer in whole or in part, applicants may offer other written
certifications from other than employers substantiating employment
for consideration by the chief.
(b) An individual who, upon the determination of the chief, has
served in the armed services and possesses the proper skills may be
eligible to take the private patrol operator licensing examination.
In that case the chief may waive any other required training courses,
as he or she determines. However, if the applicant fails the
licensing examination, the chief may not thereafter waive completion
of any required training courses.

7583.2. No person licensed as a private patrol operator shall do
any of the following:
(a) Fail to properly maintain an accurate and current record of
all firearms or other deadly weapons that are in the possession of
the licensee or of any employee while on duty. Within seven days
after a licensee or his or her employees discover that a deadly
weapon that has been recorded as being in his or her possession has
been misplaced, lost, or stolen, or is in any other way missing, the
licensee or his or her manager shall mail or deliver to any local law
enforcement agency that has jurisdiction, a written report
concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Fail to properly maintain an accurate and current record of
the name, address, commencing date of employment, and position of
each employee, and the date of termination of employment when an
employee is terminated.
(c) Fail to properly maintain an accurate and current record of
proof of completion by each employee of the licensee of the course of
training in the exercise of the power to arrest as required by
Section 7583.5, the security officer skills training required by
subdivision (b) of Section 7583.6, and the annual practice and review
required by subdivision (f) of Section 7583.6.
(d) Fail to certify an employee's completion of the course of
training in the exercise of the power to arrest prior to placing the
employee at a duty station.
(e) Fail to certify proof of current and valid registration for
each employee who is subject to registration.
(f) Permit any employee to carry a firearm or other deadly weapon
without first ascertaining that the employee is proficient in the use
of each weapon to be carried. With respect to firearms, evidence of
proficiency shall include a certificate from a firearm training
facility approved by the director certifying that the employee is
proficient in the use of that specified caliber of firearm and a
current and valid firearm qualification permit issued by the
department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(g) Fail to deliver to the director a written report describing
fully the circumstances surrounding the discharge of any firearm, or
physical altercation with a member of the public while on duty, by a
licensee or any officer, partner, or employee of a licensee while
acting within the course and scope of his or her employment within
seven days after the incident. For the purposes of this subdivision,
a report shall be required only for physical altercations that result
in any of the following: (1) the arrest of a security guard, (2) the
filing of a police report by a member of the public, (3) injury on
the part of a member of the public that requires medical attention,
or (4) the discharge, suspension, or reprimand of a security guard by
his or her employer. The report shall include, but not be limited
to, a description of any injuries or damages incurred, the identity
of all participants, and whether a police investigation was
conducted. Any report may be investigated by the director to
determine if any disciplinary action is necessary.
(h) Fail to notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(i) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.

7583.3. No person required to be registered as a security guard
pursuant to this chapter shall do any of the following:
(a) Fail to carry on his or her person, while on duty, a valid and
current security guard registration card.
(b) Fail to carry on his or her person a valid and current
firearms permit when carrying a firearm on duty.
(c) Carry or use a firearm unless he or she possesses a valid and
current firearms permit issued pursuant to this chapter.
(d) Fail to report to his or her employer within 24 hours of the
incident the circumstances surrounding any incident involving the
discharge of any firearm in which he or she is involved while acting
within the course and scope of his or her employment.

7583.4. Any person registered as a security guard or patrolperson
shall deliver to the director a written report describing fully the
circumstances surrounding any incident involving the discharge of any
firearm in which he or she was involved while acting within the
course and scope of his or her employment, within seven days after
the incident. The report shall be made on a form prescribed by the
director which shall include, but not be limited to, the following:
(a) The name, address, and date of birth of the guard or
patrolperson.
(b) The registration number of the guard or patrolperson.
(c) The firearm permit number and baton permit number of the guard
or patrolperson, if applicable.
(d) The name of the employer of the person.
(e) The description of any injuries and damages that occurred.
(f) The identity of all participants in the incident.
(g) Whether a police investigation was conducted relating to the
incident.
(h) The date and location of the incident. Any report may be
investigated by the director to determine if any disciplinary action
is necessary.
A copy of the report delivered to the director pursuant to this
section shall also be delivered within seven days of the incident to
the local police or sheriff's department which has jurisdiction over
the geographic area where the incident occurred.

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 of training 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.

7583.6. (a) A person entering the employ of a licensee to perform
the functions of a security guard or a security patrolperson shall
complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.
(b) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months from the date the
registration card is issued. Sixteen of the 32 hours shall be
completed within 30 days from the date the registration card is
issued.
(c) A course provider shall issue a certificate to a security
guard upon satisfactory completion of a required course, conducted in
accordance with the department's requirements. A private patrol
operator may provide training programs and courses in addition to the
training required in this section. A registrant who is unable to
provide his or her employing licensee the certificate of satisfactory
completion required by this subdivision shall complete 16 hours of
the training required by subdivision (b) within 30 days of the date
of his employment and shall complete the 16 remaining hours within
six months of his or her employment date.
(d) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private patrol operators, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department may
approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee shall maintain at the principal place of business
or branch office a record verifying completion of the review or
practice training for a period of not less than two years. The
records shall be available for inspection by the bureau upon request.
(g) This section does not apply to a peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards.
(h) This section shall become operative on July 1, 2004.

7583.7. (a) The course of training in the exercise of the power to
arrest may be administered, tested, and certified by any licensee or
by any organization or school approved by the department. The
department may approve any person or school to teach the course in
the exercise of the power to arrest. The course of training shall be
approximately eight hours in length and shall cover the following
topics:
(1) Responsibilities and ethics in citizen arrest.
(2) Relationship between a security guard and a peace officer in
making an arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical
emergencies.
(9) Security officer safety.
(10) Any other topic deemed appropriate by the bureau.
(b) The majority of the course shall be taught by means of verbal
instruction. This instruction may include the use of a video
presentation.
(c) The department shall make available a guidebook as a standard
for teaching the course in the exercise of the power to arrest. The
department shall encourage additional training and may provide a
training guide recommending additional courses to be taken by
security personnel.
(d) Private patrol operators shall provide a copy of the guidebook
described in subdivision (c) to each person that they currently
employ as a security guard and to each individual that they intend to
hire as a security guard. The private patrol operator shall provide
the guidebook to each person he or she intends to hire as a security
guard a reasonable time prior to the time the person begins the
course in the exercise of the power to arrest.
(e) The bureau may inspect, supervise, or view the administration
of the test at any time and without any prior notification. Any
impropriety in the administration of the course or the test shall
constitute grounds for disciplinary action.
(f) This section shall become operative on July 1, 2004.

7583.8. No employee of a licensee who performs the function of a
security guard or security patrolperson shall be issued a
registration card until there is proper certification by the
instructor that the exercise of the power to arrest course has been
taught and the employee's certification that the instruction was
received has been delivered to the department. Except as provided in
subdivision (f) of Section 7583.9, no security guard registration
shall be issued until a criminal history background check has been
completed pursuant to subdivision (e) of Section 7583.9 and a
determination has been made by the bureau.

7583.9. (a) Upon accepting employment by a private patrol operator,
any employee who performs the function of a security guard or
security patrolperson who is not currently registered with the
bureau, shall complete an application for registration on a form as
prescribed by the director, and obtain two classifiable fingerprint
cards for submission to the Department of Justice. The applicant
shall submit the application, the registration fee, and his or her
fingerprints to the bureau. The bureau shall forward the classifiable
fingerprint cards to the Department of Justice. The Department of
Justice shall forward one classifiable fingerprint card to the
Federal Bureau of Investigation for purposes of a background check.
(b) If a private patrol operator pays the application fee on
behalf of the applicant, nothing in this section shall preclude the
private patrol operator from withholding the amount of the fee from
the applicant's compensation.
(c) The licensee shall maintain supplies of applications and
fingerprint cards that shall be provided by the bureau upon request.
(d) In lieu of classifiable fingerprint cards provided for in this
section, the bureau may authorize applicants to submit their
fingerprints into an electronic fingerprinting system administered by
the Department of Justice. Applicants who submit their fingerprints
by electronic means shall have their fingerprints entered into the
system through a terminal operated by a law enforcement agency or
other facility authorized by the Department of Justice to conduct
electronic fingerprinting. The enforcement agency responsible for
operating the terminal may charge a fee sufficient to reimburse it
for the costs incurred in providing this service.
(e) Upon receipt of an applicant's electronic or hard card
fingerprints as provided in this section, the Department of Justice
shall disseminate the following information to the bureau:
(1) Every conviction rendered against the applicant.
(2) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(f) (1) The requirement in subdivision (a) to submit a fingerprint
card does not apply to any of the following:
(A) A currently employed, full-time peace officer holding peace
officer status under Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code.
(B) A level I or level II reserve officer under paragraphs (1) and
(2) of subdivision (a) of Section 832.6 of the Penal Code.
(2) An individual listed in subparagraph (A) or (B) of paragraph
(1) may immediately perform the functions of a security guard or
security patrolperson provided that he or she has submitted an
application, the applicable fees, and his or her fingerprints, if
required to submit fingerprints pursuant to subdivision (a), to the
bureau for a security guard registration.
(3) This subdivision does not apply to a peace officer required to
obtain a firearm qualification card pursuant to Section 7583.12.
(g) Peace officers exempt from the submission of classifiable
fingerprints pursuant to subdivision (f) shall submit verification of
their active duty peace officer status to the bureau with their
application for registration. A photocopy of the front and back of
their peace officer identification badge shall be adequate
verification.
(h) Peace officers exempt from the submission of classifiable
fingerprints pursuant to subdivision (f) shall report a change in
their active duty peace officer status to the bureau within 72 hours
of the change in active duty peace officer status.
(i) (1) Peace officers exempt from obtaining a firearm
qualification card pursuant to subdivision (c) of Section 7583.12
shall submit to the bureau with their application for registration a
letter of approval from his or her primary employer authorizing him
or her to carry a firearm while working as a security guard or
security officer.
(2) For purposes of this section, "primary employer" means a
public safety agency currently employing a peace officer subject to
this section.
(j) In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed three
dollars ($3) for processing classifiable fingerprint cards submitted
by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
(k) An employee shall, on the first day of employment, display to
the client his or her registration card if it is feasible and
practical to comply with this disclosure requirement. The employee
shall thereafter display to the client his or her registration card
upon the request of the client.

7583.10. The application shall be verified and shall include all of
the following:
(a) The full name, residence address, telephone number, and date
of birth of the employee.
(b) The name, address, telephone number, and license number of the
employer and the date the employment commenced.
(c) The signature of the employee and the employer's certification
that the employee has received a course in the exercise of the power
to arrest.
(d) A statement as to whether the employee has been convicted of a
misdemeanor, excluding minor traffic violations.
(e) A statement as to whether the employee has been convicted of a
felony.
(f) The application fee provided for in this chapter or the
regulations adopted pursuant thereto, except as provided in Section
7583.9.

7583.12. (a) No employee of a licensee shall carry or use a firearm
unless the employee has in his or her possession both of the
following:
(1) A valid guard registration card issued pursuant to this
chapter.
(2) A valid firearm qualification card issued pursuant to this
chapter.
(b) Paragraph (2) of 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, 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 subdivision (a)
of Section 12027 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) (1) This section 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, who has written approval from
his or her primary employer, as defined in paragraph (2) of
subdivision (i) of Section 7583.9, to carry a firearm while working
as a security guard or security officer.
(2) A peace officer exempt under this subdivision shall carry on
his or her person a letter of approval from his or her primary
employer authorizing him or her to carry a firearm while working as a
security guard or security officer.

7583.12. (a) No employee of a licensee shall carry or use a firearm
unless the employee has in his or her possession both of the
following:
(1) A valid guard registration card issued pursuant to this
chapter.
(2) A valid firearm qualification card issued pursuant to this
chapter.
(b) Paragraph (2) of 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, 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) (1) This section 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, who has written approval from
his or her primary employer, as defined in paragraph (2) of
subdivision (i) of Section 7583.9, to carry a firearm while working
as a security guard or security officer.
(2) A peace officer exempt under this subdivision shall carry on
his or her person a letter of approval from his or her primary
employer authorizing him or her to carry a firearm while working as a
security guard or security officer.

7583.13. (a) The bureau, upon receipt of a criminal offense record
or record of a subsequent arrest from the Department of Justice,
shall make an immediate determination of fitness of (1) applicants
for registration under this article, or (2) applicants for firearm
qualification cards, when information contained in the records of the
Department of Justice makes this determination possible.
Applications of those determined to be unfit shall be immediately
denied.
(b) The bureau shall keep a current and accurate record of the
individuals who have applied for and been denied registration under
this article or a firearms qualification card. A list consisting of
individual names and other pertinent identifying information may be
made of those individuals who have been denied registration. The list
may be updated bimonthly and made available to interested licensees
and law enforcement agencies.

7583.14. (a) If the chief determines that an applicant's criminal
history contains open arrest information, the chief shall issue a
notice to the applicant allowing 45 days for the applicant to provide
documentation concerning the disposition of the arrest or arrests.
(b) The notice shall be sent to the applicant at his or her last
known residential address and shall provide sufficient information to
assist the applicant in complying with the chief's request. If the
applicant fails to respond within 45 days, the applicant's employment
shall be automatically suspended until the bureau obtains the
necessary documentation to approve or deny the application, or
suspend the registration.

7583.15. If the director determines that continued employment of an
applicant, firearms qualification cardholder, or registrant, in his
or her current capacity, may present an undue hazard to the public
safety, the licensee, upon proper notification from the director,
shall suspend the applicant, firearms qualification cardholder, or
registrant from employment in that capacity.
A registrant, firearms qualification card holder, or applicant may
request a review by the Private Security Disciplinary Review
Committee as set forth in Section 7581.3 to appeal the suspension.

7583.16. (a) The director may refuse to register any employee, or
may suspend or revoke a previously issued registration, if the
individual has committed any action which, if committed by a
licensee, would be grounds for refusing to issue a license, or for
the suspension or revocation of a license issued under this chapter.
(b) The denial of an application for registration under this
article shall be in writing and shall describe the basis for the
denial. The denial shall inform the applicant that if he or she
desires a review by a disciplinary review committee to contest the
denial, the review shall be requested of the director within 30 days
following notice of the issuance of the denial.

7583.17. (a) Upon approval of an application for registration, the
chief shall cause to be issued to the applicant at his or her last
known residential address a registration card in a form approved by
the director.
(b) A person may work as a security guard or security patrolperson
pending receipt of the registration card if he or she has been
approved by the bureau and carries on his or her person a hardcopy
printout of the bureau's approval from the bureau's Web site and a
valid picture identification.
(c) In the event of the loss or destruction of the card, the
cardholder may apply to the bureau for a certified replacement of the
card, stating the circumstances surrounding the loss, and pay a ten
dollar ($10) certification fee, whereupon the bureau shall issue a
certified replacement of the card.

7583.18. A qualified manager who complies with Section 7582.22 is
not required to register under this article.

7583.19. A licensee shall at all times be responsible for
ascertaining that those of his or her employees who are subject to
registration are currently registered or have made proper application
for registration as provided in this article. A licensee may not
have in his or her employment a person whose registration has expired
or been revoked, denied, suspended, or canceled.

7583.20. (a) A registration issued under this chapter expires two
years following the date of issuance or on the assigned renewal date.
Every security guard issued a registration under this chapter that
expires on or after January 1, 1997, and who is also issued or renews
a firearms qualification card on or after January 1, 1997, shall be
placed on a cyclical renewal so that the registration expires on the
expiration date of the firearms qualification card. Notwithstanding
any other provision of law, the bureau is authorized to extend or
shorten the first term of registration following January 1, 1997, and
to prorate the required registration fee in order to implement this
cyclical renewal. At least 60 days prior to the expiration, a
registrant seeking to renew a security guard registration shall
forward to the bureau a completed registration renewal application
and the renewal fee. The renewal application shall be on a form
prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(b) The licensee shall provide to any employee information
regarding procedures for renewal or registration.
(c) In the event a registrant fails to request a renewal of his or
her registration as provided for in this chapter, the registration
shall expire as indicated on the registration. If the registration is
renewed within 60 days after its expiration, the registrant, as a
condition precedent to renewal, shall pay the renewal fee and the
delinquency fee.
(d) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration, but not less than twenty-five dollars
($25).
(e) If the renewed registration card has not been delivered to the
registrant prior to the expiration of the prior registration, the
registrant may present evidence of renewal to substantiate continued
registration for a period not to exceed 90 days after the date of
expiration.
(f) A registration may not be renewed or reinstated unless a
registrant meets both of the following requirements:
(1) All fines assessed pursuant to Section 7587.7 and not resolved
in accordance with the provisions of that section have been paid.
(2) On and after July 1, 2005, the registrant certifies, on a form
prescribed by the bureau, that he or she has completed the 32 hours
of the training required by subdivision (b) of Section 7583.6.

7583.21. The registration of a security guard shall be
automatically suspended if the guard is convicted of any crime which
is substantially related to the functions, duties, and
responsibilities of a security guard. The automatic suspension shall
be effectuated by the mailing of a notice of conviction and
suspension of license to be sent by the bureau to the registered
guard at his or her address of record. A copy of the notice shall be
sent to the private patrol operator employing the guard with notice
that the employer shall suspend any and all employment of the guard
forthwith. The notice shall contain a statement of preliminary
determination by the director or his or her designee that the crime
stated is reasonably related to the functions, duties, and
responsibilities of a security guard. Upon proper request by the
guard, a hearing shall be convened within 60 days of the request,
before the private security disciplinary review committee, as
specified in Section 7581.3, for a determination as to whether the
automatic suspension shall be made permanent or whether the
registration shall be revoked or the guard otherwise disciplined.
In enacting this provision, the Legislature finds and declares
that registered guards convicted of the commission of crimes
reasonably related to the functions, duties, and responsibilities of
a security guard shall be subject to automatic suspension of their
license and that summary suspension is justified by compelling state
interests of public safety and security within the meaning of the
California Supreme Court's decision in Eye Dog Foundation v. State
Board of Guide Dogs for the Blind, 67 Cal. 2d 536.

7583.22. (a) A licensee, qualified manager of a licensee, or
security guard who, in the course of his or her employment, may be
required to carry a firearm shall, prior to carrying a firearm, do
both of the following:
(1) Complete a course of training in the carrying and use of
firearms.
(2) Receive a firearms qualification card or be otherwise
qualified to carry a firearm as provided in Section 7583.12.
(b) A licensee shall not permit an employee to carry or use a
loaded or unloaded firearm, whether or not it is serviceable or
operative, unless the employee possesses a valid and current firearms
qualification card issued by the bureau or is so otherwise qualified
to carry a firearm as provided in Section 7583.12.
(c) A pocket card issued by the bureau pursuant to Section 7582.13
may also serve as a firearms qualification card if so indicated on
the face of the card.
(d) Paragraph (1) of subdivision (a) shall not apply to a peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who has successfully completed a
course of study in the use of firearms.
(e) This section shall become operative on January 1, 1998.

7583.23. The bureau shall issue a firearms permit when all of the
following conditions are satisfied:
(a) The applicant is a licensee, a qualified manager of a
licensee, or a registered uniformed security guard.
(b) A certified firearms training instructor has certified that
the applicant has successfully completed a written examination
prepared by the bureau and training course in the carrying and use of
firearms approved by the bureau.
(c) The applicant has filed with the bureau a classifiable
fingerprint card, a completed application for a firearms permit on a
form prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(d) 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, or
that the carrying and use of a firearm by the applicant is not in
violation of the Penal Code.
(e) The applicant has produced evidence to the firearm training
facility that he or she is a citizen of the United States or has
permanent legal alien status in the United States. Evidence of
citizenship or permanent legal alien status shall be that deemed
sufficient by the bureau to ensure compliance with federal laws
prohibiting possession of firearms by persons unlawfully in the
United States and may include, but not be limited to, Department of
Justice, Immigration and Naturalization Service Form I-151 or I-551,
Alien Registration Receipt Card, naturalization documents, or birth
certificates evidencing lawful residence or status in the United
States.
(f) The application is accompanied by the application fees
prescribed in this chapter.

7583.24. (a) The bureau shall not issue a firearm permit if the
applicant is prohibited from possessing, receiving, owning, or
purchasing a firearm pursuant to state or federal law.
(b) Before issuing an initial firearm permit the bureau shall
provide the Department of Justice with the name, address, social
security number, and fingerprints of the applicant.
(c) The Department of Justice shall inform the bureau, within 60
days from receipt of the information specified in subdivision (b), of
the applicant's eligibility to possess, receive, purchase, or own a
firearm pursuant to state and federal law.
(d) An applicant who has been denied a firearm permit based upon
subdivision (a) may reapply for the permit after the prohibition
expires. The bureau shall treat this application as an initial
application and shall follow the required screening process as
specified in this section.

7583.25. (a) The bureau shall not renew a firearm permit if the
applicant is prohibited from possessing, receiving, purchasing, or
owning a firearm pursuant to state or federal law.
(b) Before renewing a firearm permit, the bureau shall provide the
Department of Justice with the information necessary to identify the
renewal applicant. No firearm permit shall be renewed if the
expiration date of the permit is between October 1, 1993, and October
1, 1994, unless the application for renewal is also accompanied by a
classifiable fingerprint card and the fingerprint processing fees
for that card.
(c) The Department of Justice shall inform the bureau, within 30
days of receipt of the information specified in subdivision (b), of
the renewal applicant's eligibility to possess, receive, purchase, or
own a firearm pursuant to state and federal law.
(d) An applicant who is denied a firearm permit renewal based upon
subdivision (a) may reapply for the permit after the prohibition
expires. The bureau shall treat this as an initial application and
shall follow the screening process specified in Section 7583.24.

7583.26. (a) The Department of Justice may charge the bureau a fee
sufficient to reimburse the department's costs for furnishing firearm
eligibility information upon submission of the application for
issuance or renewal of a firearm permit. The fee charged shall not
exceed the actual costs for system development, maintenance, and
processing necessary to provide this service.
(b) The bureau shall collect the fee described in subdivision (a)
for all initial and renewal applications for firearm permits.

7583.27. A firearm permit shall be automatically revoked if at any
time the Department of Justice notifies the bureau that the holder of
the firearm permit is prohibited from possessing, receiving, or
purchasing a firearm pursuant to state or federal law. Following the
automatic revocation, an administrative hearing shall be provided
upon written request to the bureau in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.

7583.28. If an applicant fails to complete his or her application
within one year after it has been filed, the application shall be
considered to be abandoned. An application submitted subsequent to
the abandonment of the former application shall be treated as a new
application.

7583.29. If a firearms permit is denied, the denial of the permit
shall be in writing and shall describe the basis for the denial. The
denial shall inform the applicant that if he or she desires a review
by a disciplinary review committee to contest the denial, the review
shall be requested of the director within 30 days following notice of
the issuance of the denial. However, no review or hearing shall be
granted to an individual who is otherwise prohibited by law from
carrying a firearm.

7583.30. The firearms qualification card, if 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 bureau for a certified replacement of
the card, stating the circumstances surrounding the loss, and pay a
ten dollar ($10) certification fee, whereupon the bureau shall issue
a certified replacement of the card.

7583.31. A firearms qualification card does not authorize the
holder thereof to carry a pistol, revolver, or other firearm capable
of being concealed upon the person in a concealed manner pursuant to
Section 12050 of the Penal Code.

7583.31. A firearms qualification card does not authorize the
holder thereof to carry a pistol, revolver, or other firearm capable
of being concealed upon the person in a concealed manner pursuant to
Section 26150, 26155, 26170, or 26215 of the Penal Code.

7583.32. (a) A firearms qualification card expires two years from
the date of issuance, if not renewed. A person who wishes to renew a
firearms qualification card shall file an application for renewal at
least 60 days prior to the card's expiration. A person whose card has
expired shall not carry a firearm until he or she has been issued a
renewal card by the bureau.
(b) The bureau shall not renew a firearms qualification card
unless all of the following conditions are satisfied:
(1) The cardholder has filed with the bureau a completed
application for renewal of a firearms qualification card, on a form
prescribed by the director, dated and signed by the applicant under
penalty of perjury certifying that the information on the application
is true and correct.
(2) The applicant has requalified on the range and has
successfully passed a written examination based on course content as
specified in the firearms training manual approved by the department
and taught at a training facility approved by the bureau.
(3) The application is accompanied by a firearms requalification
fee as prescribed in this chapter.
(4) The applicant has produced evidence to the firearm training
facility, either upon receiving his or her original qualification
card or upon filing for renewal of that card, that he or she is a
citizen of the United States or has permanent legal alien status in
the United States. Evidence of citizenship or permanent legal alien
status is that deemed sufficient by the bureau to ensure compliance
with federal laws prohibiting possession of firearms by persons
unlawfully in the United States and may include, but not be limited
to, Department of Justice, Immigration and Naturalization Service
Form I-151 or I-551, Alien Registration Receipt Card, naturalization
documents, or birth certificates evidencing lawful residence or
status in the United States.
(c) An expired firearms qualification card may not be renewed. A
person with an expired registration is required to apply for a new
firearms qualification in the manner required of persons not
previously registered. A person whose card has expired shall not
carry a firearm until he or she has been issued a new firearms
qualification card by the bureau.

7583.33. (a) Any licensee, qualified manager, or a registered
uniformed security guard who wishes to carry a baton in the
performance of his or her duties, shall qualify to carry the weapon
pursuant to Article 5 (commencing with Section 7585).
(b) Subdivision (a) does not apply to a peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code who has successfully completed a course of study in
the use of batons.

7583.34. A licensee shall not permit any employee to carry a baton
prior to ascertaining that the employee is proficient in the use of
the weapon. Evidence of proficiency shall include a certificate from
a baton training facility approved by the bureau which certifies that
the employee is proficient in the use of the baton.

7583.35. Every licensee, qualified manager, or a registered
uniformed security guard, who in the course of his or her employment
carries tear gas or any other nonlethal chemical agent, shall
complete the required course pursuant to Section 12403.5 of the Penal
Code.

7583.35. Every licensee, qualified manager, or a registered
uniformed security guard, who in the course of his or her employment
carries tear gas or any other nonlethal chemical agent, shall
complete the required course pursuant to Section 22835 of the Penal
Code.

7583.36. A licensee shall not permit any employee to carry tear gas
or any other nonlethal chemical agent prior to ascertaining that the
employee is proficient in the use of tear gas or other nonlethal
chemical agent. Evidence of proficiency shall include a certificate
from a training facility approved by the Department of Consumer
Affairs, Bureau of Security and Investigative Services that the
person is proficient in the use of tear gas or any other nonlethal
chemical agent.

7583.37. The director may assess fines as enumerated in Article 7
(commencing with Section 7587). Assessment of administrative fines
shall be independent of any other action by the bureau or any local,
state, or federal governmental agency that may result from a
violation of this article. In addition to other prohibited acts under
this chapter, no licensee, qualified manager, or registered security
guard shall, during the course and scope of licensed activity, do
any of the following:
(a) Carry any inoperable, replica, or other simulated firearm.
(b) Use a firearm in violation of the law, or in knowing violation
of the standards for the carrying and usage of firearms as taught in
the course of training in the carrying and use of firearms. Unlawful
or prohibited uses of firearms shall include, but not be limited to,
the following:
(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 while under the
influence of alcohol or dangerous drugs.
(6) Carrying or using a firearm of a caliber for which a firearms
permit has not been issued by the bureau.
(c) Carry or use a baton in the performance of his or her duties,
unless he or she has in his or her possession a valid baton
certificate issued pursuant to Section 7585.14.
(d) 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 any other nonlethal chemical agent.
(e) Carry a concealed pistol, revolver, or other firearm capable
of being concealed upon the person unless one of the following
circumstances applies:
(1) The person has been issued a permit to carry a pistol,
revolver, or other firearm capable of being concealed upon the person
in a concealed manner by a local law enforcement agency pursuant to
Section 12050 of the Penal Code.
(2) The person is employed as a guard or messenger of a common
carrier, bank, or other financial institution and he or she carries
the weapon while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state, as specified in
subdivision (e) of Section 12027 of the Penal Code.
(3) The person is an honorably retired peace officer authorized to
carry a concealed firearm pursuant to subdivision (a) or (i) of
Section 12027 of the Penal Code.
(4) 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 subdivision (a)
of Section 12027 of the Penal Code.

7583.37. The director may assess fines as enumerated in Article 7
(commencing with Section 7587). Assessment of administrative fines
shall be independent of any other action by the bureau or any local,
state, or federal governmental agency that may result from a
violation of this article. In addition to other prohibited acts under
this chapter, no licensee, qualified manager, or registered security
guard shall, during the course and scope of licensed activity, do
any of the following:
(a) Carry any inoperable, replica, or other simulated firearm.
(b) Use a firearm in violation of the law, or in knowing violation
of the standards for the carrying and usage of firearms as taught in
the course of training in the carrying and use of firearms. Unlawful
or prohibited uses of firearms shall include, but not be limited to,
the following:
(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 while under the
influence of alcohol or dangerous drugs.
(6) Carrying or using a firearm of a caliber for which a firearms
permit has not been issued by the bureau.
(c) Carry or use a baton in the performance of his or her duties,
unless he or she has in his or her possession a valid baton
certificate issued pursuant to Section 7585.14.
(d) 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 any other nonlethal chemical agent.
(e) Carry a concealed pistol, revolver, or other firearm capable
of being concealed upon the person unless one of the following
circumstances applies:
(1) The person has been issued a permit to carry a pistol,
revolver, or other firearm capable of being concealed upon the person
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 employed as a guard or messenger of a common
carrier, bank, or other financial institution and he or she carries
the weapon while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state, as specified in Section
25630 of the Penal Code.
(3) 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.
(4) 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.

7583.38. A city, county, or city and county may regulate the
uniforms and insignias worn by uniformed employees of a private
patrol operator and vehicles used by a private patrol operator to
make the uniforms and vehicles clearly distinguishable from the
uniforms worn by, and the vehicles used by, local regular law
enforcement officers.

7583.39. No private patrol operator who employs a security guard
who carries a firearm as part of his or her duties shall engage in
any of the practices for which he or she is required to be licensed
by this chapter, unless he or she maintains an insurance policy as
defined in Section 7583.40.

7583.40. "Insurance policy," as used in this article, means a
contract of liability insurance issued by an insurance company
authorized to transact business in this state which provides minimum
limits of insurance of five hundred thousand dollars ($500,000) for
any one loss due to bodily injury or death and five hundred thousand
dollars ($500,000) for any one loss due to injury or destruction of
property.

7583.41. Proof that a licensee maintains an insurance policy as
required by this article shall be provided by the licensee to the
bureau upon demand.

7583.42. The failure of a private patrol operator to maintain an
insurance policy as required by this article shall constitute grounds
for the suspension of the private patrol operator's license.

7583.45. (a) After July 1, 2000, every security guard working on
the property of a public K-12 school district or community college
district pursuant to a contract with a private licensed security
agency who works more than 20 hours per week, shall complete a course
of training developed no later than July 1, 1999, by the Bureau of
Security and Investigative Services of the Department of Consumer
Affairs. The course shall be developed in consultation with the
Commission on Peace Officer Standards and Training.
(b) No security guard required to register pursuant to this
chapter who completes the course of training specified in subdivision
(a) shall be hired on contract to work or shall continue to work as
a school security officer on the property of a K-12 or community
college school district after July 1, 2000, unless both of the
following conditions are met:
(1) (A) The applicant or contracted employee has submitted two
copies of his or her fingerprints on forms or electronically, as
prescribed by the Department of Justice, to the Bureau of Security
and Investigative Services of the Department of Consumer Affairs. The
Bureau of Security and Investigative Services of the Department of
Consumer Affairs shall submit the fingerprints to the Department of
Justice, which shall submit one copy of the fingerprints to the
United States Federal Bureau of Investigation.
(B) An applicant or contracted employee who holds a permanent
registration with the Bureau of Security and Investigative Services
as a security guard need only submit one copy of his or her
fingerprints, which copy shall be submitted to the United States
Federal Bureau of Investigation.
(C) An applicant or contracted employee who is registered by the
Bureau of Security and Investigative Services, and who holds a
firearms qualification card as specified in Section 7583.22, is
exempt from the requirements of this subdivision.
(2) The applicant or contracted employee has been determined not
to be prohibited from employment by a K-12 school district pursuant
to Sections 44237 and 45122.1 of the Education Code or legally
prohibited from employment by a community college, and had been
determined by the Department of Justice not to be a person prohibited
from possessing a firearm if the applicant is required to carry a
firearm.
The Department of Justice may participate in the National Instant
Criminal Background Check System (NICS) in lieu of submitting
fingerprints to the United States Federal Bureau of Investigation in
order to meet the requirements of this subdivision relating to
firearms.
(c) For the purposes of this section, "security guard" means any
person primarily employed or assigned to provide security services as
a watchperson, security guard, or patrolperson on or about premises
owned or operated by a school district to protect persons or
property, to prevent the theft or unlawful taking of district
property of any kind, or to report any unlawful activity to the
district and local law enforcement agencies.

7583.46. (a) (1) It shall be a violation of Section 1102.5 of the
Labor Code for a private patrol operator to discharge, demote,
threaten, or in any manner discriminate against an employee in the
terms and conditions of his or her employment, for disclosing
information or causing information to be disclosed, to a government
or law enforcement agency, when the information is related to conduct
proscribed in this chapter.
(2) A private patrol operator who intentionally violates this
subdivision shall be liable in an action for damages brought against
him or her by the injured party.
(b) A person who believes that he or she has been discharged,
demoted, threatened, or in any other manner discriminated against in
the terms and conditions of his or her employment, because that
person disclosed or caused information to be disclosed to a
government or law enforcement agency, may bring a claim against the
private patrol operator within three years of the date of the
discharge, demotion, threat, or discrimination.
(c) Neither the bureau nor the department is responsible for
resolving claims under this section.