SECTIONS 7596-7596.13 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7596-7596.13

7596. Every person licensed, registered, or designated under this
chapter, who in the course of his or her employment carries a
firearm, shall complete a course of training in the carrying and use
of firearms and shall receive a firearms qualification card prior to
the carrying of such a firearm and shall complete a course in the
exercise of the powers to arrest. A registration card issued by the
bureau pursuant to Section 7598.14 may also serve as a firearms
qualification card if so indicated on the face of the card.

7596.3. The director shall issue a firearms permit when all of the
following conditions exist:
(a) The applicant is a licensee, a qualified manager of a
licensee, a designated branch office manager of a licensee, or a
registered alarm agent.
(b) 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.
(c) A certified firearms training instructor certifies that the
applicant has successfully completed the bureau-approved training
course in the carrying and use of firearms.
(d) The applicant has provided the bureau with evidence that the
applicant has completed a course in the exercise of the powers to
arrest.
(e) 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
the carrying and use of a firearm by the applicant is not in
violation of the Penal Code.
(f) 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.
(g) The application is accompanied by the fee prescribed in this
chapter.

7596.4. 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 the Alarm Company Operator Disciplinary Review Committee or a
hearing to contest the denial, the review or hearing shall be
requested within 30 days of the issuance of the denial.
A review or hearing shall be held pursuant to Section 7591.19.
However, no review or hearing shall be granted to an individual who
is otherwise prohibited by law from carrying a firearm.

7596.5. The firearms qualification card 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.

7596.6. 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.

7596.6. 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.

7596.7. 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.
The director shall not renew a firearms qualification card unless
all of the following conditions exist:
(a) 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.
(b) The application is accompanied by a firearms requalification
fee as prescribed in this chapter.
(c) 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.
(d) During calendar year 1985, 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. Such 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.
(e) An expired firearms qualification card may not be renewed. A
person with an expired firearms qualification card is required to
apply for a new card 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.

7596.8. (a) Effective October 1, 1993, 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.

7596.81. (a) Effective October 1, 1993, 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 under state and federal law to
possess, receive, purchase, or own a firearm.
(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 7596.8.

7596.82. (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.

7596.83. 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.

7596.12. Every person licensed, registered, or designated under
this chapter, who in the course of his or her employment carries tear
gas, or any other nonlethal chemical agent, shall complete the
course required pursuant to Section 12403.5 of the Penal Code.

7596.12. Every person licensed, registered, or designated under
this chapter, who in the course of his or her employment carries tear
gas, or any other nonlethal chemical agent, shall complete the
course required pursuant to Section 22835 of the Penal Code.

7596.13. 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 POST-approved or Department of Justice-approved
training facility that the person is proficient in the use of tear
gas or other nonlethal chemical agent.