Chapter 4.1. Registration And Assignment Of Firearms By Private Patrol Operators of California Penal Code >> Division 6. >> Title 4. >> Part 6. >> Chapter 4.1.
(a) The Legislature finds and declares that current
practices and statutes authorize the purchase, registration, and
ownership of firearms by an individual, but not by a business entity.
(b) It is the intent of the Legislature in enacting this chapter
to allow business ownership and registration of firearms in the case
of licensed Private Patrol Operators (PPOs) who are actively
providing armed private contract security services. It is further the
intent of the Legislature to establish procedures whereby a PPO may
assign firearms it owns to its employees who are licensed to carry
firearms and that assignment of a firearm by a PPO to that employee
would not constitute a loan, sale, or transfer of a firearm.
(c) It is the intent of the Legislature to require notification of
the Bureau of Security and Investigative Services any time a
security guard is listed on the Prohibited Armed Persons File so that
the bureau may proceed with appropriate action regarding the
licensing of the employee.
(d) For purposes of this chapter, the following definitions apply:
(1) "Bureau" means the Bureau of Security and Investigative
Services within the Department of Consumer Affairs.
(2) "Department" means the Department of Justice.
(3) "Director" means the Director of the Department of Consumer
(4) "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 whose
license is not suspended, revoked, expired, inactive, delinquent, or
(5) "Security guard" means a security guard registered pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code whose registration is not suspended,
revoked, expired, inactive, delinquent, or canceled.
(a) A PPO may be the registered owner of a firearm if the
PPO is registered with the department pursuant to procedures
established by the department.
(b) The department shall modify the department's Dealers' Record
of Sale (DROS) form to allow a PPO to be listed as the purchaser and
registered owner of a firearm. The form shall also require the PPO to
identify its type of business formation and to include any tax
identification number or other identifying number of the PPO that may
be required by the department.
(c) (1) The department shall modify the department's DROS form to
require the PPO to designate a "firearms custodian" for the firearm
owned by the PPO that is listed in the DROS. A firearms custodian
shall possess a valid firearms qualification permit issued by the
bureau. A firearms custodian is responsible for the tracking,
safekeeping, and inventory of those firearms of the PPO for which the
custodian is designated, and shall serve as a point of contact for
the department regarding the firearms for which the custodian is
(2) If a firearms custodian is no longer employed by the PPO in
that capacity, or otherwise becomes ineligible to be the firearms
custodian, the PPO shall notify the department of that fact within
seven days in a manner prescribed by the department, and the PPO
shall notify the department of the designated replacement firearms
custodian within 20 days of the original notice.
(d) A security guard shall possess a valid firearm qualification
permit issued by the bureau prior to receiving a firearm from a PPO
pursuant to a Certificate of Assignment (COA). A firearm shall be
assigned by a PPO to a security guard who is employed to work for the
PPO only when that employment requires the security guard to be
(e) (1) (A) The department shall prescribe a "Certificate of
Assignment" or "COA." The COA may include fields that are in the DROS
form, and shall be used to identify the employee of the PPO who has
been assigned a PPO-owned firearm by the PPO pursuant to this
(B) The COA shall also be used to identify an employee of the PPO
who will use his or her own firearm in the course of his or her
duties as a security guard. The COA shall not require specific
information regarding an employee-owned firearm.
(2) A PPO shall register a PPO-owned firearm acquired prior to
July 1, 2016, as a PPO-owned firearm in a manner prescribed by the
department prior to filing a COA for that firearm.
(3) Upon the PPO assigning a firearm to an employee who is a
security guard, the PPO shall complete the COA and file it with the
department in a timely manner as prescribed by the department.
(f) The department shall cause the information contained on the
COA to be entered into the Automated Firearms System in a timely
manner. Upon termination of the employment assignment that requires
the security guard to be armed and the transfer of the firearm from
the security guard back to the PPO, the PPO shall complete a COA
indicating that the firearm is no longer assigned to the employee and
that the firearm is in the possession of the PPO and shall file the
COA with the department in a timely manner, as prescribed.
(g) If a security guard becomes listed on the Prohibited Armed
Persons File, the department shall immediately notify the bureau of
the listing by secured electronic delivery. Upon that notification,
the bureau shall take appropriate action regarding the security
guard. In addition, the department shall notify the PPO, in the
manner the department deems appropriate, that the PPO employee is
prohibited from being armed. This chapter does not prohibit the
department from also notifying the bureau if a security guard has
been arrested and charged with an offense that, upon conviction,
would constitute a basis for revocation of a firearms qualification
permit or security guard registration.
The department shall charge a fee not to exceed the
reasonable costs to the department for filing and processing a COA,
and for the costs incurred in the implementation and administration
of this chapter, including, but not limited to, entering information
obtained pursuant to this chapter into the Automated Firearms System
and other databases as deemed necessary by the department. The fee
shall be deposited in the Dealers' Record of Sale Special Account.
(a) If the PPO ceases to do business, ceases to possess a
valid PPO license issued by the bureau that is not suspended,
revoked, expired, inactive, delinquent, or canceled, ceases as a
business entity, or changes its type of business formation, the PPO
shall, within 30 days and unless otherwise prohibited by law,
lawfully sell or transfer all PPO-owned firearms.
(b) A PPO shall notify the department of the sale or transfer of a
PPO-owned firearm within five business days of the transaction in a
manner prescribed by the department. This subdivision shall not apply
if the sale or transfer was made to or through a licensed firearms
dealer pursuant to Chapter 5 (commencing with Section 28050).
Notwithstanding any other law, an assignment of a firearm
pursuant to this chapter shall not constitute a loan, sale, or
transfer of a firearm.
(a) Within 48 hours of the PPO's request, for any reason, or
within 48 hours of separation of employment or revocation of the
firearm qualification card, the security guard shall return to the
PPO the firearm owned by the PPO and listed on a COA.
(b) The failure of a security guard to comply with subdivision (a)
is a misdemeanor.
(c) If a security guard employed by a PPO does not comply with
subdivision (a), the PPO shall notify the bureau within seven
business days from the date that the security guard was required to
return the firearm to the PPO.
(d) This chapter does not limit the right of a security guard to
use, possess, or otherwise lawfully carry a firearm owned by that
(a) The director, through his or her designee, may assess an
administrative fine of up to one thousand dollars ($1,000) against a
PPO or a security guard for each willful violation of this chapter.
All fines collected pursuant to this chapter shall be deposited in
the Private Security Services Fund.
(b) An assessment imposed pursuant to this section may be appealed
pursuant to Section 7581.3 of the Business and Professions Code.
This chapter shall become operative on July 1, 2016.