 |
State
Of California
Bureau
of Security & Investigative Services
Frequently Asked Questions (FAQ)
Some
excerpts from
the Frequently Asked Questions webpage:
IMPORTANT NOTICE:
Active duty peace officers should exercise caution when identifying
themselves as peace officers while working off-duty as bodyguards
or security officers. This is a very complex issue involving the
interplay of Penal Code Section 70, case law and the B&P Code.
The general rule that a peace officer is a peace officer 24 hours
a day on or off-duty may NOT apply when a peace officer is working
off-duty out of uniform. You are advised to seek legal advice and
follow the directions of your local law enforcement agency. You
are also advised to familiarize yourself with Melendez v City of
Los Angeles (1998) 63 Cal. App. 4th I; 73 Cal. Rpts. 2d 469.
Frequently Asked Questions About:
Active Duty Peace Officers, Retired Peace Officers and Reserve Peace
Officers
The Bureau of Security and Investigative Services (BSIS) receives
a wide variety of questions from and about peace officers. Below
are some of the most commonly asked questions and answers. The questions
are grouped by category, such as active duty peace officers and
firearms.
Please keep in mind that different laws apply to different situations.
For example, The Private Investigators Act covers private investigators
(PIs), while the Private Security Services Act covers private patrol
operators and security guards. Both these Acts are included in the
Business and Professions Code (B&P Code).
This is further complicated by the fact that active duty peace officers,
as defined in the Penal Code, have some limited exemptions in the
B&P Code that civilians and retired peace officers do NOT have.
For example, a security guard must possess a BSIS-issued baton permit
and work in a security guard uniform to carry a baton while on duty.
However, active duty peace officers are exempt from this requirement
as explained in the Q&A below.
ACTIVE DUTY PEACE OFFICERS EMPLOYED OFF-DUTY AS SECURITY GUARDS
(BODYGUARD), OR PROVIDING CONTRACT SECURITY GUARD (BODYGUARD) OR
CONTRACT PI SERVICES AND CARRYING A FIREARM OR A BATON
Q1: Is an active duty peace officer working off-duty as a bodyguard
in civilian clothes with a concealed firearm required to possess
a BSIS-issued exposed firearm permit and guard card?
A: Yes. An active duty peace officer must possess a BSIS-issued
exposed firearm permit and guard card to work in civilian clothes
as a bodyguard in an armed capacity.
Q2: What BSIS license and permit must an active duty peace officer
possess to provide armed bodyguard services for VIPs or celebrities?
A: A BSIS-issued Private Patrol Operators (PPO) license and an exposed
firearm permit is required. Only a licensed PPO may contract to
provide bodyguard services or security guard services to any person
or entity.
Q3: Why are California peace officers required to: (a) possess a
BSIS-issued exposed firearm permit and guard registration, be employed
as an armed security guard (or bodyguard); or (b) possess a BSIS-issued
exposed firearm permit and a PI license to provide armed PI services
on contract?
A: Since January 1, 1997, the law has required active duty peace
officers who work armed as security guards, or as armed contract
PIs, to possess a guard registration, or a PI license, AND an exposed
firearm permit issued by BSIS.
Q4: If California active duty peace officers are authorized to carry
a concealed weapon off-duty, why must an active duty peace officer
possess a BSIS issued guard card or PI license and exposed weapon
permit to work as an armed security guard (or bodyguard), or on
contract as an armed PI?
A: The Penal Code allows active duty peace officers to carry concealed
weapons off-duty. However, the Penal Code does NOT exempt active
duty peace officers from the requirements of the B&P Code. As stated
above, the Private Security Services Act (Div. 3, B&P Code, Ch.11.5),
and the Private Investigator Act (Div. 3, B&P Code, Ch.11.3), require
active duty peace officers who work off-duty as armed security guards
(bodyguards) or armed contract PIs to have a guard card or a PI
license and an exposed firearm permit.
Q5: May an active duty peace officer with a BSIS guard card and
exposed firearm permit contract with a VIP or celebrity to provide
bodyguard services in civilian clothes while carrying a firearm?
A: No. Only a BSIS licensed private patrol operator (PPO) may contract
to perform security guard or bodyguard services to any person or
business. An active duty peace officer with a guard card and an
exposed firearm permit issued by BSIS may perform armed security
guard (bodyguard) duties only as a security guard employee. The
employment relationship must be with either a PPO, who has the contract
to perform the service, or with the person or business for whom
the security service is being performed.
Q6: Is an active duty peace officer required to submit fingerprints
for a criminal record review as an applicant for a BSIS-issued guard
card, firearm permit, Private Patrol Operator license, or a PI license,
since as a peace officer, his/her prints are already on file with
DOJ?
A: Yes. The B&P Code requires that applicants undergo a BSIS criminal
record review. If an applicant does not submit fingerprints to DOJ,
BSIS is not authorized to receive the criminal record from DOJ.
Q7: When may an active duty peace officer begin working as an armed
guard (or bodyguard) once a completed guard and exposed firearm
application is submitted, including proof of peace officer status,
fingerprints and payment of all fees?
A: Immediately. Because active duty peace officers have undergone
a thorough background check, including a criminal record review,
and have extensive firearm training, they may begin working immediately
once they submit a completed application to BSIS. However, should
the criminal record review reveal a criminal or court record that
prohibits the applicant from working as an armed guard, the applicant
may NOT work as an armed guard, even if the applicant is an active
duty peace officer.
Q8: Is an active duty peace officer required to complete and pass
the BSIS firearm course in order to receive a BSIS exposed firearm
permit?
A: No. However, the applicant must submit proof of peace officer
status.
Q9: Is an active duty peace officer required to possess a BSIS-issued
baton permit to carry a baton on duty as a guard (bodyguard)?
A: No. The B&P Code exempts active duty peace officers from possessing
a BSIS baton permit when working off-duty as a guard (bodyguard).
Q10: Is an active duty peace officer who possesses a BSIS-issued
exposed firearm permit required to satisfy the BSIS firearm range
re-qualifications in order to renew the firearm permit?
A: No. Active duty peace officers who are authorized and qualified
by their employer (law enforcement agency) to carry a firearm are
exempt from the BSIS firearm re-qualifications.
Q11: May an active duty peace officer contract to provide armed
bodyguard services?
A: No. Only a person with a BSIS-issued private patrol operator's
license (PPO) may contract to provide security services. A PPO license
is required to provide security guard (bodyguard) services on contract
to any person or business. A security guard may not act as an independent
contractor to provide security services. A security guard must be
employed as an employee of either a PPO, or the person, or business
for whom the guard is providing security services.
Q12: May an active duty peace officer contract with a licensed PI
to perform PI duties?
A: No. Only a Licensed PI may contract to perform PI duties.
Q13: May an active duty peace officer with a PI license contract
to provide a bodyguard service?
A: No. A bodyguard is a security guard. Therefore, only a PPO may
contract to specifically provide a bodyguard service. However, a
PI who has a contract with a client, may provide a bodyguard service
to the client if that service is peripheral to an on-going PI contract.
An active duty peace officer must possess a guard card and an exposed
firearm permit to be employed as a bodyguard and work in civilian
clothes with a concealed weapon.
EDITOR'S NOTE: Also on the same web page are the following topics:
RETIRED PEACE OFFICERS
SECURITY GUARDS AND BODYGUARDS
EXPOSED FIREARM PERMIT AND CONCEALED FIREARM PERMIT (CCWS)
CONTRACT AND EMPLOYEE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For more information from the State of California
Frequently Asked Questions About Active Duty Peace Officers,
Retired Peace Officers and Reserve Peace Officers
Please call:
Noreene DeKoning -
916 / 322-7530
Rolando Taeza - 916 / 323-3058
Or visit the Bureau of Security and Investigative Services website:
http://www.dca.ca.gov/bsis/peace_officer.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
|
