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Resolution No. 73411 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING A CONCEALED WEAPON POLICY FOR THE CITY OF VERNON POLICE DEPARTMENT WHEREAS, in 1998, pursuant to Penal Code §12050.2, the California Legislature passed legislation requiring any authority responsible for issuing a license to carry a concealed weapons permit to publish and make available a written policy summarizing the provisions of Penal Code §12050(a)(1)(A) and (B); and WHEREAS, Penal Code §12050(a)(1)(B) authorizes the Chief of Police, under certain conditions, to issue a Concealed Weapons Permit; and WHEREAS, in order to satisfy the requirements of Penal Code §12050.2, the City Council of the City of Vernon desires to adopt a Concealed Weapons Policy for the City of Vernon Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City.Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the Concealed Weapon Policy for the City of Vernon Police Department, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Policy to be received and filed by the City Clerk. SECTION 3: The City Clerk of the City of Vernon shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 1st day of June, 1999. EONIS C. MAL URG, Ma or ATTEST• BRUCE V. MALKENHORST, City Clerk -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7341, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 1, 1999, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) -3- SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/ CITY CLERK INTER -OFFICE MEMORANDUM DATE: June 14, 1999 TO: Bruce Olson, Chief of Police Joan Francone, Risk Manager/Personnel Assistant FROM: Gloria J. Orosco, Chief Deputy City Clerk RE: Concealed Weapon Policy Transmitted herewith, for your files, is a copy of Resolution No. 7341 which was approved by City Council on June 1, 1999. ` s ` CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 25, 1999 City Council City of Vernon Honorable Members: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The Government Code requires the Police Department to maintain a "Carrying a Concealed Weapon," (CCW) permit policy file at all times which authorizes the Chief of Police, for good cause, to issue licenses to carry concealed weapons to qualified civilians. This policy has been reviewed by the Chief of Police and the City Attorney's office, and it is hereby recommended that the Policy be approved. Very truly yours, Bruce V. Malkenhorst City Clerk BVM:rcm VERNON POLICE DEPARTMENTI OFFICE MEMORANDUM May 12, 1999 TO: B.V. Malkenhorst, City Administrator FROM: Bruce W. Olson, Chief of Police SUBJECT: CCW Permits Sir: The Government Code requires us to maintain a "C.C.W." permit policy file at all times. Recently, I was examining my C.C.W. permit file and noticed some correspondence between Mr. Brearley and retired Chief Rosenkrantz about the pending adoption of our updated permit policy. I decided to verify that our C.C.W. permit policy had gone through City Council and upon checking our resolution file, it was learned that for unknown reasons (during the time Chief Rosenkrantz was here), this policy was never approved by Council. I immediately contacted Eddie Olivo and brought this to his attention and also furnished him with a copy of our C.C.W. permit policy. Eddie has reviewed it, and has indicated it is ready for Council review. I would now request that this issue be placed on the agenda for our City Council meeting, so it can be approved and a resolution be adopted. CONCEALED WEAPON POLICY CITY OF VERNON POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE California Penal Code Section 12050 authorizes the Chief of Police for good cause to issue licenses to carry concealed weapons (CCW) to qualified civilians. Section 12027 of the Penal Code also authorizes with certain exceptions, any "honorably retired" peace officer to carry a concealed weapon upon showing an identification certificate issued by the agency from which such peace officer is retired; petition to renew this privilege must be filed every five years for those officers .retiring after January 1, 1981. I. CIVILIAN CCW LICENSES A. The following qualifying factors must be considered before issuing a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. 1. The applicant shall be of good moral character. 2. Good cause for the issuance of the CCW license shall exist only if there is convincing evidence of a clear and present danger to life or probability of great bodily harm to the applicant, his spouse, or dependent child, which cannot be adequately dealt with by existing law enforcement resources, or which danger cannot be reasonably avoided by alternative measures, and which danger would be significantly mitigated by applicant's carrying a concealed weapon. 3. (i) For new license applicants: the applicant must complete a course of training acceptable to the Chief of Police. Such course of training shall not exceed 16 hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. Notwithstanding this change, the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformally of all applicants without exception. (ii) For license renewal a 1DD icantS: the course of training may be any course acceptable to the licensing authority, shall be no less than four hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. 1 4. The applicant must be twenty-one years of age at the time of the application. 5. The applicant shall be resident of the City of Vernon. 6. The applicant shall not have been convicted of a felony. 7. The applicant may be required to furnish proof of his or her physical and mental fitness in a manner prescribed by the Chief of Police. 8. The applicant must provide proof of insurance in the amount of $1,000,000, naming the City of Vernon as an insured for any harm which may be caused as a result of the licensee's possession and/or use of a concealed weapon. (The license shall be revoked if and when the insurance is terminated.) B. The following additional criteria may be considered before issuing a CCW license to a civilian: 1. Age of applicant. 2. Previous weapons experience. 3. Criminal history, including arrests and misdemeanors. 4. Alternatives to the issuance of a license. 5. Other reasons deemed appropriate by the Chief of Police. C. Application process for a CCW license by a civilian: 1. The applicant shall submit an initial written request to the Chief of Police, which must state the justification for the issuance of the CCW license. 2. The Chief of Police shall determine upon review of the initial written request from the applicant whether good cause exists as outlined in Section A. 1, above. 3. Upon determination by the Chief of Police that good cause exists, the applicant may proceed with a formal application for a license. The formal application shall include: a. The information required by Penal Code Section 12051. 2 t b. The initial written request. C. The necessary qualifying factors outlined in Sections A.2. through A.6. above. d. A non-refundable fingerprint processing fee of $69.00 ($42 state, $24 federal, $3 processing fee). The fingerprint cards will include the information required by Penal Code Section 12052 and will be sent to the Department of Justice for processing. e. Any additional information needed to clarify or interpret information provided by the applicant on the standard application form. 4. The applicant shall demonstrate a knowledge of firearm safety and proficiency in handling the weapon by completing: a. The Penal Code Section 832 course offered at an accredited state or community college. b. A proficiency test on a police range. 5. Photographs and Insurance. Upon approval of the application, the applicant shall provide: a. Four (4) passport size color photographs. b. Proof of insurance in a form required by the Chief of Police. D. The following restrictions may apply to a valid CCW license: 1. A license shall be valid for one year or less, as determined by the Chief of Police. 2. A license may include any reasonable restrictions or conditions which the Chief of Police deems warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. 3. Only the weapon(s) listed on the license may be concealed with a maximum of two (2) weapons per license. 3 4. The license shall be carried on the person whenever an authorized weapon is carried. 5. The application form shall contain a statement that the applicant agrees, upon receipt of a license and when carrying a concealed weapon, not to: a. Consume any alcoholic beverage. b. Unjustifiably display a concealable weapon. C. Be under the influence of any medication, narcotic drug, or controlled substance or under the influence of any medication which impairs the ability to exercise judgment or to remain alert. d. Refuse to show the permit or refuse to surrender the weapon upon request to any peace officer who identifies himself as such. e. Violate any Federal, State, County, or City law. 6. Any violation of the license restrictions may result in revocation of the license by the Chief of Police. E. Any restrictions imposed pursuant to subdivision D above shall be indicated on any license issued. F. A person issued a license may apply to the Chief of Police for an amendment to the license, including the change of any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed on the person. G. Renewal of CCW License by a civilian: 1. The license shall be renewed at least each twelve (12) months. Otherwise, the license shall automatically expire. 2. The application for a renewal of the license for an additional term shall include a written statement that good cause still exists for the issuance of a license. 3. A renewed license application may be denied for the same reasons as a new license application. 4. A renewed license is subject to the same restrictions that accompany a 4 new license. H. The Chief of Police shall give notice to the applicant indicating if the license is approved or denied within 90 days of the initial application for a new license or a license renewal or 30 days after receipt of the applicant's criminal background check from the Department of Justice, whichever is later. II. RETIRED PEACE OFFICERS A. No peace officer honorably retired after January 1, 1981 shall carry a concealed weapon unless approved by resolution of the City Council of the City of Vernon and the retirement identification contains the endorsement "CCW Approved." B. Petition for Endorsement: A peace officer honorably retired after January 1981 shall file a petition with the Police Department every five years to renew the endorsement to cant' a concealed weapon. 1. Such petition shall be in writing addressed to the Chief of Police. 2. The Chief of Police shall consider the criteria established in Section C below, prior to approving an endorsement. 3. The Chief of Police shall require the applicant to provide proof of firearms competency before issuing any endorsement. Firearms competency will be determined on an individual basis depending upon the needs of the petitioner and the availability of a licensed range. NOTE: An honorably retired police officer authorized to carry concealed firearms shall meet the training requirements of Penal Code §832 and shall qualify with the firearm at least annually. The individual retired police officer shall be responsible for maintaining his or her eligibility to carry a concealed firearm. C. The following criteria must be considered for endorsement on an honorably retired peace officer identification: 1. The petitioner's need for the weapon. 2. The age of the petitioner. 3. The physical condition of the petitioner. 5 t 4. The emotional stability of the petitioner. 5. Other reasons deemed appropriate by the Chief of Police. D. No peace officer who is retired after January 1, 1981, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm. E. Honorably Retired defined: "Honorably retired" includes only peace officers who have qualified for, and have accepted, a service or disability retirement. "Honorably retired" does not include an officer who has agreed to a service retirement in lieu of termination. III. RECORDS A. A record of the following shall be maintained in the office of the Chief of Police: 1. The denial of an license. 2. The denial of an amendment to a license. 3. The issuance of the license. 4. The amendment of a license. 5. The revocation of a license. B. Copies of each of the following shall be filed immediately by the office of the Chief of Police with the Department of Justice. 1. The denial of an license. 2. The denial of an amendment to a license. 3. The issuance of a license. 4. The amendment of a license. 5. The revocation of a license. C. A file shall be maintained for all formal license applications received by the Department. 6 D. A file shall be maintained for all approved licenses and for all honorably retired peace officer endorsements, and a system will be established to provide all license holders and all honorably retired peace officers notice of the expiration of such licenses or endorsements in a timely manner. E. Commencing on or before January 1, 2000,'and annually thereafter, the Office of the Chief of Police shall submit to the Attorney General the total number of licenses to peace officers and judges pursuant to this Policy. 7 Y CONCEALED WEAPON POLICY CITY OF VERNON POLICE DEPARTMENT California Penal Code Section 12050 authorizes the Chief of Police for good cause to issue licenses to carry concealed weapons (CCW) to qualified civilians. Section 12027 of the Penal Code also authorizes with certain exceptions, any "honorably retired" peace officer to carry a concealed weapon upon showing an identification certificate issued by the agency from which such peace officer is retired; a petition to renew this privilege must be filed every five years for those officers retiring after January 1, 1981. I. CIVILIAN CCW LICENSES A. The following qualifying factors must be considered before issuing a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. 1. The applicant shall be of good moral character. 2. Good cause for the issuance of the CCW license shall exist only if there is convincing evidence of a clear and present danger to life or probability of great bodily harm to the applicant, his spouse, or dependent child, which cannot be adequately dealt with by existing law enforcement resources, or which danger cannot be reasonably avoided by alternative measures, and which danger would be significantly mitigated by applicant's carrying a concealed weapon. 3. (i) For new license applicants: the applicant must complete a course of training acceptable to the Chief of Police. Such course of training shall not exceed 16 hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. Notwithstanding this change, the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformally of all applicants without exception. (ii) For license renewal applicants: the course of training may be any course acceptable to the licensing authority, shall be no less than four hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. 4. The applicant must be twenty-one years of age at the time of the application. 5. The applicant shall be resident of the City of Vernon. 6. The applicant shall not have been convicted of a felony. 7. The applicant may be required to furnish proof of his or her physical and mental fitness in a manner prescribed by the Chief of Police. 8. The applicant must provide proof of insurance in the amount of $1,000,000, naming the City of Vernon as an insured for any harm which may be caused as a result of the licensee's possession and/or use of a concealed weapon. (The license shall be revoked if and when the insurance is terminated.) B. The following additional criteria may be considered before issuing a CCW license to a civilian: 1. Age of applicant. 2. Previous weapons experience. 3. Criminal history, including arrests and misdemeanors. 4. Alternatives to the issuance of a license. 5. Other reasons deemed appropriate by the Chief of Police. C. Application process for a CCW license by a civilian: 1. The applicant shall submit an initial written request to the Chief of Police, which must state the justification for the issuance of the CCW license. 2. The Chief of Police shall determine upon review of the initial written request from the applicant whether good cause exists as outlined in Section A.1, above. 3. Upon determination by the Chief of Police that good cause exists, the applicant may proceed with a formal application for a license. The formal application shall include: a. The information required by Penal Code Section 12051. 2 b. The initial written request. C. The necessary qualifying factors outlined in Sections A.2. through A.6. above. d. A $3.00 non-refundable fingerprint processing fee (which will include any relevant state and federal fees). The fingerprint cards will include the information required by Penal Code Section 12052 and will be sent to the Department of Justice for processing. e. Any additional information needed to clarify or interpret information provided by the applicant on the standard application form. 4. The applicant shall demonstrate a knowledge of firearm safety and proficiency in handling the weapon by completing: a. The Penal Code Section 832 course offered at an accredited state or community college. b. A proficiency test on a police range. 5. Photographs and Insurance. Upon approval of the application, the applicant shall provide: a. Four (4) passport size color photographs. b. Proof of insurance in a form required by the Chief of Police. D. The following restrictions may apply to a valid CCW license: 1. A license shall be valid for one year or less, as determined by the Chief of Police. 2. A license may include any reasonable restrictions or conditions which the Chief of Police deems warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. 3. Only the weapon(s) listed on the license may be concealed with a maximum of two (2) weapons per license. 3 N 4 4. The license shall be carried on the person whenever an authorized weapon is carried. 5. The application form shall contain a statement that the applicant agrees, upon receipt of a license and when carrying a concealed weapon, not to: a. Consume any alcoholic beverage. b. Unjustifiably display a concealable weapon. C. Be under the influence of any medication, narcotic drug, or controlled substance or under the influence of any medication which impairs the ability to exercise judgment or to remain alert. d. Refuse to show the permit or refuse to surrender the weapon upon request to any peace officer who identifies himself as such. e. Violate any Federal, State, County, or City law. 6. Any violation of the license restrictions may result in revocation of the license by the Chief of Police. E. Any restrictions imposed pursuant to subdivision D above shall be indicated on any license issued. F. A person issued a license may apply to the Chief of Police for an amendment to the license, including the change of any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed on the person. G. Renewal of CCW License by a civilian: 1. The license shall be renewed at least each twelve (12) months. Otherwise, the license shall automatically expire. 2. The application for a renewal of the license for an additional term shall include a written statement that good cause still exists for the issuance of a license. 3. A renewed license application may be denied for the same reasons as a new license application. 4. A renewed license is subject to the same restrictions that accompany a 4 new license. H. The Chief of Police shall give notice to the applicant indicating if the license is approved or denied within 90 days of the initial application for a new license or a license renewal or 30 days after receipt of the applicant's criminal background check from the Department of Justice, whichever is later. II. RETIRED PEACE OFFICERS A. No peace officer honorably retired after January 1, 1981 shall carry a concealed weapon unless approved by resolution of the City Council of the City of Vernon and the retirement identification contains the endorsement "CCW Approved." B. Petition for Endorsement: A peace officer honorably retired after January 1981 shall file a petition with the Police Department every five years to renew the endorsement to carry a concealed weapon. 1. Such petition shall be in writing addressed to the Chief of Police. 2. The Chief of Police shall consider the criteria established in Section C below, prior to approving an endorsement. 3. The Chief of Police shall require the applicant to provide proof. of firearms competency before issuing any endorsement. Firearms competency will be determined on an individual basis depending upon the needs of the petitioner and the availability of a licensed range. NOTE: An honorably retired police officer authorized to carry concealed firearms shall meet the training requirements of Penal Code §832 and shall qualify with the firearm at least annually. The individual retired police officer shall be responsible for maintaining his or her eligibility to carry a concealed firearm. C. The following criteria must be considered for endorsement on an honorably retired peace officer identification: 1. The petitioner's need for the weapon. 2. The age of the petitioner. 3. The physical condition of the petitioner. 5 4. The emotional stability of the petitioner. 5. Other reasons deemed appropriate by the Chief of Police. D. No peace officer who is retired after January 1, 1981, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm. E. Honorably Retired defined: "Honorably retired" includes only peace officers who have qualified for, and have accepted, a service or disability retirement. "Honorably retired" does not include an officer who has agreed to a service retirement in lieu of termination. III. RECORDS A. A record of the following shall be maintained in the office of the Chief of Police: 1. The denial of a license. 2. The denial of an amendment to a license. 3. The issuance of the license. 4. The amendment of a license. 5. The revocation of a license. B. Copies of each of the following shall be filed immediately by the office of the Chief of Police with the Department of Justice. 1. The denial of a license. 2. The denial of an amendment to a license. 3. The issuance of a license. 4. The amendment of a license. 5. The revocation of a license. C. A file shall be maintained for all formal license applications received by the Department. T D. A file shall be maintained for all approved licenses and for all honorably retired peace officer endorsements, and a system will be established to provide all license holders and all honorably retired peace officers notice of the expiration of such licenses or endorsements in a timely manner. E. Commencing on or before January 1, 2000, and annually thereafter, the Office of the Chief of Police shall submit to the Attorney General the total number of licenses to peace officers and judges pursuant to this Policy. 7