PDA

View Full Version : The Legal Eagle 2


Local Talent
05-19-2010, 04:56 PM
Just got off the phone with a co-worker. The conversation revolved around concealed firearms licensing issues. A lot of people think that since the BSIS only issues exposed guns permits (CCWs only being issued by local LEAs), such an exposed permit is unnecessary when carrying concealed ("I already have a CCW").
Not so: if you work in private security in CA (guard, PI, EP, etc.), the industry you're in is regulated by the BSIS and you must therefore be properly licensed/insured per the Bureau. The fact that members of the public can carry pepper spray without training or license doesn't mean that we security folks can. Similarly, the fact that some people have CCWs for personal protection doesn't mean that they can just go work as bodyguards without BSIS licensing either. And in fact, whichever LEA did issue the permit will definitely want to be notified of its use for professional purposes (and in some cases, they'll pull it. Culver City was known under Chief Cooke to simply deny any applicant found to have a guard card, for ex.).

My co-worker went on to say that since he possessed (non-resident) CCWs from other states, he could bodyguard there. I unfortunately think that many people do get those in order to make a stronger case when applying for a CA CCW (CA LEAs couldn't care less and no CCW from any other state is recognized here!) or for the purpose of bodyguard travel. You can of course cross a state line with a client with CA security credentials, and a local CCW will then ensure that you can legally keep a concealed firearm on your person (just like your CA driver's license entitles you to pass through another state). But IF you are to accept out-of-state permanent employment, just like you'll be expected to get a local driver's license, you'll need local security creds to operate under that state's guidelines.

And talking about credentials, those are not optional! The BSIS clearly states that a bodyguard is a security guard. Depending on how many clients you have and the nature of the contract(s), you'll need a guard card (proprietary or not) and possibly an exposed firearm permit and even a PPO. A non-resident CCW doesn't magically transform you into a bodyguard from that state.
Whether you work for a company licensed to provide services in that other state or not, you still need to obtain your own local licensing in order to be legal.

Now what if your employer has an out-of-state branch? If you have to fly a client from NY back to CA, the fact that your company has a branch there would be irrelevant (except if they were able to provide you with back up there). You won't need a NY guard card or whatever they call it, either. But if you're assigned to the client's estate there, it's another story.
Personally, I would accompany my client out of state but sub to local operatives for armed escorts because I would hate to find myself in a use of force incident as a Cali bodyguard with a non-resident CCW. The fact that most play the odds doesn't mean it's the smart thing to do.

I'm posting this so I can direct people to this thread instead of having to constantly (it comes up a lot) research the matter to prove that I'm not making this up. Please feel free to comment or correct me (I'm not big on travel in part due to those issues), but when it comes to the CA legal requirements, here they are straight form the source:

SECURITY GUARDS AND BODYGUARDS:
Under the B&P Code, security guards and bodyguards are the same and are covered by the same laws. A bodyguard is a security guard. Peace officers frequently tell BSIS staff that since they are working in civilian clothes with a concealed weapon as bodyguards for VIPs or celebrities, they are not security guards. This is incorrect.
The laws, rules and regulations that apply to security guards apply to bodyguards. For example: If a security guard must be in a security guard uniform to carry an exposed weapon, then a bodyguard must be in a uniform to carry an exposed weapon. If a security guard who works in civilian clothes with a concealed weapon must possess a guard card and exposed firearm permit, and either possess a Concealed Firearms Permit (CCW), or be an honorably retired peace officer with an endorsement to carry a concealed weapon, or be an active duty peace officer, then a bodyguard who works in civilian clothes with a concealed weapon must possess a guard card, an exposed firearm permit and either possess a CCW, or be an honorably retired peace officer with an endorsement to carry a concealed weapon, or be an active duty peace officer.

EXPOSED FIREARM PERMIT AND CONCEALED FIREARM PERMIT (CCWS):
The B&P Code authorizes BSIS to issue Exposed ONLY Firearm Permits. The Penal Code authorizes local law enforcement agencies to issue CCWs. BSIS is not authorized to issue CCWs. Most active duty peace officers, and many reserve peace officers, are authorized to carry a concealed weapon off-duty. Honorably retired peace officers often possess an endorsement from a former employer to carry a concealed weapon.

Source: http://www.bsis.ca.gov/customer_service/faqs/peace_officer.shtml

Also, from the BSIS FIREARMS TRAINING MANUAL (from "memory", ask to see your firearms instructor's manual ;)):
"A security guard, or body guard (sic), who carries a concealed weapon on duty in civilian cloths (sic) must possess and carry both the guard card and exposed firearms permit issued by the Bureau, AND satisfy one of the following three requirements: (1) possess a CCW issued by a local law enforcement agency; or (2) be an active duty peace officer employed a security guard/bodyguard by a private patrol operator, or by the person or entity being protected; or (3) be a honorably retired peace officer with an endorsement to carry a concealed weapon and employed a security guard/bodyguard by a private patrol operator, or by the person or entity being protected." (p.28)

And:

"The bureau issues exposed firearms permits. The Bureau does not issue concealed weapon permits (a CCW). The firearm permit issued by the Bureau is therefore not a concealed weapon permit. In order for a person to carry a concealed firearm as a security guard or bodyguard, that person must possess a Bureau issued security guard registration and a bureau issued exposed firearm permit, AND meet one of the three following requirements: (1) possess a concealed weapon permit issued by a local law enforcement agency, or (2) be an active duty police officer, or (3) be an honorably retired peace officer with an endorsement to carry a concealed weapon." (p.33)

MrD
05-25-2010, 04:37 PM
Excellent post! :D

Local Talent
05-29-2010, 04:26 PM
Thank you, MrD. :)
I just dug up the Firearms Training Manual from the BSIS site, BTW. I had saved the quoted passages for myself, but found them again here (for future ref.): http://www.bsis.ca.gov/forms_pubs/firearms_manual.pdf.

Lone Wolf
06-01-2010, 04:31 PM
Awesome post Lt... Just one question as I have only begun to scratch the surface of getting licensed in Cali.. What is a PPO?? I know it sounds silly but I see this posted on other sites as well.. Figured I might as well ask...

Local Talent
06-01-2010, 06:33 PM
I was told a long time ago that there's no stupid questions... just stupid answers sometimes, so you're good - I'm the one who should be on my toes! :D

Seriously, I know I try to be as educational and informative as possible (and very possibly boring at times when going over stuff most of us take for granted), but I'm well aware of the number of complete newcomers only considering the job or pros from other states and countries, such as yourself, Wolf. And I know I enjoy the free information flow and lack of pretension of the members here so I hope this continues.

A PPO is a Private Patrol Operator. This is the license that security companies need in order to do business in CA.
Details here: http://www.bsis.ca.gov/industries_regulated/ppo.shtml

Glad to help. :)

Lone Wolf
06-02-2010, 01:44 AM
Very cool.. So there is a Security Guard license, Armed security guard license (Open Carry) a Security Agency, and a PPO.. So the officers obtain a PPO license Correct?

Local Talent
06-02-2010, 11:01 AM
The PPO license is only for contract security/EP companies (or independant contractors) like the PI license is for investigations agencies.

Here's the CA BSIS breakdown:

Officer (uniform or plain clothes) = Guard Card (regular if contract or proprietary if in-house)

Armed officer (uniform) = Guard card + Exposed Firearms Permit

Armed officer (plain clothes) = Guard Card + Exposed Firearms Permit + CCW (or Peace Officer status)

Officers can get a PPO if they want to run their own companies or freelance as independant contractors/1099 for other PPOs and be self-employed. They need to satisfy the state training/experience/background requirements, pass the written test, pay the fee, maintain insurance, etc.

And note, since we're discussing EP, that CA doesn't differenciate between officer, guard, and bodyguard. Licenses are the same. So a bodyguard needs a guard card at the very least, an exposed permit and CCW if armed (we're usually in plain clothes), and a PPO if freelancing. If employed by individuals or business entities (NOT 1099), no PPO is needed.

LEOs working in private security may get a break on a few details (gun requals, concealed baton for active cops, etc.), but they're otherwise subject to the same licensing requirements.

See good discussions we've had here on the subject: http://www.socalbodyguards.com/forum/showthread.php?t=668 and http://www.socalbodyguards.com/forum/showthread.php?t=503