As an association we strive to keep you up-to-date on relevant information for your business. Please see information below regarding association advocacy on the matters of AB 2220/Firearm Assignment and mandatory arbitration agreements.
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In September, CALSAGA Board of Directors met with the Department of Justice to request an updated bulletin regarding the assignment of firearms to licensed security officers by Private Patrol Operators.
We are glad to report that an update has been provided. We strongly encourage you to print a copy for all armed officers to carry on their person while on duty and to replace all previous versions of the bulletin with the one linked below.
The first version of the bulletin was issued in 2017 and was a victory in a hard-fought battle by CALSAGA. This bulletin provides reassurance to members who employ armed officers. AB 2220 allows a Private Patrol Operator to be a registered owner of a firearm. Additionally, this bill allows a security officer to be assigned a firearm by the PPO and for a firearm custodian to be designated by the PPO. Previous practices and statutes authorized the purchase, registration, and ownership of firearms by an individual, but not by a business entity. AB 2220 authorized business ownership and registration of firearms in the case of PPOs who are actively providing armed private contract security services. A PPO may assign firearms it owns to employees who are licensed to carry firearms by the Bureau of Security and Investigative Services.
As a result of AB 2220, a problem presented itself because the current Dealer Record of Sale (DROS) Entry System (DES) is not capable of recognizing a business as a firearm purchaser or owner. The Department of Justice intends to modify the DES and Automated Firearm System (AFS) to allow a PPO to be listed as the purchaser and registered owner of a firearm. Additionally, the DOJ intends to create a process for PPOs to submit a Certificate of Assignment to identify the employee of the PPO in AFS who has been assigned a firearm owned by the PPO. At this time there is no anticipated completion date for this project and previous anticipated completion dates have not been met.
Those intentions were stated in the bulletin to law enforcement agencies. Furthermore, the bulletin cautioned that law enforcement personnel may continue to encounter armed security officers who have the requisite permits and qualifications to carry a firearm in the course of their duties, but who are not actually the registered owners of the firearm. Law enforcement agencies are advised that an assignment of a firearm to an eligible and licensed security officer by a PPO is not a violation of Penal Code 27545.
Please remind all armed officers to carry this bulletin on their person while on duty.
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PAGA reform continues to be on the association’s agenda. Recently the California Chamber of Commerce (CalChamber) approached the association regarding an opportunity to support their AB 51 litigation efforts. This is an avenue for us to fight PAGA claims. CALSAGA made a contribution of $15,000 to support these efforts and to protect our members. That would not have been possible without the continued financial support of our members.
AB 51 which was signed into law in October 2019 precludes employers from enforcing arbitration agreements made as a condition of employment—and making it a crime for businesses to do so—even if workers may opt out of arbitration. Previously a temporary restraining order was issued however a recent ninth circuit court decision may allow AB 51 to go into effect. The CalChamber is fighting this and CALSAGA will continue to monitor the situation and provide updates to you as they are available.
