4-09/010.00 - Firearms

4-09/010.00
FIREARMS

For line procedures, see Volume 5, Chapter 9.

Carrying
concealed

See "Carrying Concealed Weapon" and Volume 5, Chapter 9 and 16530 PC.

Carrying loaded
firearm in public
place

SH-R-49
URN
15

Station/Unit
Patrol

A

Code 152 - Weapon Laws, Misdemeanor.
Code 151 - Weapon Laws, Felony.

If prior felony or prior weapon law arrest, then it becomes a felony.

Displayed in
threatening
manner

SH-R-49
URN
15

Station/Unit
Patrol

A

Also see "Carrying Concealed Weapon."

Code 152 - Weapons Law - Misdemeanor.

Felony offense:

--sawed-off rifle,
shotgun, possession
of weapons with
serial number
altered or obliterated,
etc.

SH-R-49
URN
15

Station/Unit
Detective

A

Code 151 - Weapons Law - felony.

Found

SH-R-49
URN
44

Station/Unit
Detective

A

All DOJ/AFS (Automated Firearms System) entries and inquiries are to be sent directly into the system by the reporting Unit.

If recovery of County-issued and owned weapon, use original report number and follow procedures outlined in Volume 3, chapter 3.  SRD to Central Supply/Logistics Warehouse at STARS Center.

If recovery of Department firearm, use original URN and send copy of report to County Auditor-Controller, Audit Division, and designate SRD copies to Fiscal Administration and to the Advanced Training Bureau, Weapons Training Section, Attention:  Range Master. 

Code 442 - Found Property.

License/Permit to
carry a concealed
weapon

See Volume 5, chapter 9, for "Application to Carry Concealed Weapon."

License/Permit to
transport,
possess, or
operate machine
guns

Applicants for license or permit shall be referred to DOJ.

Lost

SH-R-49
URN
44

Station/Unit
Detective

A

If Department firearm, send copy of report to County Auditor-Controller, Audit Division and designate SRD copies to Fiscal Administration and to the Advanced Training Bureau, Weapons Training Section, Attention:  Range Master.

Code 442 - Lost Property.

If Sheriff's Department-issued, SRD to Central Supply/Logistics Warehouse at STARS Center.

Misdemeanor

SH-R-49
URN
15

Station/Unit
Patrol

A

Code 152 - Weapons Law - Misdemeanor.

Private Security
Guards, Firearm
Statute

SH-R-49
URN
15

Station/Unit
Patrol

A

Appropriate action should be taken by patrol personnel when a violation is encountered, which may consist of issuing a Notice to Appear Form (SH-CR-66) and seizing the weapon as evidence. If public safety is a factor, arrest the subject.

The Incident Report should reflect any comments made by the violator indicating that his employer knew of and condoned the illegal status.

If, prior to adjudication, the violator presents the registration and certification cards to the court Deputy, the seized firearm may be returned.

Court Deputy to file the complaint.

SRD to License Detail.

Charge shall be 25850 PC, Illegal Possession of Firearm.

Code 152 - Weapons Law - Misdemeanor.

--Alarm Company
Agents

Any person whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system has authority to carry a weapon while responding to an alarm, whether in uniform or not, or while on duty awaiting an alarm, if in uniform. Such employee shall be subject to citation or arrest for violation of 25850 PC if he is not in possession of both the firearms qualification card and the registration card.

--Guards of
Contract Carriers

All guards of contract carriers operating armored vehicles, hired on or after 1-1-77, must have a firearms qualification card. Such employees are subject to citation or arrest for violation of 25850 PC if they are not in possession of the firearms qualification card.

--Guards of
Messengers of
Common Carriers

Any person employed by a common carrier bank or other financial institution, who is involved in the shipment, transportation or delivery of money, treasure, bullion, bonds, etc., may carry a weapon. Such employee is subject to citation or arrest for violation of 25850 PC if he is not in possession of a firearms qualification card.

--Private
investigators,
Private Patrol
Operators and
Security Guards

Any person employed as a private investigator or any person employed by a private patrol operator or any lawful business as a security guard or private patrol person, whether in uniform or not, while acting within the course and scope of his employment, may carry a firearm while on duty. Such employee shall be subject to citation or arrest for violation of 25850 PC if he is not in possession of both the firearms qualification and registration cards.

--Prohibited
Possession -
Seizure/Surrender

SH-R-49
URN
15

MCB

For line procedures, see Volume 5, chapter 9, Prohibited Possession - Seizure/Surrender of Assault Weapons.

Upon receiving notification from DOJ of prohibited registration/possession of assault weapon, immediately notify the Major Crimes Bureau.

Surrendered Firearms Receipt form (SH-CR-627) issued to person surrendering firearm.  Obtain person's signature on the receipt if possible.

Code 151 - Weapons Laws, Felony.

Purchase
Authorization

Section 26950 PC does not exempt peace officers from the 15-day waiting period on gun purchases unless a letter of authorization is approved by the employee's Division Chief or Division Director and signed by the Sheriff. The valid need to circumvent the waiting period shall apply only to a duty weapon or an authorized off-duty weapon.

Recovered

SH-R-49
URN
44

Station/Unit
Detective

A

If County issued and owned weapons, use original URN and follow procedures outlined in Volume 3, chapter 3.  SRD to Central Supply/Logistics Warehouse at STARS Center. 

If Department firearm, use original URN and send copy to County Auditor-Controller, Audit Division, and designate SRD copies to Fiscal Administration and to the Advanced Training Bureau, Weapons Training Section, Attention:  Range Master.

NOTE:  See additional information under "Firearms - Found" and under "Property - Recovered".

Code 442 - Recovered property.

Registration

SH-CR-113
(For Department Use Only)

Stations will no longer enter handgun or long gun registrations into the Automated Firearm System (AFS) for the general public.

Each Station shall provide DOJ Notice of Voluntary Firearm Registration forms to the general public upon request.

Requests to
assign
and stamp serial
numbers on
firearms (gun
renumbering)

SH-R-49
URN
44

Arson/Explosives
Detail

A

All persons requesting that serial numbers be assigned to pistols, revolvers or long guns shall be directed to Arson/Explosives Detail.

Code 440 - Other, Noncriminal.

Surrendered

SH-R-49
URN
44

Station/Unit
Detective

A

Complete Surrendered Firearms Receipt form (SH-CR-627); obtain owner=s signature if possible.

Code 440 - Other, Noncriminal.

Tests of firearms

At the discretion of the detective, firearms taken into custody shall be forwarded to the Crime Lab for test purposes.

Theft of

SH-R-49
URN
08

Station/Unit
Detective

A

Grand Theft includes all firearms regardless of value.  See applicable code.

If the firearm is the personal property of a Deputy or is a County issued firearm, follow procedure in Volume 3, chapters 2 and 3.  If Sheriff's Department-issued, SRD to Central Supply/Logistics Warehouse at STARS Center.

If Department firearm, send copy to County Auditor-Controller, Audit Division, and designate SRD copies to Fiscal Administration and to the Advanced Training Bureau, Weapons Training Section, Attention:  Range Master. 

Violations of any
law or regulation relating
to:  Manufacture, sale or
possession of automatic
weapons or heavy weapons and silencers

SH-R-49
URN
30

Station/Unit
Detective

A

The Station/Unit detective assigned the case shall cause the weapon or silencer to be transported to the firearms identification section of the Scientific Services Bureau, who shall determine if the weapon or silencer is a violation.  The Federal Alcohol, Tobacco and Firearms Agency (ATF) shall also be contacted to ascertain whether the suspect has a permit for the weapon or silencer.  ATF will send a certified copy of the suspect's permit status to the investigator. Code 308 - Federal Offenses, Weapons.