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CITY OF SAN BERNARDINO - REQUEST FOR ,~OUNCIL ACTION
From: Councilman Ralph Hernandez, Third Ward
Subject:
Carrying of Concealed Weapons in Council
Chambers
Dept: Council Office
Date: November 14, 1994
Synopsis of Previous Council Action:
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4 NOV 9< \0: 22
Recommended Motion:
To discuss and take possible action to disallow the carrying of concealed weapons by any individual
in the City Hall and/or EDA buildings.
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Signature
Contact Person: Councilman RaIDh Hernandez
Phone:
5333
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.1
(Acct. Description)
Finance:
Council Notes:
AGENDA ITEM NO.~'
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INTEROFFICE MEMORANDUM
TO:
Mayor Tom Minor
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
November 17, 1994
DATE:
RE:
Concealed Weapons
There is on the Council agenda for Monday, November 21, 1994,
a proposal by Councilmember Hernandez for the Council to discuss
and possibly take action relative to the carrying of concealed
weapons in City Hall and the City Hall annex.
State law vests the discretion to issue COncealed weapons
permi ts in the City to the Chief of Police and to the Sheriff
(Penal Code 512050). The Chief (or Sheriff) must determine that
the person is of good moral character, that good cause exists, and
that the person is a resident of the County. The Chief may impose
certain reasonable restrictions as he deems warranted. This
authority is given by state law to the Chief of Police and not to
the Mayor and Council. There is no authority for the Mayor and
Council to step in and withdraw or limit that power.
In fact, the whole area of carrying concealed weapons has been
covered by State legislation preempting any local enactments in the
same area.
"The Dangerous Weapons' Control Law [Penal Code
512000 et seq.] is a comprehensive statutory scheme
governing the unlawful carrying and possession of
concealed weapons. . ." (18 Cal. Jur. 3d (Rev.), "Criminal
Law" 51614)
The law specifically allows a whole range of people to
continue to carry concealed weapons despite the general prohibition
of such action. For instance, exempted from the prohibition are
peace officers and retired peace officers (Penal Code 512027). The
Attorney General has specifically concluded that the District
Attorney cannot prohibit a welfare fraud investigator from carrying
a concealed weapon while off-duty (70 Ops. Cal.Atty. Gen. 20).
Likewise, he has concluded that the county probation officer cannot
prohibit an off-duty deputy probation officer from carrying such a
weapon (72 Ops. Cal.Atty.Gen. 167).
It may be intended that limiting concealed firearms in City
Hall is similar to such limitations in a courthouse. Howe1:'er,
State law already makes it a crime to carry concealed weapons ~n a
OAB/js [Weapons.Mem)
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To:
Re:
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Mayor Tom Qnor
Concealed Weapons
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courtroom (Penal Code 51716) and any further restrictions are based
on the statutory and common law right of the jUdges to control
their own courtrooms. (Government Code S68070).
Over 100 years ago the Courts held that a city could regulate
the carrying of concealed weapons (In Re Cheney (1891) 90 Cal.
617). However, at that time there was no statewide comprehensive
scheme of such regulation. Since the State has now adopted such a
scheme, any city efforts are preempted.
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