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Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice to perform various functions involving the training of peace officers. Existing law requires peace officers in this state to meet specified minimum standards, including, among other requirements, being at least 18 years of age, being of good moral character, as determined by a thorough background investigation, and being either a citizen of the United States or a permanent resident who is eligible for and has applied for citizenship, except as prescribed.
This bill would remove the provision that requires peace officers to either be a citizen of the United States or be a permanent resident who is eligible for and has applied for citizenship, and would make conforming changes.
Existing law establishes, within the Transportation Agency, the Department of the California Highway Patrol, under the control of the Commissioner of the California Highway Patrol.
Existing law, with certain exceptions, prohibits a person who is not a citizen of the United States from being appointed as a member of the California Highway Patrol.
This bill would remove that prohibition, and would make conforming changes.
California Highway Patrol
- United States Citizen or permanent resident immigrant who is eligible and has applied for citizenship; must be a United States citizen at time of appointment.
- All candidates will be investigated and interviewed in order to evaluate past behaviors that may or may not indicate good moral character.
- While our investigators cannot divulge the CHP's specific disqualification criteria, through a candid dialogue with you they can provide guidance and assistance in helping you evaluate your personal characteristics as they relate to the CHP's automatic disqualification criteria.
SUMMARY of The Law Enforcement Officers Safety Act (LEOSA) of 2004
On July 22, 2004, the Law Enforcement Officers Safety Act (LEOSA) of 2004, also
commonly called “HR 218,” became law. (18 U.S.C. §§, 926B, 926C.) This federal law allows
“a qualified law enforcement officer” or “a qualified retired law enforcement officer” with
identification that meets specified criteria to carry a concealed firearm anywhere in the nation,
notwithstanding most other state and local laws which restrict the possession of concealed
weapons.
In order to be “a qualified law enforcement officer” under the LEOSA, a person must
meet the following requirements
7. Not be prohibited by federal law from possessing firearms;
May aliens legally in the United States purchase firearms?
An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.
[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5)
Not directly mentioned in the legislation:
U.S. Marshals Service offices are based on the organizational structure of the Federal District Court system. California is divided into four judicial districts that are referred to as the Northern, Eastern, Central, and Southern Districts of California
- Must provide proof of U.S. citizenship
- Must qualify in the use of multiple firearms and carry a handgun.
- The City of Los Angeles requires that a Police Officer candidate be a United States citizen, or that a non-citizen be a permanent resident alien who, in accordance with the requirements of the U.S. Citizenship and Immigration Services (USCIS), is eligible and has applied for citizenship.
- During the selection process, each non-citizen is required to prove that USCIS accepted his/her application for citizenship prior to the date the Police Officer written test was taken.
- California State law requires that citizenship be granted within three years after the employment application date. For information regarding citizenship requirements, contact the USCIS.
- A U.S. citizen or eligible resident alien awaiting citizenship application decision
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