California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 2 - Security › Section 3276 - Firearms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only peace
					 officers who have satisfactorily completed firearms training and who are currently
					 qualified in the firing of departmental firearms shall be assigned to armed posts or
					 otherwise be authorized to possess, carry or use a departmental firearm. Exceptions
					 are only authorized in extreme emergencies when peace officers are not available in
					 sufficient numbers or in time to stop or control a situation which warrants the
					 immediate use of force, as described in section
					 3268.
(b) An employee appointed to a peace officer
					 position wherein the specifications of the position include the carrying and use of
					 firearms shall be given a reasonable time to complete firearms training and to
					 qualify in the firing of departmental firearms. Persistent failure or refusal to
					 satisfactorily complete firearms training and to qualify in the firing of
					 departmental firearms shall be cause for dismissal from employment as a peace
					 officer.
(c) Employees shall not have
					 accessible, carry or use privately owned firearms or ammunition while on duty,
					 except as authorized by the director or his/her designee. For the purpose of this
					 section "on duty" means any time which is compensable as actual time
					 worked.
(d) Employees who are ordered to
					 carry a concealable firearm while on duty away from facilities where
					 inmates/parolees are located shall keep the firearm concealed at all times except
					 when use of the firearm is necessary. Employees on duty on the grounds of, and in,
					 facilities where inmates/parolees are located shall not carry a concealed firearm
					 unless ordered to do so by the official in charge.
(e) Each facility where inmates/parolees are
					 located which maintains an unissued supply of firearms, ammunition, and other lethal
					 weaponry as described in Section
					 3275, shall provide for its long-term
					 storage in a physically secure armory. Armories shall be located so as to be under
					 24-hour-a-day coverage of an armed post and away from areas that are open to traffic
					 by unsupervised inmates/parolees and the public. At camps or other locations where
					 these armory requirements cannot be met, arrangements shall be made for the
					 long-term storage of such equipment off the grounds. Community Correctional Facility
					 armories shall be exempt from the armed coverage requirement, but they shall be
					 under 24-hour-a-day observation by staff directly, or by video surveillance, and
					 shall be equipped with audible electronic alarms.
(f) Each facility where inmates/parolees are
					 located shall provide a physically secure locked container, located outside the
					 security areas, for the temporary storage of firearms, ammunition and other weaponry
					 of employees and officials who must come on the grounds or enter the facility in the
					 course of their employment or official business.
(g) Employees and others who live on the grounds
					 of facilities where inmates/parolees are located, and any guests or visitors of such
					 persons, shall not bring to, maintain, store or keep any firearms or ammunition in
					 such residences at any time. Arrangements shall be made for the use of storage
					 facilities described in subsections (e) and (f).
(h) Firearms and ammunition shall not be left in
					 an unattended vehicle at any time upon the grounds of facilities where
					 inmates/parolees are located. Exceptions are authorized only when the vehicle is
					 securely locked and under the direct observation of staff who are aware that the
					 vehicle contains firearms or ammunition, or when the vehicle is equipped with a
					 departmentally approved secure container for such equipment. Merely out of sight
					 storage such as in the spare tire well, trunk or glove box does not meet the
					 requirements for a secure container.
(i)
					 The loss or theft of departmentally issued/authorized firearms/duty weapons or
					 related equipment shall be immediately reported to the responsible employee's
					 supervisor, and through the supervisor to the administrator of the jurisdiction of
					 employment, and/or to the attention of the administrator in which the loss or theft
					 occurred, if in a different jurisdiction. Local law enforcement agencies shall be
					 notified, and a written report shall be made to the deputy director/assistant
					 director within whose jurisdiction the loss or theft occurred.
1. Repealer and
						new section filed 9-24-81; effective thirtieth day thereafter (Register 81, No.
						39).
2. Amendment of subsection (a)(6) filed 7-12-82; effective thirtieth
						day thereafter (Register 82, No. 29).
3. Amendment filed 1-3-95 as an
						emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must
						be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of
						law on the following day.
4. Amendment of subsections (b) and (b)(5)
						filed 3-28-95 as an emergency; operative 3-28-95 for 160 days pursuant to Penal Code
						§
												5058(e)
						(Register 95, No. 13). A Certificate of Compliance must be transmitted to OAL by
						9-4-95 or emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to orders of 1-3-95 and 3-28-95
						including amendment of section and NOTE transmitted to OAL 6-12-95 and filed 7-24-95
						(Register 95, No. 30).
6. Amendment filed 3-12-99 as an emergency;
						operative 4-1-99 (Register 99, No. 11). A Certificate of Compliance must be
						transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of
						law on the following day pursuant to Penal Code section
						5058(e)(1).
7.
						Editorial correction amending HISTORY 6 (Register 99, No. 26).
8.
						Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed
						10-20-99 (Register 99, No. 43).
9. Amendment of subsections (c) and (i)
						filed 4-17-2002; operative 5-17-2002 (Register 2002, No. 16).
10.
						Amendment of subsection (e) filed 5-2-2007; operative 6-1-2007 (Register 2007, No.
						18).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  830,
						  830.5,
						  832,
						  4574 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.