Airport Patrol and HR 218

[Rogerthump]

Does anybody know if airport patrol officers who fall under CA penal code 830.33(d) also fall under HR 218?

I know there are many threads about HR 218 but I was hoping to get some input from airport police or security or patrol.

830.33. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.


And these airport patrol guys fall under:

(d) Any person regularly employed as an airport law enforcement
officer by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the peace
officer is the enforcement of the law in or about properties owned,
operated, and administered by the employing agency or when performing
necessary duties with respect to patrons, employees, and properties
of the employing agency.


Keep in mind that I am not talking about airport police that fall under the penal code but airport patrol. Like Santa Barbara airport patrol.

[retired]

The SB Airport patrol and LAX airport police are the same under 830.33.

From the SB Airport Police website.

Are Airport Patrol different from other police officers?

Airport Patrol Officers are sworn peace officers in the state of California. They wear the same uniform as S.B.P.D, however the badges and shoulder patches set them apart. The Airport Patrol and the S.B.P.D. are totally separate law enforcement agencies. The Airport Patrol Officers' primary duty is to patrol airport property, however they are empowered by state law to take action outside of their designated patrol area if there is an immediate danger to a person's safety, or if they observe a crime in progress.

[Rogerthump]

Then why not call them police? There is a few things on the website which call them security.

Looks like they are hiring but they only require a PC832 certificate. Pay is crap too.

[DOAcop38]

Then why not call them police? There is a few things on the website which call them security.

Looks like they are hiring but they only require a PC832 certificate. Pay is crap too.


Thats because there are "peace officers" deployed as "airport police" and some who are deployed as "airport security".This is not to insult any Brother peace officer,especially those working ports or Airports,but they "know" what I 'm talking about. Sometimes the limits on the duties are imposed by the local PDs,sometimes its by civilian mgm't-similar to what some transit,univ. and school PDs deal with. Depts locally like San Diego unified Ports (830.1) and LAXPD (830.33d currently,but possibly 830.1 PC soon) are directed to do more general policing than some agencies,and what we've seen in the recent past is that once an airport PD "Grows up",they tend to get absorbed or forcibly disbanded by the larger local PD in the dubious name of "efficiency"-like San francisco airport PD and Oakland Airport PD.fresno Airport Public safety (police and fire),San diego Unified Port PD ( port,airport, fire safety) and LAXPD ( operates at four regional airports), and smaller agency Airports like Burbank-Glendal-Pasadena or Lake Tahoe tend to do their own thing and have far ranging duties mirroring their municipal counter parts.The rest-what few their are,like Santa Barbara patrol guys and even the Long Beach airport often face the same crime problems and situations,but their local mgm't and sister PDs blow them off as "just security"( but don't or won't replace them).Pay is always decided by politics as well.By the FAR and CFR statutes "Airport cops/patrols/security,whatever" are expected to have the saem arrest and firearm carry authority as any local PD or L.E. agency jurisdiction in which the airport exists.when R 218 came out LAXPD was told by the L.A. city atty Office that we qualify,we subsequently recieved letters from TSA,CA State Atty Gen'l, US DOJ also agreeing( much to the chagrin of "boston Bill" Bratton,who worrries just a tad to much about whats going on at LAx(11 sq miles) compared to the rest of LA(458 more sq miles))

[SoCalFed]

I have to agree. For some reason Bratton has a real hard on for LAWA PD. He acts like they aren't real police, when it fact they are. Just because many of them went through Rio Hondo vs. the LAPD academy makes them lesser? Come on! Bratton himself hasn't even been through the LAPD academy, rather he went throuh the POST waiver process (maybe even at Rio Hondo). Regardless LAXPD are good folks...

[Rogerthump]

Anybody else have any input about HR 218 policy regarding airport patrol, security that are peace officers, or police? I saw an airport patrol unit with exempt plates and blues and the officer inside looked like the local PD.

[ignignokt373]

Edited. Never mind. Saw that DOACop38 already responded.

[SgtCHP]

Here is the text and requirements for HR218:

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.



SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

[Rogerthump]

I'm sorry, I should have carified. I was asking about their department policy regarding hr 218. Dispite what federal law may say, do many of them still have department policy prohibiting off duty carry?

[DOAcop38]

I'm sorry, I should have carified. I was asking about their department policy regarding hr 218. Dispite what federal law may say, do many of them still have department policy prohibiting off duty carry?

I don't know of any "district or specialized" PDs still around who have that issue of not letting their officers carry off duty-It was a recent "stink" with L.A.s' general Services "office of public safety" PD,who actually-at LAPDs encouragement ,had the no "off duty" carrying of weapons, included in the penal code section listing them (under 830.31 PC)locally this has been done away with and city council allows them to carry 24/7-maybe some school dist pds may have this clause around the state,but like I said most of the states airport LEOs have CCW rights as peace officers("most")

[lovesocal]

Then why not call them police? There is a few things on the website which call them security.

Looks like they are hiring but they only require a PC832 certificate. Pay is crap too.

sb airport isn't that big and crowded. the airport isn't even in sb but in goleta.

[Rogerthump]

True the land surrounding SB airport is Goleta, however the land the airport is on was anexed by the city of Santa Barbara in 1946 and is technicly part of the city.

I managed to speak to a SGT who works for SB airport and a few officers from SBPD and they all claim it is much like LAX. Although it is not an international airport, UCSB is next door so there is a whole lot of traffic that goes through the airport daily. They claim to deal with large smuggling ops, and even cases of human trafficing.

[hbliam]

I managed to speak to a SGT who works for SB airport and a few officers from SBPD and they all claim it is much like LAX.

LOL! Let me the first to call BS on that one. 90 flights a day compared to 1200+ flights a day? Not to mention the fact that the planes going into LAX hold 3-8 times the number of people. Next they are gonna say Camarillo airport is like John Wayne.

[Rogerthump]

He wasn't comparing it to the amount of traffic as I think it is obvious that an international airport is going to get twenty times more foot traffic then a small intercontinental airport. What he was saying is that it is much like LAXPD in that they deal with overflow in the surrounding city (which is SBSO contracted) and have a lot things that go on related to the university. He also mentioned that it is similar in that they are a part of a larger agency and always worry about being taken over by the big guy.

SB is a tourist town with resorts, history, a huge university, and a booming offshore oil industry that brings people from all over the world. (Exxon Mobile west coast headquarters and refinery is located in Santa Maria) If I wasn't happy where I am at, and it didn't cost so much to live there I might consider moving to SB.

I have never seen Camarillo airport but I do know it's a speck on the map compaired to JWA.

The Sgt I spoke to said they are very progressive and funded by a rich city so they are well equipped.

[DOAcop38]

Hey,rog! just looked over the City of Santa Barbaras' webpage-$42K to 53K/yr for Airport Patrol ? kinda low considering that SBPD is paying $66 to 78K/yr,but it might interest guys who are trying to get on a Dept as an interim job (i.e. reserve officers, that have outside jobs,or younger people interested in L.E. or early retirees)I'm just assuming as I know the COL in SB is high( like everywhere else in CA).Talked to a trng div officer who said something to the effect that POST will sooner or later mandate "BASIC" training for almost everyone-wether a desk bound inv,or a blu or tan suiter.Its sez the SB Airport Patrol needs only a PC 832 cert but I have the feeling that they go thru alot more trng than that ( some come down to LAX or to OC SD for 832.1 PC trng,and some have said they were either grads of a basic academy or reserves somewhere),especially if they are getting into regular policing actions outside of the airport-mere PC832 training just isn't enough.....