State of California
   
   M E M O R A N D U M
   
   REFERENCE CODE:
   PML 97-009
   
   DATE:
   March 20, 1997
   
   TO:
   Personnel Management Liaison
   Personnel Officers
   Employee Relations Officers
   
   FROM:
   Department of Personnel Administration
   Labor Relations Division
   
   SUBJECT:
   Gun Control
   
   
   CONTACT:
   Michael T. Navarro, Labor Relations Officer
   (916) 324-0505 or CALNET 454-0505
   Office Vision:  DPA (MTNAVARR)
   Internet:  MTNAVARR@SMTP.DPA.CA.GOV
   FAX:  (916) 322-0765
   
   
   
   As you may be aware, one aspect of the recently-enacted
   Federal Omnibus Consolidated Appropriations Act of 1997
   amended the Gun Control Act (GCA) of 1968 (see Attachment
   A).  Specifically, the amendment makes it unlawful for any
   person convicted of a  misdemeanor crime of domestic
   violence  to ship, transport, possess, or receive firearms
   or ammunition.  It also makes it unlawful for any person
   to sell or otherwise dispose of a firearm or ammunition to
   any person knowing or having reasonable cause to believe
   that the recipient has been convicted of such a
   misdemeanor.  
   
   These new prohibitions apply to all employees, including
   law enforcement officers employed by the State. 
   Consequently, law enforcement officers and other
   miscellaneous employees who have been convicted of a
   qualifying misdemeanor will not be able to lawfully
   possess or receive firearms or ammunition for any purpose,
   including performance of official duties.    
   
   As defined in the GCA, a  misdemeanor crime of domestic
   violence  means an offense that:
   (1)is a misdemeanor under Federal or State law; and 
   
   (2)has, as an element, the use or attempted use of
   physical force, or the threatened use of a deadly weapon,
   committed by a current or former spouse, parent, or
   guardian of the victim, by a person with whom the victim
   shares a child in common, by a person who is cohabiting
   with or has cohabited with the victim as a spouse, parent,
   or guardian, or by a person similarly situated to a
   spouse, parent, or guardian of the victim. 
   
   This definition includes all misdemeanors that involve the
   use or attempted use of physical force (e.g., simple
   assault, assault and battery) if the offense is committed
   by one of the defined parties.  This is true whether or
   not the State statute or local ordinance specifically
   defines the offense as a domestic violence misdemeanor. 
   In addition, the prohibitions apply to persons convicted
   of such misdemeanors at any time - even if the conviction
   occurred prior to the new law s effective date, September
   30, 1996.  The new law does provide one exception for
   those individuals for whom the conviction has been
   expunged, set aside, pardoned, or the person has had his
   or her civil rights restored (if the law of the applicable
   jurisdiction provides for the loss of civil rights under
   such an offense) AND the person is not otherwise
   prohibited from possessing firearms or ammunition.
   
   In view of the above, each State agency employing both law
   enforcement and miscellaneous employees who in the normal
   course of their duties are required to be armed or have
   access to firearms or ammunition, must take affirmative
   steps to determine if any employee is subject to these
   prohibitions.  
   
   Employees subject to these prohibitions must immediately
   relinquish State-issued firearms and ammunition in their
   possession to the employer.  Furthermore, if the employee
   is not required to carry a firearm in his/her normal
   course of duties, but has ongoing access to firearms and
   ammunition, the employer must remove the employee from
   that work setting.  In addition, employees should be
   apprised that these prohibitions also apply to any other
   firearms or ammunition in their possession deemed to be
   private property; it is suggested that employees discuss
   necessary steps to ensure conformance with the Federal
   statutes with private counsel or local law enforcement
   agencies.    
   
   If it is determined that the employee in question is no
   longer able to perform the full scope of duties as
   determined by the class specification, the employer should
   consider a non-punitive separation under the provisions of
   Government Code 19585.
   To assist all State agencies to come into conformance with
   these requirements, the Department of Justice, Bureau of
   Criminal Information and Analysis, is offering a new
   service.  Agencies wishing to access criminal history
   information to resolve possible firearms eligibility
   questions about their employees may submit a request on a
   3 1/2-inch diskette in a prescribed format.  Please
   contact Ms. Shelly Rife in the Bureau of Criminal
   Identification and Information at (916) 227-3841 to obtain
   details concerning the required format.  Please be aware
   that State agencies interested in determining the status
   of their peace officers are prohibited from utilizing the
   California Law Enforcement Telecommunications System to
   access State summary criminal history information.  
   
   The Department of Personnel Administration formally notice
   all Supervisory Organizations and Exclusive
   Representatives (see Attachment B).  Impact bargaining
   with the unions, if requested, will be delegated to
   individual State agencies.  In the meantime, should you
   have questions concerning any of the above, please do not
   hesitate to contact me at (916) 324-0505.      
   
   
   
   Michael T. Navarro
   Labor Relations Officer
   
   Attachments will be included with the hard copy via the
   mail service.