Section 7582.2 - Applicability of chapterThis chapter does not apply to the following:
(a) A person who does not meet the requirements to be a proprietary private security officer, as defined in Section 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for other entities or persons, in connection with the affairs of the employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon in the performance of that person's duties. For purposes of this subdivision, "deadly weapon" is defined to include an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any other firearm, a knife having a blade longer than five inches, a razor with an unguarded blade, and a metal pipe or bar used or intended to be used as a club.(b) An officer or employee of the United States or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of the officer's or employee's official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month.(c) A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.(d) A charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit.(e) Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission.(f) An attorney at law in performing the attorney's duties as an attorney at law.(g) A collection agency, or an employee thereof while acting within the scope of the employee's employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor's property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof.(h) Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.(i) A bank subject to the jurisdiction of the Commissioner of Financial Protection and Innovation under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States.(j) A person engaged solely in the business of securing information about persons or property from public records.(k) A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, nothing herein shall exempt a peace officer who either contracts for the peace officer's services or the services of others as a private patrol operator or contracts for the peace officer's services as or is employed as an armed private security officer. For purposes of this subdivision, "armed security officer" means an individual who carries or uses a firearm in the course and scope of that contract or employment.(l) A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless the officer is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless the officer is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless the officer is exempted under the provisions of Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in subdivision (d) of Section 26030 of the Penal Code. However, nothing herein shall exempt the retired peace officer who contracts for the officer's services or the services of others as a private patrol operator.(m) A licensed insurance adjuster in performing the adjuster's duties within the scope of the adjuster's license as an insurance adjuster.(n) A savings association subject to the jurisdiction of the Commissioner of Financial Protection and Innovation or the Comptroller of the Currency.(o) A secured creditor engaged in the repossession of the creditor's collateral and a lessor engaged in the repossession of leased property in which it claims an interest.(p) A peace officer in official police uniform acting in accordance with subdivisions (c) and (d) of Section 70 of the Penal Code.(q) An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of that person's duties, which may include, but are not limited to, the following business purposes: (1) The screening and monitoring access of employees of the same employer.(2) The screening and monitoring access of prearranged and preauthorized invited guests.(3) The screening and monitoring of vendors and suppliers.(4) Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility.(r) The changes made to this section by the act adding this subdivision during the 2005-06 Regular Session of the Legislature shall apply as follows:(1) On and after July 1, 2006, to a person hired as a security officer on and after January 1, 2006.(2) On and after January 1, 2007, to a person hired as a security officer before January 1, 2006.Ca. Bus. and Prof. Code § 7582.2
Amended by Stats 2022 ch 452 (SB 1498),s 6, eff. 1/1/2023.Amended by Stats 2019 ch 143 (SB 251),s 3, eff. 1/1/2020.Amended by Stats 2012 ch 700 (AB 1527),s 2, eff. 1/1/2013.Amended by Stats 2011 ch 725 (AB 144),s 2, eff. 1/1/2012.Amended by Stats 2010 ch 178 (SB 1115),s 4, eff. 1/1/2011, op. 1/1/2012.Amended by Stats 2005 ch 655 (SB 194),s 2, eff. 1/1/2006