HomeMy WebLinkAboutR-2007-018 Background Check FeesRESOLUTION NO. R-2007- ,1.8
A RESOLUTION authorizing the Yakima Police Department to assess and collect a
non-refundable fee from retired police officers applying to carry
concealed weapons under the provisions of the Law Enforcement
Officers Safety Act of 2004, 18 USC Chapter 44, section 926 C.
This fee will reimburse the cost of annual background checks
required by the provisions of this federal statute.
WHEREAS, the Law Enforcement Officers Safety Act of 2004, 18 USC Chapter 44
section 926 C was enacted into federal law in July of 2004; and
WHEREAS, this statute authorizes qualified retired law enforcement officers
carrying proper identification to carry concealed weapons notwithstanding any other
provision of the law of any State or political subdivision thereof; and
WHEREAS, the definition of a "qualified retired officer" is defined by the statute;
WHEREAS, background checks are necessary in order to confirm that a retired
officer is "qualified" under the terms of the statute; and
WHEREAS, this statute requires such retired officers to qualify annually to the
standards of the state in which he or she resides with a firearm of the same type as the
concealed firearm(s) and to carry documentation of that qualification; and
WHEREAS, there is currently no provision for the City of Yakima to recoup the
cost of the required background checks; and
WHEREAS, the qualified retired officers receive the benefits of the required
background checks; and
WHEREAS, it would be appropriate for qualified retired officers applying for
these background checks to bear the expense of such background checks; Now,
Therefore,
and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima Police Department is authorized to assess and collect a non-
refundable application fee from retired police officers applying for the annual background
checks required under the provisions of the Law Enforcement Officers Safety Act of
2004, to be paid at the time of application. This fee shall be collected to offset the cost
of performing the required background investigation necessary to process an
application, and shall be deposited into the general fund of the City of Yakima. The
application fee for police officers retired from the Yakima Police Department shall be set
at $5.00 per application, while the fee for retired law enforcement officers from other
jurisdictions shall be set at $10.00 per application in order to cover the higher costs
associated with those background checks.
ADOPTED BY THE CITY COUNCIL this 6th day of February., 2007.
avid Edt"er, Mayor
(jc)res/Retired Police Firearm Fee
PUBLIC LAW 108-277—JULY 22, 2004 118 STAT. 865
Public Law 108-277
108th Congress
An Act
To amend title 18, United States Code, to exempt qualified current and former Jnly 22, 2004
law enforcement officers from State laws prohibiting the carrying of concealed
handguns. [H.R. 218]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Law Enforcement
Officers Safety
SECTION 1. SHORT TITLE. Act of 2004.
This Act may be cited as the "Law Enforcement Officers Safety 18 USC 921 note.
Act of 2004".
SEC 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS
FROM STATE LAWS PROHIBITING THE CARRYING OF
CONCEALED R FSS,
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is amended by inserting after section 926A the following:
"§ 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 identi-
fication required by subsection (d) may carry a concealed firearm
that has been shipped or transported in interstate or foreign com-
merce, 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;
118 STAT. 866 PUBLIC LAW 108-277—JULY 22, 2004
"(5) is not under the influence of alcohol or another intoxi-
cating 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 photo-
graphic 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 OFFI-
CERS FROM STATE LAWS PROHIBITING THE CARRYING
OF CONCEALED FMAm1S.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is further amended by inserting after section 926B the following:
"§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 retire-
ment plan of the agency;
PUBLIC LAW 108-277—JULY 22, 2004 118 STAT. 867
"(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 intoxi-
cating 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
"(2XA) a photographic identification issued by the agency
from which the individual retired from service as a law enforce-
ment officer; and
"(B) a certification issued by the State in which the indi-
vidual 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:
"9260. Carrying of concealed firearms by qualified retired law enforcement offi-
cers.".
Approved July 22, 2004.
LEGISLATIVE HISTORY—H.R. 218 (S. 253):
HOUSE REPORTS: No. 108-560 (Comm. on the Judiciary).
SENATE REPORTS: No. 108-29 accompanying S. 253 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 23, considered and passed House.
July 7, considered and passed Senate.
0
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of February 6, 2007
ITEM TITLE: Consideration of a Resolution Authorizing the Yakima Police Department to
Assess a Fee in Return for Performing Background Checks Pursuant to the
Provisions of the Law Enforcement Officers Safety Act of 2004 18 USC 926 C.
SUBMITTED BY: Samuel Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Samuel Granato — 575-6211
Lt. Gary Belies — 576-6547
Jeff Cutter — 575-6033
SUMMARY EXPLANATION:
Attached is a resolution authorizing the Yakima Police Department to assess an application
fee to be paid by police officers retired from this and other police departments when applying
to carry concealed weapons under the provisions of the Law Enforcement Officers Safety Act
of 2004 18 USC Chapter 44 section 926 C. The fee will cover the costs of performing annual
background checks required by this federal legislation and is consistent with the provisions of
the federal legislation.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: It is recommended that the Council adopt the resolution
authorizing the Yakima Police Department to assess and collect the application fee.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-18