Loading...
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