HOUSE BILL ANALYSIS

HB 1562

Title:An act relating to the rights of correctional officers employed by the department of corrections.

Brief Description:Regulating rights of correctional officers.

Sponsors: Representatives Smith and Carrell.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:  Yvonne Walker (786-7841)

Background:  A person is generally prohibited from carrying a concealed pistol without a license to do so.  Except for in a person=s home or place of business, a concealed pistol license is required before a person may legally carry a concealed pistol.

In addition to the license requirement regarding concealed pistols, the law contains a general prohibition against the open carrying of any firearm.  With numerous exceptions, no one may carry a firearm unless the firearm is unloaded and enclosed in an opaque case or secure wrapper.  The exceptions to this prohibition against openly carrying a firearms apply to being on one=s own property or in an area where shooting is not prohibited, and also apply to engaging in and traveling to and from activities such as hunting, trapping, firearms= training, target practice, and firearms= competition.  In addition, there are exceptions for persons who are licensed to carry concealed pistols, persons with unloaded firearms secure in place in a vehicle, persons carrying firearms to and from vehicles for the purpose of repair, and law enforcement officers.  A city, town, or county may enact an ordinance exempting itself from this Acase and carry@ rule.

Certain individuals are exempted from the requirement for a concealed pistol license and from the requirement that a firearm be carried in an opaque case or secure wrapper.  Those who are exempted include: law enforcement personnel; military personnel while on duty; other governmental personnel authorized to carry concealed pistols; persons engaged in the business of manufacturing, repairing, or dealing in firearms while in the course of business; members of groups authorized to receive pistols from the government; members of target shooting clubs or collectors clubs while shooting or exhibiting firearms or while en route to or from their practice or exhibition places; and hunters while hunting.

All correctional officers employed by the Department of Corrections are prohibited from carrying or possessing a firearm while on the grounds of department facilities.  A violation of this policy is cause for disciplinary action and possibly dismissal.

Summary:  A corrections officer, who is not a law enforcement officer, may carry a concealed firearm during the officer=s travels to and from the workplace without complying to the Acase and carry rule.@

Require the Exercise of Rule- Making Powers:  No

Fiscal Note:  Requested on February 4, 1997.

Effective Date:  Ninety days after adjournment of session in which bill is passed.