TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL

State of California

GEORGE DEUKMEJIAN
Attorney General

_________________________

OPINION :
: No. 81-615
of :
: FEBRUARY 5, 1982
GEORGE DEUKMEJIAN :
Attorney General :
:
Jack R. Winkler :
Assistant Attorney General :
:
Thomas Y. Shigemoto :
Deputy Attorney General

________________________________________________________________________

THE HONORABLE TOM BANE, MEMBER OF THE CALIFORNIA

ASSEMBLY, has requested an opinion on the following questions:

1. May a California peace officer lawfully possess a billy club, blackjack

or policeman's baton?

2. Is it lawful to sell a billy club, blackjack or policeman's baton to a

peace officer in California?

CONCLUSION

1. A California peace officer may lawfully possess a billy club,

blackjack or policeman's baton if the head of his law enforcement agency has authorized
such possession.

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 2. The sale of a billy club, blackjack or policeman's baton to a peace
officer authorized by the head the officer's law enforcement agency to carry the same is
lawful in California.

ANALYSIS

Section 12020(a) of "the Dangerous Weapons' Control Law" (Pen. Code,

12000, et seq.)1 states in part:

"Any person in this state who manufactures or causes to be

manufactured, imports into the state, keeps for sale, or offers or exposes for
sale, or who gives, lends, or possesses any . . . instrument or weapon of the
kind commonly known as a blackjack, slungshot, billy, nunchaku, sandclub,
sandbag, sawed-off shotgun, or metal knuckles, . . . is guilty of a felony, and
upon conviction shall be punishable by imprisonment in the county jail not
exceeding one year or in a state prison . . . ."

And section 12002(a) provides:

"Nothing in this chapter prohibits police officers, special police

officers, peace officers, or law enforcement officers from carrying any
wooden club, baton, or any equipment authorized for the enforcement of law
or ordinance in any city or county."

We are initially asked whether a California peace officer may lawfully

possess a billy club, blackjack or policeman's baton. Section 12020(a) prohibits the
possession of a blackjack and billy but not a baton. ln 56 Ops.Cal.Atty.Gen. 506, 507
(1973) we stated: "A blackjack is generally defined as 'a short bludgeon consisting of a
heavy head, as of metal on an elastic shaft or with a flexible handle.' [Citation omitted.]
The general characteristics of the blackjack are that it is easily concealed upon the person
and so weighted as to constitute an effective and silent weapon of attack." We went on to
state: "a 'billy' . . . is defined as 'a bludgeon, as one for carrying in the pocket, a policeman's
club.' [Citation omitted.] . . . It should be noted that there is little, if any, difference
between a blackjack and a billy." (Id., at p. 508.)

Although section 12020(a) does not prohibit the possession of a policeman's

baton as such, it is an "instrument or weapon of the kind" or class commonly known as a
billy club or blackjack and falls within the proscription. (Cf. People v. Wasley (1966) 245

1
Hereafter all unidentified section references will be to the Penal Code.

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Cal.App.2d 383, 386; People v. Canales (1936) 12 Cal.App.2d 215, 217; 56
Ops.Cal.Atty.Gen., supra, at pp. 507-508.)

Section 12020 is derived from section 1 of the deadly weapon law of 1923
(Stats. 1923, ch. 339., amended Stats. 1925, ch. 323) which stated in part:

". . . every person who within the State of California . . . keeps for
sale, or offers or exposes for sale . . . any instrument or weapon of the kind
commonly known as a blackjack, slungshot, billy shall be guilty of a felony
. . . ."

In Ops.Cal.Atty.Gen. 5238 (1925), we concluded that the proscription of

section 1 of the deadly weapon law of 1923, applying as it did to "every person" without
limitation, precluded officers of the law from carrying such weapons. Shortly thereafter
the Legislature amended the section by adding the following:

". . . provided, however, that nothing in this act shall prohibit police
officers, special police officers, peace officers, or law enforcement officers
from carrying any wooden club, baton, or any equipment authorized by the
properly constituted authorities for the enforcement of law or ordinance in
any town, municipality, county, city and county in the State of California."
(Stats. 1925, ch. 323, § 1.)

This exemption for the specified officers, including "peace officers," allowing them to
carry "any wooden club, baton, or any equipment authorized" by the properly constituted
authorities, has been retained to the present time. (§ 12002, supra.)

In 10 Ops.Cal.Atty.Gen. 102-103 (1947) we concluded that in order for

members of the California Highway Patrol to carry wooden clubs, authorization was
required from the Commissioner of the California Highway Patrol. In other words, for a
peace officer to carry any wooden club, baton or any other equipment for law enforcement
purposes, there must be authorization by the head of that peace officer's law enforcement
department. Although a billy club and blackjack are not specifically mentioned in section
12002(a), they constitute equipment which may be authorized for law enforcement use
under that section.

Section 12002(a) grants to the head of a law enforcement agency the power
to authorize the officers of that agency to carry equipment for the enforcement of the law
where possession of such equipment would otherwise be proscribed by the Dangerous
Weapons Control Law. Where a statute confers powers or duties in general terms, all
powers and duties incidental and necessary to make such legislation effective are included

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by implication. (Clay v. City of Los Angeles (1971) 21 Cal.App.3d 577, 585.) Carrying
an authorized weapon while on duty as a peace officer clearly includes possession of the
weapon by the peace officer. Furthermore such weapon must be stored somewhere while
the peace officer is off duty and be readily accessible to the officer when he goes on duty.
Be therefore conclude that the power granted to authorize officers of a law enforcement
agency to carry equipment for the enforcement of the law includes by implication the
power to authorize such officers to possess such equipment while it is not in use at some
convenient place such as a police locker, patrol car or the officer's home or vehicle.

We are also asked whether it is lawful to sell a billy club, blackjack or baton
to a peace officer in California. Section 12020(a) makes the manufacture; importation;
keeping, offering or exposure for sale; giving; lending or possessing any blackjack or billy
in this state a felony. While the statute does not expressly proscribe their sale it has been
construed to include sale by implication. In People v. Makovsky (1935) 3 Cal.2d 366 the
defendant was charged with unlawful sale of blackjacks and billies in violation of the
Dangerous Weapons Control Law of 1923. The court affirmed the conviction. Thus sale
as well as keeping, offering and exposure for sale is proscribed by the statute.

Section 12002(a) carves out an exception to the proscriptions of section

12020(a) to accommodate the needs of law enforcement. This exception allows peace
officers to possess the proscribed weapons when so authorized by their department head.
To make this exception meaningful, authorized peace officers must have some means of
obtaining such weapons themselves or leave the state to acquire them. We are persuaded
that the Legislature intended to authorize those who are engaged in the business of
providing equipment to law enforcement agencies to sell those weapons proscribed by
section 12020(a) to those officers authorized to carry the same as provided in section
12020(a) within the State of California. Prudence would suggest that the seller of such
weapons obtain a copy of some written authorization of the buyer to carry the weapon prior
to its sale and delivery to the buyer. We conclude that the sale of a billy club, blackjack or
policeman's baton to a peace officer authorized by the head of the officer's law enforcement
agency to carry the same is lawful in California.

*****

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 SIGN IN SUBSCRIBE

U.S.

R ight-wing and left wing protesters brawled on the streets of Portland Saturday night during
a "law and order" march by the conservative Patriot Prayer group.

Patriot Prayer members fought black clad members of Antifa on Southwest Washington Street,
reported the Oregonian, using batons, bear spray and fists to attack each other before being
dispersed by police in riot gear using pepper balls.

Right-wing rally organizer, Patriot Prayer founder and Republican Senate candidate Joey Gibson (C) speaks during a
campaign rally for Gibson in Portland, Oregon, August 4, 2018
GETTY IMAGES

Videos posted on social media appear to show members of rival groups beating each other in
skirmishes in the city, with police clearing the streets after 7.30pm local time to break down the
clashes, reported the Portland Tribune.
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https://www.newsweek.com/far-right-patriot-prayer-and-antifa-clash-batons-and-pepper-spray-streets-1168798 2/11
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DEPARTMENT OF CONSUMER AFFAIRS
Bureau of Security and Investigative Services

BATON TRAINING MANUAL

ADMINISTRATIVE PROCEDURES

January 2020

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 ACKNOWLEDGEMENT

The Department of Consumer Affairs would like to thank the following individuals for
volunteering their time, experience, and expertise to this project. This Baton Training
Manual is the result of their professionalism and dedicated effort.

• Steve Uhrig, Adjunct Professor, California University of Protection and Intelligence

Management and Director of Training for Inter-Con Security Systems, Inc.

• Steve Caballero, EdD, President, California Security Training Academy

• Tommie Turner and Kevin Gors, Directors of Training, Seal~Mar Training Facility (Law
Enforcement and Security) Hayward, California.

• Rolando Taeza, Associate Governmental Program Analyst, Bureau of Security and

Investigative Services

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 TABLE OF CONTENTS

Page

ACKNOWLEDGEMENT ............................................................................................................... 2

TABLE OF CONTENTS ................................................................................................................ 3

PREFACE ........................................................................................................................................ 4

INTRODUCTION ........................................................................................................................... 5

Obtaining a Supply of Baton Permits ............................................................................................. 6

Equipment ........................................................................................................................................ 6

Student Registration......................................................................................................................... 6

Completing the Report of Baton Permits Issued ......................................................................... 6-7

Sample – Report of Baton Permits Issued ................................................................................... 8-9

Voiding Baton Permits... ............................................................................................................... 10

Issuing Baton Permits... ................................................................................................................. 10

Replacing Baton Permits... ............................................................................................................ 10

Instructor/Facility Responsibility to Bureau .................................................................................. 11

Instructions for Administering the Written Examination ............................................................. 12

Baton Training Written Examination ...................................................................................... 13-16

Baton Training Written Examination Answer Sheet ..................................................................... 17

Baton Training Written Examination Answer Key ....................................................................... 18

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 PREFACE

The baton training course is designed to give baton permit applicants/students the minimum level of
proficiency to carry and use a baton while on duty as private security guards. Individuals who are
required to obtain a baton permit must be instructed in the format described in Section 7585.9(a) of
the Business and Professions Code (BPC). The Bureau’s Baton Training Manual provides that
format.

OVERVIEW OF ORGANIZATION AND COVERAGE

The Bureau’s Baton Training Manual consists of two separate handbooks organized as follows:

HANDBOOK ONE – Administrative Procedures

This handbook provides baton training facilities and baton training instructors with guidance about
how to administer the examination, obtain a supply of baton permits, void baton permits, and
replace baton permits.

HANDBOOK TWO – Student Guide and Course Outline

CHAPTER ONE – Moral and Legal Aspects of Baton Usage

Discusses the moral and legal aspects of using a baton, guard and employer responsibilities, and
criminal, civil and vicarious liability.

CHAPTER TWO – Use of Force

Discusses use of force, avoidance of deadly force, de-escalation of force, and escalation of force.

CHAPTER THREE – Baton Familiarization and its Uses

Defines and describes the side handle, side handle expandable, straight, and straight expandable
batons.

CHAPTER FOUR – First-Aid for Baton Injuries

Discusses basic first-aid instruction for baton injuries.

CHAPTER FIVE – Fundamentals of Baton Handling

Discusses stances and grips, and differentiates between the areas of the body that are target strike
areas and those that must be avoided. Explains defensive and arrest and control techniques that a
student must learn and demonstrate.
BATON TRAINING FACILITIES ARE ASKED TO PROVIDE EACH STUDENT WITH A COPY OF THE STUDENT
TEXT (HANDBOOK TWO). FOR THE DURATION OF THE TRAINING COURSE, STUDENTS SHOULD BE
ALLOWED EITHER TO KEEP A COPY OF HANDBOOK TWO OR BORROW FROM THE FACILITY A COPY OF
THE HANDBOOK. CHARGING THE STUDENT REASONABLE DUPLICATION FEES WILL COVER THE ACTUAL
COST OF EITHER OPTION.

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 INTRODUCTION

To be certified to use and carry a baton while performing the duties of a security guard, students
MUST complete a minimum of eight (8) hours of instruction (Business and Professions Code
section 7585.13). Students must also pass a written examination.
The Baton Training Manual is intended to outline the minimum training requirements that
must be provided to students. All material in the manual must be covered in every baton
training course.

Baton training facilities may determine the organization and method of delivery of instruction.
However, any change in test criteria or any reduction in the required eight (8) hours of instruction
may constitute violation(s) of the Penal Code (PC) or Business and Professions Code (BPC).

The objectives of the manual are to: (1) teach students discretion and restraint in the use of a baton,
and (2) provide an outline of techniques of baton handling. Those eligible to take the training course
are:

1. Registered security guards (BPC section 7585.14.), and

2. Security guard applicants (BPC section 7585.14.).

Security guards, whether they are employed by a private patrol operator (PPO) or by an in-house
employer, must have a valid security guard registration card and a baton permit before they may
lawfully carry a baton on-duty.

Baton training facilities may train security guards and issue baton permits. However, prospective
guards may not use nor carry batons until a two-year guard registration has been issued to the guard.
Penal Code section 12002 strictly limits the class of trained individuals who may lawfully
carry batons. Baton training facilities may issue baton permits to security guards only.

Baton permits do not expire.

Note: A security guard who has received a baton permit before January 1, 1983, from a training
facility that was approved by the Commission on Peace Officer Standards and Training (P.O.S.T.),
does not need to obtain a Bureau-issued permit (Penal Code section 12002 (e)).

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 ADMINISTRATIVE PROCEDURES

Obtaining a Supply of Baton Permits

Baton training facilities may obtain a supply of baton permits by submitting a written request to the
Bureau and enclosing a check or money order.

The statutory fee for each baton permit is $60. There is no limit on the number of permits that may
be obtained. The Bureau will issue permits to baton training facilities only after the Bureau receives
full payment for the permits (Business and Professions Code section 7585.14 (b)). Permits will be
sent by certified mail to the licensed baton training facility only.

Baton training facilities will also receive a form entitled Report of Baton Permits Issued (roster) for
use in reporting the names, addresses, registration numbers, dates of birth, and baton permit
numbers of each person to whom the facility issues a permit (Business and Professions Code section
7585.14 (c)).

Equipment
Unless applicants are informed before class that they are required to bring equipment (e.g., belts,
rings, grommets), baton training facilities should be prepared to supply all necessary equipment.

Student Registration
Applicants requiring baton training must present a valid security guard registration or a copy of
their application for security guard registration.

Completing the Report of Baton Permits Issued

Within five working days following the completion of each eight-hour class conducted by a baton
training facility, the facility must complete and send to the Bureau a roster of students (see sample
on Page 8). Rosters should be typed.

Each baton training instructor who provided training during the class must sign and date the roster.

All items on the roster must be completed, as follows (the numbers below correspond to the roster’s
numbers):

1. Date Permit Issued:
2. Instructor Name:
3. Baton Facility Name:
4. Facility Certificate
5. Instructor Certificate
Number:
6. Baton Permit Number:
Enter the date the baton permit was issued to the applicant.
Enter the names of all instructors teaching the course.
Enter name printed on the facility’s certificate.
Enter the number printed on the facility’s certificate:
Enter the number(s) printed on instructor(s) certificate(s).
Enter the number that is preprinted on the baton permit - located in
the middle of the permit.

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7. Name of Trainee: Enter the applicant’s name (last name first), as it appears on the
applicant’s guard registration card or application for registration.
Check the applicant’s name against a driver’s license or other form of
reliable photographic identification.
8. Date of Birth: Enter the month, day, and year of applicant’s birth.
9. Residence Address: Enter the applicant’s current home address.
10. Social Security: Enter the applicant’s social security number.
Number
11. Guard Registration Enter the applicant’s current guard registration number. If the
Number: applicant does not have a current guard registration, enter the date
the application was signed.

*** IMPORTANT: Rosters must be in permit number sequence. ***

All permits must be accounted for.

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 REPORT OF BATON PERMITS ISSUED
This report, also referred to as a roster, must be completed and sent to the Bureau within five working days following the
issuance of baton permits (Business and Professions Code section 7585.14 (c)). This roster must be typed. This report is also
to be used to report voided permits.
1. DATE PERMIT ISSUED 2. INSTRUCTOR NAME

3. BATON FACILITY NAME 4. FACILITY CERTIFICATE NUMBER 5. INSTRUCTOR CERTIFICATE NUMBER

6. BATON 7. NAME OF TRAINEE: 8. DATE OF 9. RESIDENCE ADDRESS: 10. SOCIAL SECURITY

11. SECURITY GUARD
PERMIT # LAST FIRST M. BIRTH (Include number and street, city, state, and zip) NUMBER
REGISTRATION NUMBER

SIGNATURE OF INSTRUCTOR REQUIRED ON REVERSE SIDE

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8
 REPORT OF BATON PERMITS ISSUED
1. DATE PERMIT ISSUED 2. INSTRUCTOR NAME

3. BATON FACILITY NAME 4. FACILITY CERTIFICATE NUMBER 5. INSTRUCTOR CERTIFICATE NUMBER

11. SECURITY GUARD

6. BATON 7. NAME OF TRAINEE: 8. DATE OF 9. RESIDENCE ADDRESS: 10. SOCIAL SECURITY
REGISTRATION
PERMIT # LAST FIRST M. BIRTH (Include number and street, city, state, and zip) NUMBER
NUMBER

I certify under penalty of perjury, under the laws of the State of California, that the listed permits were issued in accordance with section 7585.14 of the Business and
Professions Code and that I was the instructor of said baton training course.

_______________________________________________ ___________________________
INSTRUCTOR SIGNATURE DATE

The official responsibility for the maintenance of this information is the Chief of the Bureau of Security and Investigative Services. This information may be transferred to other
governmental and/or enforcement agencies. Each individual has the right to review the records pertaining to themselves maintained by the agency unless the records are
identified as confidential and exempted by section 1798.3 of the Civil Code.

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9
Voiding Baton Permits
There are no acceptable reasons for a voided permit. Credit will not be extended to anyone
attempting to void a permit. Therefore, care should be taken to secure permits against lost, theft, or
destruction.
In the event of a typographical error or mutilation, a “void” may be entered onto the roster.
However, credit will not be extended.

Issuing Baton Permits

To avoid the risk of loss in the mail, baton permits should be issued and immediately hand delivered
to the applicant/student upon successful completion of the training course.
To Issue a Baton Permit:
• Enter the date the course was completed.
• Enter the instructor’s certificate number.
• Enter the baton permit number.
• Do not enter an expiration date. Baton permits do not expire.
• The instructor must sign the permit.
Replacing Baton Permits
In the event of loss, theft, or destruction of a previously issued permit, the Bureau will directly issue
a replacement permit to security guards who have received training after January 1, 1983. Guards
requiring a replacement permit must provide the Bureau with the following information:
• Photocopy of Report of Baton Permits Issued (roster) that includes information about the
missing permit.
If the roster is no longer available, the following information is required:
• School name and facility license number.
• Instructor’s name and certificate number.
• The original date of course completion.
• Baton permit number issued (if available).
In addition, the following information must be provided:
• Copy of current security guard registration.
• Permit holder’s current mailing address.
• Permit holder’s current phone number.
• Twenty-five dollar ($25) replacement fee. (see BPC sections 7585.16 and 7588.)
If training was received before January 1, 1983, a replacement may not be issued and the registrant
will be required to re-train.
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Instructor/Facility Responsibility to Bureau
Instructors and baton training facilities owe certain responsibilities to their students and the Bureau.
Disciplinary action may be taken against instructors or facilities that violate the law. For example,
an instructor or facility certificate may be cancelled or an administrative fine may be issued for
violations, including without limitation, of the following (see Business and Professions Code (BPC)
sections 7585.19, 7587.7 and 7587.12):

Violation BPC section Amount of Fine

Failure to maintain student 7585.19 (a) (1) $100 - 1st Violation

records $500 - Each violation
thereafter

Failure to submit records 7585.19 (a) (2) $100 - 1st violation

to the Bureau $500 - Each violation
thereafter

Give inaccurate instruction 7585.19 (a) (3) $500 - Each violation

regarding the law

Use improper caution so as to 7585.19 (a)(4) $500 - Each violation

endanger students

Failure to instruct according 7585.19(5) $500 - For each hour

to the Baton Training Manual shortened

Allow a non-certified instructor 7585.19(a)(7) $500 Each violation

to teach any part of the course

Falsify any application or 7585.19(a)(9) $1,000 - Each violation

certificate

Failure to notify the Bureau of 7585.19(a) (10) $500 - Each violation

any classroom incident involving
students who may be a hazard to
the public

Failure to notify the Bureau of 7585.19(a) (11) $100 - 1st Violation

a change of employment of $500 - Each violation
instructor thereafter

Failure to notify the Bureau of 7587.14 $50 - Each violation

a change of residence or business
address within 30 days

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INSTRUCTIONS FOR ADMINISTERING THE WRITTEN EXAMINATION

To complete the Baton Training Course successfully, students must obtain an acceptable rating on
the written examination. The written examination contains 24 questions, with each question worth
one point. To receive a passing score, students must obtain a minimum score of 20 points AND
correctly identify the vital areas of the body to be avoided.

1. This is not an open book examination. A certified baton training instructor must administer
the examination and score the answer sheets. Each student must be supplied with a writing
instrument, a copy of the written examination, and a blank answer sheet.

2. Students must also be provided with a quiet environment and allowed as much time as
needed to complete the examination.

3. Each student must enter the current date, the student’s name and guard registration number
(or, if not registered, the date the guard application was signed), in the space provided at the
top of the answer sheet. The student must mark the answers on the answer sheet by circling
the letters that correspond with the selected answers. Erasures must be clean and complete.
If more than one answer is provided to any one question, the student may not receive credit
for that question. Students must also correctly identify all vital areas of the body that, when
struck, could result in serious or fatal injury.

4. Each student must sign the answer sheet before submitting it for grading.

5. The examination must be carefully graded, using the answer key (See Page 18). If a student
fails to receive a passing score of 20 points or fails to correctly identify the vital areas of the
body, a re-test may be administered at the instructor’s discretion. A re-test may be given on
the day of the initial testing or at a later date. Should the instructor allow a student to re-test,
the failing score must be recorded in the box marked, “Instructor Use Only,” on the old
answer sheet.

6. Along with recording the student’s score, the instructor must also enter the instructor’s
name; the instructor’s certificate number; the facility name; and the facility certificate
number in the “Instructor Use Only” box.

7. The instructor must print their name and sign the answer sheet.

8. All answer sheets, regardless of passage or failure, must be retained for at least two years.
(Business and Professions Code section 7585.15).

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 BATON TRAINING WRITTEN EXAMINATION
In the space provided at the top of your answer sheet, enter the date of examination, your name, and
your guard registration number or, if not registered, the date you applied for registration. Mark the
answers on your answer sheet by circling the answer of your choice. Erasures must be clean and
complete. If you select more than one answer per question, you will not be given credit for that
question. After completing the examination, sign your answer sheet and give it to your instructor.
There are 24 possible points; each question is worth one point. In order to pass this examination,
you must obtain a minimum score of 20 and correctly identify the vital areas of the body that, when
struck, would result in serious or fatal injury. These vital areas should be avoided when using a
baton.

1. If you use your baton, you should remember that you might be required to justify your
actions:

a. in criminal court.
b. in civil court.
c. to your employer.
d. all of the above

2. A baton strike to the head, throat, or spine:

a. is usually fatal.
b. could be fatal.
c. always causes paralysis.
d. is always fatal.

3. A guard who carries a baton without a baton permit may be:

a. fined $100 by the Bureau for the first offense.

b. fined $200 by the Bureau for the second and all future offenses.
c. charged with a criminal violation of Penal Code Section 12020(a), which is a felony.
d. all of the above

4. While your baton permit does not expire and there is no statute requiring further training, the
Bureau encourages continuous training so that you may be able to carry the baton with
confidence to effectively and legally defend yourself.

a. true
b. false

5. During a non-life-threatening situation, the baton should not be used to strike above the:

a. waist.
b. shoulders.
c. groin.
d. knees.
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6. If a private patrol operator allows you to carry a baton before you complete baton training
and receive a baton permit, the company may be fined by the Bureau in the amount of:

a. $100.
b. $300.
c. $2,500.
d. nothing- the private patrol operator’s license is automatically revoked.

7. When you are first confronted with a situation that could escalate, you should first consider:

a. arresting the suspect without getting hurt.

b. looking for a telephone to call for help.
c. remaining calm and attempting to control the situation by talking to the person.
d. finding a witness.

8. Suppose a man, somewhat smaller than you, is having an argument with your client. It
looks like the conversation is escalating to a serious situation. You should first:

a. tell the man he has 10 seconds to leave.

b. make your presence known and be prepared to act defensively.
c. call the police and tell them you have a suspect under surveillance.
d. draw your baton out of the ring and tap it in the palm of your hand.

9. Which factor would you not consider when deciding whether to use your baton?

a. size of the subject.

b. whether the subject may be under the influence of drugs.
c. whether you will have to make a report.
d. whether the subject is armed.

10. When you are not on-duty, you may wear your baton as long as you have your baton permit
in your possession.

a. true
b. false

11. You may carry a baton on-duty as long as you have a firearms permit in your possession.

a. true
b. false

12. Battery is any willful and unlawful use of force or violence upon another person.

a. true
b. false

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13. The baton is an offensive weapon.

a. true
b. false

14. The head, spine, and kidneys are vital areas to be avoided when using a baton, unless there
is a deadly attack on you or another person.

a. true
b. false

15. You may carry a baton on-duty without a security guard registration in your possession.

a. true
b. false

16. You are escorting an unruly rock concert patron to the exit. He screams and insults you,
using profanity. You would be justified in jabbing him with your baton.

a. true
b. false

17. You should meet physical force with only that amount of force reasonable to defend
yourself and control the situation.

a. true
b. false

18. If you use too much force with your baton and the Director of the Department of Consumer
Affairs determines that you are a hazard to public safety, your permit may be suspended and
your employer will be notified of the suspension.

a. true
b. false

19. Criminal liability means you have to pay damages after being sued.

a. true
b. false

20. If you are arrested after using your baton in a physical altercation, your employer must
report the incident to the Bureau within seven days.

a. true
b. false

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21. In-house or proprietary guards are required to have both a guard card and baton permit if
they carry a baton on-duty.

a. true
b. false

22. If someone trespasses onto property that you are protecting, you would be justified in using
deadly force.

a. true
b. false

23. Practicing baton techniques in front of a mirror is a good idea.

a. true
b. false

24. A baton may be carried on your weak or your strong side.

a. true
b. false

Correctly identify the vital areas of the body to be avoided when using the baton:

A. __________________________
B. __________________________
C. __________________________
D. __________________________
E. __________________________
F. __________________________
G. __________________________

16

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 BATON TRAINING WRITTEN EXAMINATION
ANSWER SHEET
Date: _____________________________
Student Name:______________________
Guard Registration No._______________
-- or --
Date of Application
of Guard Registration:_______________
INSTRUCTOR USE ONLY
Score:______________________/24
Instructor Name:______________________
Instructor Cert. No.:_________________
Facility Name:________________________
Facility Cert. No.:___________________

Circle One Answer Per Question Vital Areas of the Body to Avoid
1. a b c d 13. a b A. _____________
2. a b c d 14. a b B. _____________
3. a b c d 15. a b C. _____________
4. a b 16. a b D. _____________
5. a b c d 17. a b E. _____________
6. a b c d 18. a b F. _____________
7. a b c d 19. a b G. _____________
8. a b c d 20. a b
9. a b c d 21. a b
10. a b 22. a b
11. a b 23. a b
12. a b 24. a b

_______________________________
Student Signature

This answer sheet must be kept on file at the training facility for two years (Business and
Professions Code section 7585.15)
I declare under penalty of perjury, under the laws of the State of California, that the answer sheet was completed by the
student identified herein; that the student successfully completed the classroom portion of the baton training; that the
student correctly named the vital areas of the body; and that the score indicated reflects the student’s actual score.

__________________________ ____________________________
Instructor’s Name (print) Instructor Signature

17

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DEPARTMENT OF CONSUMER AFFAIRS
Bureau of Security and Investigative Services

BATON TRAINING MANUAL

STUDENT TEXT

MARCH 2006

ACKNOWLEDGEMENT
1
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The Department of Consumer Affairs would like to thank the following individuals for
volunteering their time, experience, and expertise to this project. This Baton Training Manual is
the result of their professionalism and dedicated effort.

• Steve Uhrig, Adjunct Professor, California University of Protection and Intelligence

Management and Director of Training for Inter-Con Security Systems, Inc.

• Steve Caballero, Ed.d, President, California Security Training Academy

• Tommie Turner and Kevin Gors, Directors of Training, Seal~Mar Training Facility (Law
Enforcement and Security) Hayward, California.

• Rolando Taeza, Associate Governmental Program Analyst, Bureau of Security and Investigative
Services

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 STATE OF CALIFORNIA
BUREAU OF SECURITY AND INVESTIGATIVE SERVICES

TABLE OF CONTENTS
Page

ACKNOWLEDGEMENT ..............................................................................................................2

TABLE OF CONTENTS............................................................................................................. 3-4

INTRODUCTION…………… .......................................................................................................5

BATON TRAINING OUTLINE--Recommended Instruction Sequence........................................5

I. MORAL AND LEGAL ASPECTS...................................................................................6

A. Guard Responsibilities .................................................................................6

B. Employer Responsibilities ...........................................................................6

C. Criminal Liability.........................................................................................7

D. Civil Liability...............................................................................................7

E. Vicarious Liability .......................................................................................7

II. USE OF FORCE ...............................................................................................................8

A. The Continuum of Force..............................................................................8

B. Reasonable/Rational Force ..........................................................................8

C. Force Against Insulting Words ....................................................................8

D. Force Against Trespassing...........................................................................8

E. Force Against Assault with Hands and Fists ...............................................9

F. Deadly Force................................................................................................9

G Force in Defense of Another and Property ..................................................9

H. Avoidance of Deadly Force – De-escalation of Force........................... 9-11

I. Escalation and De-escalation of Force................................................. 11-12

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III. BATON FAMILIARIZATION AND USES..................................................................13

A. Description of Straight Expandable/Straight Baton...................................13

B. Description of Side Handle/Side Handle Expandable Baton…………….14

IV. FIRST AID FOR BATON INJURIES ...........................................................................15

A. Definition of First Aid ...............................................................................15

V. FUNDAMENTALS OF BATON HANDLING .............................................................16

A. Stances and Grips.......................................................................................16

B. Target Areas...............................................................................................16

C. Defensive Techniques................................................................................17

D. Control Techniques....................................................................................18

E. Arrest and Control Techniques ..................................................................18

VI. CALIFORNIA PENAL CODE SECTIONS ........................................................... 19-20

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 INTRODUCTION

The baton training course is designed to give students the minimum level of proficiency to carry and use
a baton while on duty as private security guards. Individuals required to obtain a baton permit must be
taught in the format described in Section 7585.9(a) of the Business and Professions Code. The Baton
Training Manual provides that format.

Under existing law, the Bureau of Security and Investigative Services (the “Bureau”) only has authority
to issue "a baton permit" or a "baton instructor certificate. The Bureau shall issue only a single
"generic" type of baton permit and baton instructor certificate.

All licensees holding a baton permit may carry any type of baton on the job regardless of the type
specified on the baton permit so long as he or she is proficient in the use of the device.

In summary, the Bureau has the authority to require an applicant to undergo baton training in order to
receive a baton permit and for an applicant to meet a set of specific criteria to receive a baton instructor
permit. However, once a permit or certificate is issued, the holder may carry or teach any type of baton.

BATON TRAINING OUTLINE

Instructors are to ensure that the course they teach complies with all baton course subjects listed
below as stated in Business and Professions Code Section 7589.9.

7585.9. (a) The course of training in the carrying and usage of the baton, the satisfactory completion of
which shall be required of applicants who wish to obtain a baton permit, shall be in the format
prescribed by the Department of Consumer Affairs as delineated in the bureau's "Baton Training
Manual." The course of training contained in the manual shall include, but not be limited to, the
following subjects:

(1) Moral and legal aspects of baton usage.

(2) Use of force.
(3) Baton familiarization and uses.
(4) First aid for baton injuries.
(5) Fundamentals of baton handling.
(A) Stances and grips.
(B) Target areas.
(C) Defensive techniques.
(D) Control techniques.
(E) Arrest and control techniques.
(6) Examination of the subject matter as taught in the classroom and as provided by the bureau.

The Baton Training Manual is to be used as a guide in an approved baton training course.

1. It will help instruct you on the appropriate discretion and restraint in using a baton.
2. It will specify methods of baton handling once you have determined it is necessary to use the
baton.
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 RECOMMENDED INSTRUCTION SEQUENCE

CHAPTER I
MORAL AND LEGAL ASPECTS OF BATON USAGE
A. Guard Responsibilities

Although you may be trained in the use of the baton and have received your baton permit, you may not actually
carry the baton until you are in possession of a valid guard registration card. Keep in mind that your baton permit
will authorize you to carry a baton while on duty, while directly en route to or from your home, to your work site
with a valid security guard registration.

Security guard renewal applications should be submitted to the Bureau at least 90 days prior to the date of
expiration to ensure continuous possession of a valid baton permit.

While your baton permit does not expire and there is no statute requiring further training, the Bureau
encourages continuous training so that you may be able to carry the baton with confidence to effectively
and legally defend yourself.

• Guards who carry a baton while on duty but who do not have possession of a baton permit are subject
to a $100 fine for the first violation and $200 for each subsequent violation (Business and Professions
Code Section 7587.10 (a)). They also may be charged with felony possession of a deadly weapon,
Penal Code Section 12020 (a).

• Guards who use excessive or unjustifiable force may be suspended from employment after official
notice from the Director of the Department of Consumer Affairs to the guard and to his or her
employer (Business and Professions Code Section 7583.15). That code section provides for the
immediate suspension of any registrant or licensee who is considered a hazard to public safety.
Suspension is followed by action to seek revocation of the security guard’s registration.

• An in-house security guard who carries a baton must also possess a Bureau-issued security guard
registration. (Business and Professions Code Section 7582.2)

B. Employer Responsibilities

• Licensees who allow employees to carry a baton without a baton permit may be fined $2,500 for the
each violation. (Business and Professions Code Section 7587.8(e).)

• Licensees must report physical altercations involving a security guard resulting in: (1) the arrest of
the security guard; (2) the filling of a police report by a member of the public; (3) injury on the part
of a member of the public that requires medical attention; or, (4) the discharge, suspension, or
reprimand of a security guard by his or her employer. (Business and Professions Code Section
7583.2(g)).

If a security guard is forced to use the baton and it results in one or more of the actions above, the employer must
report the altercation to the Bureau within seven days or the employer will be fined $500 for the first violation and
$1,500 for each subsequent violation (Business and Professions Code Section 7583.2(g) & 7587.8(d)).

6
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C. Criminal Liability

A security guard who is armed with a baton must remember that they are subject to all laws – California and
federal – and particularly those laws included in the Penal Code, the Civil Code and the Business and Professions
Code. A security guard, that uses a baton in violation of the law, may charged as a defendant in a criminal
complaint or indictment filed in court.

However, criminal responsibility may be avoided if a baton permit holder uses only that amount of force
reasonable under the circumstances to repel an attack or to prevent harm to another or to property under the
lawful control of the permit holder. The permit holder will be considered responsible for any marked excess. In
any case in which a baton is used or threatened in self-defense, the use of the baton must be reasonable under the
circumstances and may be resorted to only if no other alternative means of avoiding the danger is available.

In such circumstances, the permit holder must actually be in fear – fear for the permit holder’s or another’s life or
injury, or fear of damage to property. And, the conduct of the person that causes such fear must be such conduct
as would produce a reasonable person to be in fear for their or another’s life or injury, or fear of damage to
property.

At the same time, the right of self-defense exists only as long as the real or apparent threatened danger continues
to exist. When such danger ceases to appear or exist, the right to use force in self-defense ends.

D. Civil Liability

Civil liability can arise completely separate from criminal responsibility. Criminal charges are pursued by public
prosecutors. As a separate matter, a permit holder that uses of excessive force that causes injury to another person
- or damage property – will (in addition to criminal responsibility) be exposed to civil liability – that is, a lawsuit
in court. Such a lawsuit may be brought by a person, against a permit holder, even if criminal charges are never
threatened or filed. A civil lawsuit, or ‘action,’ can result in a court order to pay money to a victim in
compensation for injuries, losses, suffering, or any damages incurred due to a wrongful act. In extreme cases, a
wrongdoer may be ordered to pay additional money damages to a victim in order to punish and to make an
example of a wrongdoer.

E. Vicarious Liability (Civil)

PERMIT HOLDERS ARE RESPONSIBLE FOR THEIR ACTIONS; however, a permit holder’s employer may also
be considered responsible for a permit holder’s actions. The term, “vicarious liability” is often used to describe
the employer’s responsibility to pay money to victims for injuries and losses caused by wrongful acts committed
by an employee. For example, if a permit holder employee uses a baton in violation of law, the employee and the
employee’s employer may be sued for recovery of money damages. Although proper training and the exercise of
caution in the field may not prevent lawsuits, such practices provide some defensive evidence in such a suit.
Therefore, it is important to take training seriously and to follow an employer’s lawful policies, procedures and
post orders.

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 CHAPTER II
USE OF FORCE
A. The Continuum of Force

The word “force” can express a variety of activities. For example, the simple presence of a uniformed security
guard is considered an extreme form of passive force, in that it can force a potential wrongdoer to avoid a guarded
area. On the other extreme is deadly force. Between the two extremes lies an infinite variety and combination of
forces. Many security agencies and law enforcement agencies refer to this variety of forces as a ‘continuum of
force.’ Dictionaries define “continuum” as “a continuous whole, quantity, or series; a thing whose parts cannot
be separated or separately discerned.”

Some general categories of force that may typically be included in an agency's continuum of force include:
physical presence, verbal commands, physical (directional) contact, physical touch, serious physical control, and
deadly force.

Each situation is unique. Good judgment and the circumstances of each situation (including the availability of a
type or variety of force) will dictate the level on the continuum of force at which a person will start. Depending
on the circumstances, a person often finds it necessary to escalate or de-escalate the use of force by progressing up
or down the force continuum.

B. Reasonable/Rational Force

Reasonable or rational force is that amount of force necessary to defend oneself and to control a potentially
violent situation. It is excessive only if it is not necessary. Fear by itself is not justification for force or for using
the baton in an aggressive, threatening manner. Should force be needed to make a citizen’s arrest, use only that
amount of force that is reasonable to stop the actions of the adversary.

C. Force Against Insulting Words

Words of abuse or insult, no matter how objectionable, are not justification for assault with a deadly weapon
[California Jury Instruction Code No. 9.07].

PEOPLE VS. LARRY PAUL CHAVEZ

73 Cal Rptr 865 (1968)

Defendant Chavez, and the victim, Cooper, were at a party at a third party’s private residence. Cooper began
insulting Chavez and Chavez’s girlfriend.

Chavez attacked Cooper. Because of the attack, Cooper required medical attention and had 13 stitches on the side
of his head. Chavez was charged with assault and pleaded not guilty based on self-defense.

Chavez was found guilty of assault by means of force likely to produce great bodily injury.

The case was appealed. The appellate court upheld the conviction, ruling that insults did not justify the assault.

D. Force Against Trespassing

Trespassing against lands or goods does not justify assault with a deadly weapon [California Jury Instruction
Code No. 9.07]

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E. Force Against Assault with Hands and Fists

Use of a deadly weapon against an attack of hands or fists is not justifiable unless one believes (reasonably) that
the assault will result in great bodily injury. It is possible that an assault with a deadly weapon could mean assault
with fists [People vs. Chavez (1968) 73 CAL Rptr 865] [California Jury Instruction Code No. 5.30]. The security
guard must use the good judgment of a reasonable person.

F. Deadly Force

Deadly force may be used only against an immediate, life-threatening attack. Before using deadly force, a
suspect’s actions must cause a person to be in fear of the person’s, or another’s, life or serious bodily injury. The
person may have to justify their failure to use an alternative means of defense, and the person may even have to
justify failing to retreat if that course of action was available.

When it comes to using the baton, only the amount of force that is reasonable under the circumstances may be
used. In a serious altercation, one may use enough force to repel an attacker. Once compliance by the attacker, or
if the attacker’s force stops, self-defensive, damaging force must stop. At such a time, force is de-escalated to
verbal commands and control options. As a rule of thumb, no force options are 100% effective 100% of the time.

G. Force in Defense of Another and Property

If a person reasonably believes that an attack or assault upon another would result in great bodily injury, the
person may use force reasonably necessary to repel the attack or assault.

Similarly, only reasonable force may be used in defense of property. Since property is not a person (and cannot
suffer death or serious bodily injury), a person is not authorized to use types of serious or deadly force in the
defense of property that might otherwise be appropriate in the defense of persons.

H. Avoidance of Deadly Force – De -Escalation of Force

The escalation of force is the increase in the amount of force used in an escalating conflict situation. Ideally, the
situation would allow for a security guard to do a step-by-step increase in the use of force. However, a security
guard may be required to jump from one level to a higher level of force based on the amount of resistance to
which he/she is confronted.

1. Avoid, Observe and Report

A security guard following the principles of Avoid, Observe and Report would avoid the conflict and observe
the suspect(s) in order to factually report the situation to superiors and/or law enforcement as soon as
possible. The guard would not confront and may literally retreat from the suspect or the conflict situation.
The security guard would continue to maintain a visual presence by allowing the suspect and other persons to
see the security guard.

2. Visual presence:

This level is often called a visual deterrence. This means a security guard simply allows him/herself to be
clearly seen. The fact that a security guard can be clearly seen by anyone may in itself inhibit a potential
conflict situation. For example, if a person is considering committing a crime or engaging in hostile behavior
then sees a guard standing or patrolling nearby, that person may NOT commit the crime or engage in hostile
behavior. Thus, a potential conflict situation, and the risk of escalation in the use of force by the security
guard, may have been avoided because the security guard maintained a visual presence. A security guard can

9
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 easily maintain a visual presence in a relaxed, alert and non-threatening manner. This in turn may reduce the
possibility of force.

Physical Stance:

Maintain a professional stance and appearance. For example, stand straight and relaxed with your hands
raised and open, not in closed fist. UNLESS JUSTIFIED, DO NOT stand in a threatening ready position,
such as with a hand on a baton. The more calm and professional a guard’s total physical stance and gestures
project, the more likely the guard will be able to de-escalate a situation.

3. Verbal Communication:

Engaging in a simple non-threatening, non-hostile verbal communication is often not thought of as a possible
show of force. But it can be. There are many other factors involved in effective verbal communication than
just talking, especially in tense conflict situations. When engaging the subject in verbal communication be
aware of how the following factors can inhibit or promote conflict.

Tone of Voice:

Speak in a calm and respectful tone. Do not speak in a loud, cursing manner. The more politely one speaks,
the more likely another will respond with politeness to the speaker. It is important to be polite and calm in
conflict situations, particularly if one is giving a firm directive. This may be hard to do, but one can often
keep a situation from escalating and control the situation more effectively. A guard may be far less
threatening by saying: “Please, Sir,” or, “excuse me, Miss.” When these words are said in a respectful
manner, it can contribute to a person’s cooperation and can prevent a situation from escalating.

4. Physical Control Levels:

Physical control levels in escalating order are frequently stated as: slight physical directional touching,
harsher physical contact, use of pepper spray, use of a baton, use of a firearm (provided the guard has
received training in all options). Remember that all of these levels many be used only for justifiable defensive
purposes. A security guard who engages in physical control with a subject must be able to establish that it
was reasonable and justified.

5. Physical Contact:

There are many factors for a security guard to consider prior to initiating physical contact in any conflict
situation, among them being, (1) does the situation justify the use of physical force, and (2) is there a real and
immediate threat to the physical safety of the security guard or another person? If the answer to these
questions are “No”, physical contact may be unjustified and illegal. An appropriate response may be for the
security guard to withdraw and contact a supervisor or police authorities. If physical force is unjustified or
not required by an immediate threat (such as being seriously physically attacked) a guard, permit holder, or
another’s proper and appropriate action may be to withdraw from the conflict situation, avoid physical contact
with the suspect, and notify police authorities to respond to the situation.

6. Using a Baton:

Used only for DEFENSIVE purposes. A permit holder must be able to justify any use of a baton. Again, refer
to the factors to consider when using force under the section Escalation-De Escalation of Force. Would the
use of the baton make the situation worse? If the subject was drunk, uncooperative and refuses to leave,
would the baton be justified? Permit holders must consider options to retreat, keep visual contact with a
subject, and notify law enforcement.

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Security guards are advised not to handle potentially violent situations alone. Always try to get the assistance of
another guard and notify your supervisor prior to engagement when possible. Keep in mind that whenever you
are preventing a conflict or attempting to stop an attack, there is always at least one weapon available – YOURS!
Always do your best to keep your distance from an adversary where possible. Get out of the line of attack and
continue verbal discussion to help de-escalate the situation. Maintaining a reactionary distance of about 6’-8’
from your adversary gives you a better chance to respond should you need to move in toward a suspect, side-step
to get out of an attacker’s line of attack, or simply move back to gain more distance from a suspect or an attacker.

Justification for the decision to draw a baton and use it in self-defense or in defense of another rests upon the
person who uses the baton. Immediate circumstances will require a permit holder to use good judgment
supported by knowledge of the laws concerning the use of force. Once a permit holder has decided to use the
baton, they are obligated to use it properly.

REMEMBER TO USE ONLY THAT AMOUNT OF FORCE REASONABLE TO DEFEND YOUR LIFE
OR THE LIFE OF ANOTHER OR TO CONTROL AN IMMEDIATE, DANGEROUS SITUATION. USE
OF EXCESSIVE FORCE MAY BE THE BASIS FOR CIVIL OR CRIMINAL LIABILITY, OR BUREAU
DISCIPLINE.

TO MAINTAIN CONTROL OF YOUR BATON, YOU MUST FIRST CONTROL YOURSELF.

The baton is to be used to protect yourself against attack and not to injure someone permanently. It must be used
selectively with skill and restraint to counter aggression. It must never be used offensively to threaten, intimidate,
or otherwise harass an individual who does not pose a physical threat of bodily injury.

You may not antagonize, anyone with your baton, by poking or probing. These are offensive moves and may
cause a subject to grab the baton and attack you with it. When the baton is used, the aggressor is likely to suffer
some injury. However, if it is used correctly, injury will be minimal.

I. Escalation and De -Escalation of Force

You should remain open to discussion and conversation as a method to end aggression. It makes good sense to
step away, out of the line of attack, and try to de-escalate a situation. Control an aggressive situation by reasoning
with the individual. A guard who remains calm may be able to control an otherwise violent situation.

Consider these factors before using force:

• WHETHER OR NOT YOU BELIEVE THE SUBJECT IS GOING TO HARM YOU

There is no need to remove your baton from its ring if the subject is non-combative.

• SIZE OF THE SUBJECT

Is the subject likely to overcome you, take your baton away and use it against you?

• WHETHER OR NOT THE SUBJECT DISPLAYS KNOWLEDGE OF MARTIAL ARTS

Unless equally matched, you may be overpowered.

• WHETHER OR NOT THE SUBJECT MAY BE UNDER THE INFLUENCE OF DRUGS

Persons under the influence of drugs and/or alcohol display abnormal strength and resistance to
pain. You may not be able to subdue such a person, and you could be injured.

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• WHETHER OR NOT YOU CAN DE-ESCALATE THE SITUATION BY TALKING

Talk first.

• WHETHER OR NOT THE SUBJECT IS ARMED

A knife, club, gun, or other dangerous instrument may cause you serious injury or death.

• THE SUBJECT’S AGE, APPARENT HEALTH AND APPARENT INTELLIGENCE

What nature of threat might the subject pose? How strong or feeble is the subject?

• WHETHER OR NOT THERE IS MORE THAN ONE SUBJECT

Remember, there is strength is numbers.

• WHETHER OR NOT THERE IS AN AVENUE OF ESCAPE

Consider getting away if you can.

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 CHAPTER III
BATON FAMILIARIZATION AND USES
A. Straight Expandable / Straight Baton

Introduction

Do not refer to the baton as a "club" or a "nightstick." The correct term is a "straight baton" or “expandable
straight baton.”

The only difference between the straight and side handle batons are the techniques. Your use of force,
liability, responsibilities, target areas, vital areas and first aid; are the same.

Description and Definition of a Straight Expandable/Straight Baton

According to Attorney General Opinion No. 81-615, the baton is a deadly weapon. Following are
specifications for the straight baton. (Straight batons meeting these specifications are approved for use by
uniformed, on-duty security guards.)

Material: Wood, synthetic (plastic) substance of equivalent physical properties to the wooden baton
(strength, density, and toughness) or aluminum.

Length: Solid or expanded, between 16 inches and 36 inches, constant, or two to three section expandable.

Weight: Weight in proportion to size as specified by manufacturer.

Diameter: 1 inch to 1-1/4 inches.

Color: Wood may be brown or black, plastic must be black, metal is black or chrome.

Surface: Ends must be rounded blunt; no cutting, ridged, or sharp edges.

Loading: No "loading" with any substance.

Grommet: Black rubber; it may be slipped over the baton and placed approximately six to
eight inches from the end.

Strap: Baton may not be fitted with a thong or strap.

The plastic baton is inclined to warp if exposed to direct sunlight or heat for a considerable length of
time. It may break or snap if powerful contact is made with a hard object such as wood or a metal
pipe.

You will be at a disadvantage in any confrontation if you become overconfident and/or you do not
practice. You must have at your command a series of well practiced moves, any combination of
which you must be able to use instantly and proficiently. One technique may not be sufficient to
ward off an attacker. However, if you move smoothly from one technique to another, you will be
demonstrating your ability to defend yourself and possibly de-escalate a threatening situation.

Remember: Use your baton for DEFENSIVE purposes only. You must be able to justify using the
baton in a use-of-force situation. Annual enrollment in a baton training class will help you retain
your proficiency and will reassure your employer that you know when and how to use your baton.
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B. Side Handle / Side Handle Expandable

Introduction

Do not refer to the baton as a "club" or a "nightstick." The correct term is a "side handle" or “side handle
expandable baton.”

The primary difference between the straight and side handle batons are the techniques. Your use of force,
liability, responsibilities, target areas, vital areas and first aid are the same.

Description and Definition of a Straight Expandable/Straight Baton

According to Attorney General Opinion No. 81-615, the baton is a deadly weapon. Following are
specifications for the straight baton. (Straight batons meeting these specifications are approved for use by
uniformed, on-duty security guards.)

Material: Wood, synthetic (plastic) substance of equivalent physical properties to the

wooden baton (strength, density, and toughness) aluminum, polycarbonate.

Length: Between 14 inches and 24 inches, constant, or two section expandable.

Weight: Weight in proportion to size as specified by manufacturer.

Diameter: Short end: 1 inch to 1-1/4 inches; long end: ¾ inch to 1/14 inches

Color: Wood may be brown or black, plastic/polycarbonate must be black, metal is black
or chrome.

Surface: Ends must be rounded blunt; no cutting, ridged, or sharp edges.

Loading: No "loading" with any substance. Baton cannot be altered and filled with any substance that
causes additional weight other than manufacturer specifications for that baton.

Grommet: Black rubber; it may be slipped over the side handle of the baton.

Strap: Baton may not be fitted with a thong or strap.

The plastic baton is inclined to warp if exposed to direct sunlight or heat for a considerable length of
time. It may break or snap if powerful contact is made with a hard object such as wood or a metal
pipe. Polycarbonate type batons usually do not warp or break.

You will be at a disadvantage in any confrontation if you become overconfident and/or you do not
practice. You must have at your command a series of well practiced moves, any combination of
which you must be able to use instantly and proficiently. One technique may not be sufficient to
ward off an attacker. However, if you move smoothly from one technique to another, you will be
demonstrating your ability to defend yourself and possibly de-escalate a threatening situation.

Remember: Use your baton for DEFENSIVE purposes only. You must be able to justify using the
baton in a use-of-force situation. Annual enrollment in a baton training class will help you retain
your proficiency and will reassure your employer that you know when and how to use your baton.

14
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 CHAPTER IV
FIRST AID FOR BATON INJURIES
Instruction on first aid in this chapter will not certify you in first aid, nor will you be required to administer first
aid. It is included in your training to provide you with information to assist you if you choose to involve yourself
in an emergency situation. However, the Bureau strongly recommends a certified class in first aid.

In case of serious injury, call for help (professional medical assistance) immediately. If you are not personally
able to do so, ask a witness or bystander to make the call.

Definition of First Aid

First aid is the immediate and temporary care given to an injured victim until professional medical
assistance arrives or until the victim is safely transported to a medical facility.

Fractures

There are two basic types of fractures: simple (closed) or compound (open). Evidence of a fracture may
include swelling, tenderness, deformity, severe pain on movement, and broken skin in the case of a
compound fracture. If ice is available, it should be applied to the swollen area. If the skin has been
broken, a sterile dressing may be gently applied. Keep the fracture immobile by applying splints and/or
support if you know how. If the fracture is in an upper extremity, an arm sling as well as a splint may
immobilize the fracture.

Shock

Shock is a depressed state of vital body functions accompanied by reduced body temperature and reduced
blood flow. It may be caused by loss of large quantities of blood, either externally or internally. Signs of
shock may include one or a combination of the following: dull eyes; pale or blue face; shallow and
labored breathing; rapid or weak pulse; cold, moist skin; nausea; collapse; vomiting; anxiety; and thirst.

Have the person lie down or remain lying down if he or she has collapsed. This allows more blood to
flow to the head and chest and the prone position places less stress on the body. If there is difficulty in
breathing, the head and chest should be slightly elevated.

Place a blanket over the person only to maintain body temperature if the air is cool. The general rule is:
do not add heat, but prevent large loss of body heat.

Bleeding

Heavy bleeding should be stopped immediately, usually by applying direct pressure with a clean cloth
over the wound. Protective medical gloves should be used. Apply a snug and sterile gauze. Do not
remove it, but add more cloth and tighten bandage slightly if needed.

15
AG000204
 CHAPTER V
FUNDAMENTALS OF BATON HANDLING

A. Stances and Grips

Stances include body position and distance from subject before, during and after using a baton. Positioning
and distance also include patterns of movement around a subject.

Grips include the proper way to hold the baton before, during and after it’s use.

B. Target Areas

Here is a general rule to remember about baton strikes: aim for the extremities or the lower abdomen,
depending on the technique you are using. You can expect to cause injury and may break bones, so care and
control must be exercised to avoid serious injury. Small bones in the hand are particularly vulnerable to
breaking. A strike to the hand is effective when the suspect has a weapon (other than a firearm) and intends
to use it against you.

Blows to the heavily muscled areas in the arms and legs are effective and may result in pain, numbness, and
cramping, but do not usually cause serious damage.

TARGET (strike) AREAS

Main target areas are the extremities and the lower abdomen.

A. Hands
B. Arms (inner and outer biceps, elbows, wrists)
C. Lower abdomen (below the navel)
D. Legs (thighs, shins, calves)
E. Feet

VITAL AREAS OF THE BODY (To be avoided)

There are vital areas of the body that, when struck, may result in serious or fatal injury. The following
areas are to be avoided.

A. Head

Blows to the head may cause blindness, deafness, unconsciousness, brain damage, or death.
Head wounds may bleed profusely. Blows to the head are easily deflected and may result in loss
of the baton to the attacker. If a blow lands in a certain spot, it may numb the attacker’s senses
and make him more difficult to control. Also, this is the easiest area of the body for the aggressor
to defend by ducking or dodging.

B. Neck/Throat

Blows to the back of the neck could fracture vertebrae and damage the spinal cord, causing
paralysis or death. The side of the neck is where the jugular vein and carotid artery are located
and if ruptured, could cause death. The trachea and larynx are located in the throat; if fractured or
crushed they could rupture or collapse, causing serious injury or death.
16
AG000205
 C. Spine

The spine contains the central nervous system; blows may cause paralysis or death.

D. Tailbone

Blows to the tailbone may cause paralysis or death.

E. Chest

This area contains many vital organs including the heart, sternum, “xyphoid process” (which is an
extension of the sternum), ribs, and solar plexus. Sharp blows to the chest could cause great
bodily injury or death. Broken ribs could puncture vital organs.

F. Kidney/Liver

The kidney and liver contain poisons that, if released from rupture, could cause death.

G. Clavicle/Collar Bone

Severe blows to these areas could cause paralysis or death.

C. Defensive Techniques

Drawing Techniques

When you are faced with a dangerous situation that requires drawing and possibly using your baton, the
drawing method you choose may have an effect on the suspect and may determine whether the situation
will escalate or de-escalate. You should attempt to let the suspect know that, although you have removed
your baton to protect yourself, there is still room for talking. Drawing the baton in a rude and threatening
manner is never allowed and you could face criminal charges (417 P.C.) Practice drawing over and over
again until you no longer need to look at the baton in order to draw or secure the baton back in its holder.

There are two important things to remember when confronted with an adversary:

• Eye Contact

You should become so familiar with the position of your baton that you do not need to
look at it to remove it from or replace it in the ring. Your eyes should never leave your
adversary.

• Show of Competence

If you become proficient in drawing the baton, you will show confidence that will be
evident to your adversary. This may place him at a psychological disadvantage and may
de-escalate the situation immediately. This is not intimidation; it is taking the advantage.

17
AG000206
 All techniques should be taught with emphasis on the following concepts:

• Proper balance and self control

• Proper carrying, gripping and holding
• Control of the baton from drawing to returning it to its holder
• Position of the baton to effectively block and defend
• Placement of the baton to non-vital areas of the body when striking

Blocking Techniques

The purpose of blocking is to stop an object from hitting you. The four areas of the body to protect are:

1. Head
2. Left side of the body
3. Right side of the body
4. Chest and below the waist

* The baton should be angled and in a position to stop the object from hitting you and positioned where it
can deflect the force of the blow where possible.

REMEMBER THE VITAL AREAS OF THE BODY. While you are practicing, do not forget that you are
aiming for the lower abdomen and extremities.

REMEMBER TO USE ONLY THAT AMOUNT OF FORCE REASONABLE FOR DEFENSE.

D. Control Techniques

Techniques used to escort and/or control a potentially aggressive subject. These techniques can be done
with empty hands or with a baton.

E. Arrest and Control Techniques

Physical control techniques used to control and/or handcuff a subject. These techniques can be done with
empty hands or with a baton.

18
AG000207
 REFERENCE INDEX
CALIFORNIA PENAL CODE SECTIONS

The following sections have been condensed for clarity. For exact terminology, please refer to the California
Penal Code.

SECTION

240 Assault.

An assault is an unlawful attempt and ability to commit a violent injury upon another person.
An assault is punishable by a fine not to exceed $1,000 or by imprisonment in the county jail
not to exceed six months, or by both a fine and imprisonment.

242 Battery.

A battery is any willful and unlawful use of force or violence upon another person. The
commission of a battery is punishable by a fine not to exceed $2,000 or by imprisonment not
to exceed six months, or by both a fine and imprisonment.

245(a)(1) Assault with a deadly weapon other than a firearm.

Any person who commits an assault against another person with a deadly weapon or
instrument other than a firearm or by any means of force likely to produce great bodily injury,
is punishable by imprisonment in the state prison for two, three, or four years, or in a county
jail not to exceed one year, or by a fine not to exceed $10,000, or by both a fine and
imprisonment.

245(a)(2) Assault with a firearm.

Any person who commits an assault with a firearm upon another person is punishable by
imprisonment in the state prison for two, three, or four years, or in a county jail for not less
than six months, and not to exceed one year, or by both a fine not to exceed $10,000 and
imprisonment.

245(c) Assault with a deadly weapon other than a firearm on a peace officer.

Any person who commits an assault with a deadly weapon or instrument other than a firearm,
or by any means likely to produce great bodily injury upon a peace officer or fireman, and
who knows or reasonable should know that the victim is a peace officer or fireman engaged
in the performance of his or her duties, shall be punished by imprisonment in the state prison
for three, four, or five years.

19
AG000208
417(a)(1) Drawing, exhibiting, or using a deadly weapon other than a firearm.

Any person who, except in self defense, in the presence of another person, draws or exhibits
any deadly weapon other than a firearm, in a rude, angry, or threatening manner, or who in
any manner unlawfully uses the same in any fight or quarrel, is guilty of a misdemeanor
punishable in the county jail for a term of not less than 30 days.

417(a)(2) Drawing or exhibiting a firearm.

Any person who, except in self defense, in the presence of another person, draws or exhibits
any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in
any manner unlawfully uses the same in any fight or quarrel, is guilty of a misdemeanor
punishable by imprisonment in the county jail for a term of not less than three months.

12002(b) Authority to carry a baton.

Nothing in this chapter prohibits a uniformed security guard, regularly employed and
compensated as such by a person engaged in any lawful business, while actually employed
and engaged in protecting and preserving property or life within the scope of his or her
employment, from carrying a baton if the uniformed security guard has satisfactorily
competed a course of instruction certified by the Department of Consumer Affairs in the
carrying and use of a baton. The training institution certified by the Department of Consumer
Affairs to present this course, whether public or private, is authorized to charge a fee covering
the cost of the training.

12002(d) Issuance of a permit.

Any uniformed security guard who successfully completes a course of instruction is entitled
to receive a permit to carry and use a baton within the scope of his or her employment, issued
by the Department of Consumer Affairs. The Department may authorize certified training
institutions to issue permits to carry and use a baton. A fee in the amount provided by law
shall be charged by the Department of Consumer Affairs to offset the costs incurred by the
Department in course certification, quality control activities associated with the course, and
issuance of the permit.

12002(e) Training prior to January 1, 1983.

Any person who has received a permit or certificate that indicates satisfactory completion of
a baton training course approved by P.O.S.T. prior to January 1, 1983, shall not be required to
obtain a baton permit or complete a course certified by the Department of Consumer Affairs.

20
AG000209
 Bobbies and Billy Clubs: Time to Consider Guns
The New York Times
February 21, 1994, Monday, Late Edition - Final

Copyright 1994 The New York Times Company

Distribution: Foreign Desk

Section: Section A;; Section A; Page 7; Column 1; Foreign Desk; Column 1;
Length: 1013 words
Byline: By WILLIAM E. SCHMIDT,

By WILLIAM E. SCHMIDT, Special to The New York Times

Dateline: LONDON, Feb. 15

Body

The stabbing death of a London patrolman on a routine robbery call this month has provoked debate over one of
Britain's most familiar traditions: has the time come for police officers to scrap the venerable image of the unarmed
bobby on the beat and to carry better weapons, even guns, to defend themselves?

Although a British officer is much less likely to be killed on duty than an American officer, the risk of assault is
growing because of the stronger links between crime, drugs and weapons, police officials say. In England and
Wales, 10 officers have been killed in criminal attacks in the past five years, compared with 328 in the United
States.

According to Home Office statistics, about one in every seven police officers in Britain is likely to be assaulted this
year; the rate is comparable in the United States, where the Federal Bureau of Investigation says about 18 percent
of officers are assaulted each year.

Risks Increase

"We have got to do more to train and equip police to defend themselves," said Stephen Kissane, an inspector on
the Hertsfordshire force and an expert on police self-defense with the Association of Chief Police Officers. "Our
officers now go into situations with little or no protection, while the people they are facing -- the drunk, the druggie,
the yobbo -- are often armed. They may not be carrying a gun, like they do in your country, but increasingly they will
probably have a knife."

As a result, police associations and union groups have stepped up calls for better police protection, urging that
items like body armor and longer truncheons be made standard equipment. And a small but growing minority of
police are also demanding sidearms for British officers.

The killing of Sgt. Derek Robertson, a 39-year-old father of two, underscored the worst fears of officers in London.
According to the police, he was attacked without warning and in broad daylight by three men, moments after he
responded to a robbery reported at a South London post office. The attack was so sudden that it suggested the kind
of violence that many Britons associate more with America.

AG000210
 Page 2 of 3
Bobbies and Billy Clubs: Time to Consider Guns

3 Deaths in a Year

The killing was the third police death in Britain within a year. In October, an officer was shot to death by a drug
gang in South London after answering a burglary call, and last March a patrolman in Newcastle-Upon-Tyne was
stabbed to death. Last summer an officer in Kent was nearly killed by a robber carrying a submachine gun.

"It will be a sad day when the police are all armed," said Mike O'Brien, a Labor Member of Parliament and
parliamentary adviser to the Police Federation of England and Wales. "But each death brings more cause for it."

Except for special response units and antiterrorist squads trained to use guns, 9 of every 10 British officers still
carry 15-inch wooden batons or billy clubs as their only weapon.

The Weight of Tradition

Despite the pressure from police groups, the Government remains strongly opposed to issuing guns to ordinary
patrol officers. It has also balked at demands from police associations that officers be allowed to carry 24-inch-long,
American-style side-handle truncheons. Last year, the Government permitted four-month trials of those batons and
others in 18 districts, but no decision on their use nationally will be made until later this year.

Peter Waddington, director of criminal justice at Reading University, said that the decision against arming officers
was made when London's first police department was founded in 1829 and that the force of tradition maintained the
practice.

"It was based originally on the idea of policing by consent," Mr. Waddington said. "The notion then and now is that a
citizen ought to accept the authority of a police officer out of respect, rather than fear or awe."

As a result, he said, the minders of that tradition have been loath to adopt any change that might signal "a more
aggressive or adversarial relationship between the police and public."

But some officers argue that such notions are outdated, given the social and cultural changes that have remade
Britain, including the deterioration of some poor urban neighborhoods where violence is now endemic.

To protect their officers, some police departments have begun to supply body armor. In Northumbria, the
department approved last month the purchase of 600 mesh vests, which weigh 10 pounds each and cost about
$360, after the stabbing death of an officer last year.

It is a measure, perhaps, of the growing violence that even ambulance crews in Manchester are considering body
armor, after nearly 80 incidents since last spring in which medics were the targets of violence.

While tough laws make it difficult for criminals to obtain handguns, guns play a growing role in crime in Britain.
According to the Home Office, guns were involved in 13,305 offenses in 1992, the last year for which statistics are
available. While that is less than 1 percent of all reported crimes in England and Wales, it represents a 10 percent
increase over 1991.

Dangerous Knives

The threat became even more apparent early this month when the police near Liverpool discovered a cache of
automatic weapons and other arms, including machine guns, Armalite rifles and AK-47s. At first the police
suspected the Irish Republican Army, but it turned out the weapons were being traded among ordinary criminals
and drug dealers.

Still the police say knives, not guns, remain their greatest worry. Of seven officers killed in the past three years, four
were killed by knives. In Scotland, knives were used in more than half of all killings last year.

AG000211
 Page 3 of 3
Bobbies and Billy Clubs: Time to Consider Guns

Carrying any concealed knife is a criminal offense in Britain, but the police have pushed for stronger laws against
the more dangerous types, and police stations around the country provide bins where people discard knives, no
questions asked.

"Because of our gun-control laws, criminals turn to knives, since they are easy to get," said Inspector Ian Metcalfe
of the Bedfordshire Police Department. "In some ways, I'd rather face a gun. With a gun, there is always the chance
they will miss."

Graphic

Photo: As violence rises, British police officers find their 15-inch night sticks a poor defense. Some want guns,
others clubs. Constable Jackie Rayner fended off a knife-wielding "assailant," Inspector Peter Boatman. (David
Giles/Press Association)

Classification
Language: ENGLISH

Subject: CRIME, LAW ENFORCEMENT & CORRECTIONS (89%); LAW ENFORCEMENT (89%);
INVESTIGATIONS (87%); NEGATIVE PERSONAL NEWS (87%); DEATH & DYING (72%); CRIMINAL
INVESTIGATIONS (71%); HOMICIDE (71%); STABBINGS (71%); POLICE FORCES (70%); PUBLIC OFFICIALS
(70%); FIREARMS (69%); ROBBERY (65%); SPECIAL INVESTIGATIVE FORCES (65%); ASSOCIATIONS &
ORGANIZATIONS (63%)

Company: FEDERAL BUREAU OF INVESTIGATION (56%); FEDERAL BUREAU OF INVESTIGATION (56%)

Organization: FEDERAL BUREAU OF INVESTIGATION (56%); FEDERAL BUREAU OF INVESTIGATION

(56%); FEDERAL BUREAU OF INVESTIGATION (56%); FEDERAL BUREAU OF INVESTIGATION (56%)

Geographic: LONDON, ENGLAND (55%); UNITED KINGDOM (94%); UNITED STATES (93%); WALES (79%);
ENGLAND (79%)

Load-Date: February 21, 1994

End of Document

AG000212
 Flying? Please leave billy club and fireworks at home
Chattanooga Times Free Press (Tennessee)
November 26, 2006 Sunday

Copyright 2006 Chattanooga Publishing Company

Section: PERSPECTIVE; Pg. F2

Length: 871 words
Byline: Gordon Dillow, McClatchy Newspapers

Body

My mom in Arizona has been ill recently, so I've been doing a lot of flying -- Los Angeles Airport to Tucson, John
Wayne Airport to Phoenix, and 'round and 'round. And I've been consistently amazed at the knuckleheadedness on
display at airport security checkpoints.

I'm not talking about the performance of the Transportation Security Administration security screeners. Although
some TSA rules may seem a little silly, it appears to me that with some exceptions the screeners try to get
passengers through the process as quickly and efficiently as possible.

No, what gets me is the knuckleheadedness displayed by so many of the passengers who want to get on an
airplane.

Most of it is small stuff. The guy who wants to bring a 12-ounce can of Coke through security, this after passing a
half-dozen signs telling him not to. The woman who walks up to the metal detector wearing enough rings, bracelets
and necklaces to make a coat of chain-mail, again after being repeatedly told to place metal items inside her carry-
on bags. The guy who puts the Bic lighter in his briefcase, hoping the X-ray screeners won't spot it.

And so on, and so on. Every time it happens, it slows down the process for everybody else.

That's bad enough. But then there's the gross airport security knuckleheadedness of the sort allegedly displayed by
rap music artist Snoop Dogg -- and hundreds of others like him.

As you may know, Mr. Dogg, whose musical stylings include such classics as "Snoop's Upside Ya Head" and "Still
a G Thang," has been charged with felony possession of a deadly weapon for allegedly having a 20-inch collapsible
metal billy club in his carry-on baggage at John Wayne Airport in September -- this despite the prominent TSA
airport signs warning travelers that "club-like items, such as billy clubs, baseball bats and golf clubs" can't be taken
through security. Perhaps expectedly, Snoop Dogg's lawyer has denounced the charge as a humbug and a roust,
arguing that the alleged billy club was actually an innocent sort of wand to be used in a music video.

But Orange County Deputy District Attorney Andre Manssourian says the collapsible baton is clearly a dangerous
weapon prohibited under California's penal code -- which in addition to billy clubs also bans unauthorized
possession of cane guns, ballistic knives, nunchakus, belt buckle knives, brass knuckles, zip guns, sword canes,
throwing stars, blackjacks, saps and various other potential instruments of mayhem. Possessing those items
anywhere in the state, not just at airport security checkpoints, can be a misdemeanor or a felony.

Manssourian also says Snoop Dogg's celebrity has nothing to do with the case, that anyone caught with an illegal
weapon at the airport would likely also face criminal charges -- and he's right. In the past month, for example,
deputies at John Wayne Airport have arrested or cited four people for carrying dangerous weapons, including a set
of brass knuckles and another collapsible baton.

AG000213
 Page 2 of 3
Flying? Please leave billy club and fireworks at home

And those are just the most egregious cases. So far this year, TSA security personnel at John Wayne have
collected or confiscated some 73,000 prohibited items -- not including water bottles, shampoo, etc. -- that aren't
necessarily illegal but can't be taken on a plane. Those included about 30 "club-like items" such as baseball bats,
200 large knives and thousands of small knives, about 1,000 tools such as large screwdrivers or hammers, and
60,000 cigarette lighters. Oh, and they also found 16 people trying to carry fireworks onto planes.

Fireworks! On an airplane! In this day and age!

The mind reels.

"Usually it's a case of 'I forgot,"' says TSA spokesman Nico Melendez. "But passengers have to understand that it's
their responsibility to know what's allowed and what's in their bags."

And even if it's not criminal, forgetting can be costly; civil fines can range up to $10,000. In the first half of this year,
almost 1,500 people nationwide were fined for trying to carry particularly dangerous items -- guns, billy clubs, large
knives, and so on -- through airport security.

True, when you figure that more than 700 million passengers pass through TSA airport security every year, the
percentage of serious security knuckleheads is actually pretty small. But as I said, it's the millions of small-time rule
violators -- the guy with the can of Coke -- that slow things up.

So if you're unsure what you can and can't take on an airplane, check out www.tsa.gov for a detailed list of
permitted and prohibited items. (Scissors with blades shorter than 4 inches in your carry-on? Yes. Liquids, gels?
Yes, if no more than 3 ounces per container and placed in a single, clear-plastic, 1-quart zip-top bag. Swords or
spear-guns in carry-on bags? Don't be ridiculous.)

Yes, I know, the rules can be confusing. And many may seem petty or nonsensical. But unless and until they're
changed, we'll have to live -- and fly -- with them.

So do the people behind you in the airport security line a favor.

Next time you fly, leave your Cokes -- and your billy clubs -- at home.

Gordon Dillow is a columnist for The Orange County Register. Readers may write to him at: The Orange County
Register, 625 N. Grand Ave., Santa Ana, CA 92701 or e-mail at GLDillow@aol.com.

Classification
Language: ENGLISH

Publication-Type: Newspaper

Subject: AVIATION SECURITY (91%); METAL DETECTORS (90%); ILLEGAL WEAPONS (89%); SPECIAL
INVESTIGATIVE FORCES (89%); MUSIC (86%); FELONIES (86%); CRIMINAL OFFENSES (85%); CRIMINAL
LAW (76%); SINGERS & MUSICIANS (76%); CELEBRITIES (71%); COUNTY GOVERNMENT (71%); HIP HOP
CULTURE (69%); RAP MUSIC (69%); MISDEMEANORS (69%); GOLF (62%); PUBLIC PROSECUTORS (60%)

Organization: US TRANSPORTATION SECURITY ADMINISTRATION (83%)

Industry: AIRPORTS (99%); AVIATION SECURITY (91%); METAL DETECTORS (90%); TRAVELER SAFETY &
SECURITY (90%); SINGERS & MUSICIANS (76%); CELEBRITIES (71%); MUSIC INDUSTRY (69%)

AG000214
 Page 3 of 3
Flying? Please leave billy club and fireworks at home

Geographic: PHOENIX, AZ, USA (79%); LOS ANGELES, CA, USA (79%); TUCSON, AZ, USA (79%); ARIZONA,
USA (79%); CALIFORNIA, USA (79%)

Load-Date: November 26, 2006

End of Document

AG000215
 Judge increases sentence for Bay Area 'nationalist' protester Kyle
'Stickman' Chapman in weapons case
The East Bay Times (California)
September 25, 2019 Wednesday

Copyright 2019 MediaNews Group, Inc. and ANG Newspapers All Rights Reserved

Length: 910 words

Byline: Angela Ruggiero
Highlight: Self-proclaimed "American nationalist" received a stricter sentence that he had expected in Berkeley
protest case.

Body

OAKLAND - The Bay Area self-proclaimed "American Nationalist" who became known for his right-wing protests
got a stricter sentence than he expected Wednesday for his involvement in a 2017 Berkeley rally.

Kyle "Based Stickman" Chapman, 43, of Daly City, agreed to plead no contest to one count of possession of a
leaded cane or billy club at a March 2017 "March 4 Trump" demonstration in Berkeley. Video footage captured the
right-wing protester hitting people over the head with a wooden cane.

He had agreed in the plea deal to a three-year felony probation term, but Alameda County Superior Court Judge
Mark McCannon increased the sentence to five years.

The plea deal had been negotiated in August between his defense attorney John Noonan and Alameda County
Assistant District Attorney Matt Golde. Chapman himself told the judge Wednesday morning he was under the
impression that the term was for three years.

"You were armed to the teeth," McCannon responded. "You could have protested peacefully."

The judge said Chapman chose to arm himself and wear a helmet, and turned his protesting violent.

As part of his probation, he is subjected to a "four-way search," meaning law enforcement can search his residence,
vehicle, property or person without cause. He also was ordered to stay 100 yards away from the Civic Center Plaza
in Berkeley and will have to pay $300 in restitution.

While Chapman was waiting for his case to be called in McCannon's courtroom, his phone rang, causing the judge
to kick him out of the courtroom until it was time for his case. McCannon scolded him: "You're on for sentencing;
you shouldn't be making any disturbances." Chapman apologized.

Following the court hearing, when asked for comment, Chapman's attorney Noonan said, "If he screws up, he goes
to jail."

The March 2017 pro-Trump Berkeley rally turned violent when right and left protesters and participants clashed; at
least 10 arrests were made. In reviewing video from the event, Berkeley police Officer Darrin Rafferty said in court
documents that he saw Chapman using pepper spray on protesters from the opposite side.

Following the Berkeley event, Chapman became known as a prominent figure in the right-versus-left protest
clashes nationwide. He took to his then-public Facebook page, making videos with commentary on political issues

AG000216
 Page 2 of 3
Judge increases sentence for Bay Area 'nationalist' protester Kyle 'Stickman' Chapman in weapons case

or his court cases in Alameda County or his federal case regarding trespassing on public land, and gathered many
supporters. At one point, his supporters nationwide raised thousands for him to help pay for his attorney fees.

Besides the March 2017 clash, he also was known to attend the right-wing-related rallies or events such as UC
Berkeley's hosting of conservative speakers Milo Yiannopoulos and Ben Shapiro in 2017.

Earlier this year, Chapman also took a plea deal in a federal case in which he was accused of illegally taking a
joyride on federal land in San Francisco. He agreed to plead guilty to two misdemeanors for off-roading in his truck
and playing loud Christmas music at Fort Funston in San Francisco in December 2017.

National Park Service officers pulled him over for operating a vehicle off-road and disorderly conduct for playing the
loud music. Officers also found him in possession of a kubotan - a small weapon attached to a keychain. In a
Facebook video he posted at the time, Chapman bragged about carrying the weapon. His attorney maintained it
was a "self-defense keychain."

According to the plea deal filed Jan. 18 in that case in the U.S. District Court, Northern District of California,
Chapman was sentenced to one year of probation and would either have to pay a $500 fine or serve 50 hours of
community service.

Besides the federal case and the Alameda County case, Chapman was also accused of getting in trouble in Austin,
Texas. In July 2018, Alameda County prosecutors charged Chapman with being a fugitive, and he turned himself to
be extradited to Texas for a July 2, 2017, attack.

Chapman was accused of hitting a man in the forehead with a wooden bar stool at the Dirty Dog Bar in Austin
around 1:30 a.m.

According to court documents, the victim in the Austin case was so badly injured by the barstool to the head that he
had two black eyes, hemorrhaging in his brain and required surgery to fix fractures to his face.

A witness to the bar attack recognized Chapman as the alleged perpetrator when he saw him on TV news,
broadcasting information on a "Texans for American Freedom March" at the Texas state capitol.

A Travis County judge issued an arrest warrant for Chapman in March 2018 on the charge of second-degree
aggravated assault with a deadly weapon. Chapman turned himself in locally in Alameda County and was booked
at Santa Rita Jail as a felony "fugitive from justice." He was extradited back to Austin, where he posted bail.

According to the Travis County District Attorney's Office, Chapman also took a plea deal on July 18 of this year,
pleading guilty to aggravated assault with a deadly weapon, a second-degree felony in Texas. He received three
years of "deferred adjudication," which means if he does anything out of line, a judge can sentence him up to 20
years behind bars.

He was also required to pay a $10,000 restitution fee up front, and must have anger management classes and stay
away from the Dirty Dog Bar in Austin.

Chapman has prior felony convictions, including grand theft in San Diego County from 2001 and a 1993 conviction
of felony robbery from Texas, according to court records.

Classification
Language: ENGLISH

Publication-Type: Newspaper

AG000217
 Page 3 of 3
Judge increases sentence for Bay Area 'nationalist' protester Kyle 'Stickman' Chapman in weapons case

Subject: PLEA AGREEMENTS (90%); CRIME, LAW ENFORCEMENT & CORRECTIONS (89%); NEGATIVE
PERSONAL NEWS (89%); JUDGES (89%); PROTESTS & DEMONSTRATIONS (89%); LAW COURTS &
TRIBUNALS (87%); TRENDS & EVENTS (75%); LAWYERS (74%); FELONIES (74%); PROBATION (74%);
PUBLIC PROSECUTORS (74%); SENTENCING (74%); COUNTY GOVERNMENT (71%); LAW ENFORCEMENT
(67%); ARRESTS (66%)

Company: FACEBOOK INC (51%)

Ticker: FB (NASDAQ) (51%)

Industry: LAWYERS (74%); VIDEO INDUSTRY (73%)

Geographic: SAN FRANCISCO BAY AREA, CA, USA (91%); OAKLAND, CA, USA (58%); CALIFORNIA, USA
(93%)

Load-Date: October 3, 2019

End of Document

AG000218
DEPARTMENT OF CONSUMER AFFAIRS
Bureau of Security and Investigative Services

SECURITY GUARD GUIDE

A SUMMARY OF LAWS GOVERNING THE PROFESSION

JANUARY 2006

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SECURITY GUARD GUIDE

CONTENTS
Introduction..................................................................................................................................3

A Security Guard’s Role and Responsibilities..........................................................................3

Power to Arrest and Training Requirements............................................................................3

Firearms..........................................................................................................................................6

Authority to Carry an Exposed Firearm....................................................................................7

Exemptions from the Private Security Services Act ................................................................8

Peace Officer Exemptions... .........................................................................................................9

Batons ..........................................................................................................................................12

Tear Gas........................................................................................................................................14

Uniforms, Patches, Badges and Vehicles.................................................................................15

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INTRODUCTION

A Summary of Laws Governing the Profession

Terrorism awareness and crime prevention have become major issues in our society. Security
guards play a crucial role in safety and security. A great burden is placed on public forces to
respond to crisis situations. As a result, the consumer is turning to the private security
industry to help protect neighborhoods and businesses.

The Department of Consumer Affairs (DCA), Bureau of Security and Investigative Services
(BSIS), has jurisdiction over the private security industry. The authority is derived from
Division 3, commencing with Section 7580 of the Business and Professions Code (B & P).

This brochure explains key sections of the Business and Professions Code (B & P), Penal Code
(PC) and California Code of Regulations (CCR), so security guards and law enforcement
officers can be fully informed of the provisions affecting private security guards.

Security guards outnumber sworn peace officers four to one in this state, so it behooves peace
officers and security guards alike to learn and understand the laws governing the security
industry.

NOTE: Every effort has been made to ensure the accuracy of this compilation. Should any confusion
or error occur, the law will take precedence. Please refer to the relevant legal codes for clarification.

A SECURITY GUARD’S ROLE AND RESPONSIBILITIES

• A security guard’s role is to PROTECT people and the property of his/her employer
or contracted clients.

• A security guard’s responsibility BEFORE an incident/offense has occurred is

PREVENTION.

• A security guard’s responsibility during or after an incident/offense is to OBSERVE

and REPORT.

SECURITY GUARD POWER TO ARREST

AND
TRAINING REQUIREMENTS

A security guard must complete 40 hours of required training and an 8-hour refresher course
every 12 months after completing the 40-hour course. As part of that training, a security
guard must complete an 8-hour Power to Arrest training course prior to being placed on
post. In addition, 16 hours of training is required within the first month and an additional 16
hours within the first six months.

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A brief course of study in these laws and procedures is required prior to application for a
“guard card.” The following code sections describe the requirements in detail.

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES

ARTICLE 4

Business and Professions Code Section 7583.6 (Excerpt)

(a) A person entering the employ of a licensee to perform the functions of a security guard or
a security patrolperson shall complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.

(b) Except for a registrant who has completed the course of training required by Section
7583.45, a person registered pursuant to this chapter shall complete not less than 32 hours of
training in security officer skills within six months from the date the registration card is
issued. Sixteen of the 32 hours shall be completed within 30 days from the date the
registration card is issued.

(c) A course provider shall issue a certificate to a security guard upon satisfactory completion
of a required course, conducted in accordance with the department's requirements. A private
patrol operator may provide training programs and courses in addition to the training
required in this section. A registrant who is unable to provide his or her employing licensee
the certificate of satisfactory completion required by this subdivision shall complete 16 hours
of the training required by subdivision (b) within 30 days of the date of his employment and
shall complete the 16 remaining hours within six months of his or her employment date.

(d) The department shall develop and approve by regulation a standard course and
curriculum for the skills training required by subdivision (b) to promote and protect the
safety of persons and the security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security officers, private patrol
operators, educators, and subject matter experts.

(e) The course of training required by subdivision (b) may be administered, tested, and
certified by any licensee, or by any organization or school approved by the department. The
department may approve any person or school to teach the course.

(f) (1) On and after January 1, 2005, a licensee shall annually provide each employee
registered pursuant to this chapter with eight hours of specifically dedicated review or
practice of security officer skills prescribed in either course required in Section 7583.6 or
7583.7.

Business and Professions Code Section 7583.7 (Excerpt)

(a) The course of training in the exercise of the power to arrest may be administered, tested,
and certified by any licensee or by any organization or school approved by the
department. The department may approve any person or school to teach the course in the

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exercise of the power to arrest. The course of training shall be approximately eight hours in
length and shall cover the following topics:

(1) Responsibilities and ethics in citizen arrest.

(2) Relationship between a security guard and a peace officer in making an arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical emergencies.
(9) Security officer safety.
(10) Any other topic deemed appropriate by the bureau.

(b) The majority of the course shall be taught by means of verbal instruction. This instruction
may include the use of a video presentation …

Business and Professions Code Section 7583.8 (Excerpt)

No employee of a licensee who performs the function of a security guard or security

patrolperson shall be issued a registration card until there is proper certification by the
instructor that the exercise of the power to arrest course has been taught and the employee's
certification that the instruction was received has been delivered to the department.

CALIFORNIA CODE OF REGULATIONS

TITLE 16, DIVISION 7
ARTICLE 6

628. Training in Exercising the Power to Arrest.

(a) The course of training in the powers to arrest prescribed by the Department of Consumer
Affairs pursuant to Sections 7583.6(a) and 7583.7(a) of the Business and
Professions Code consists of successful completion of a course approved by the bureau in
exercising the powers to arrest.

(b) Uniformed employees of private patrol operators and responding alarm agents shall take
and successfully complete the training course and examination in the exercise of powers to
arrest. An employee must receive a score of 100% on said examination in order to
successfully complete said course.

The course of training and administration of the examination may be given by a training
school approved by the bureau or by the employer or such uniformed employees provided
that such employer has a designated instructor and such instructor is

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knowledgeable in the powers to arrest as set forth in the Standard Training Manual issued by
the bureau and is able to assist employees who cannot read or write.

(c) A licensee or approved training school which administers the training and examination
shall retain the examination results on bureau-approved answer sheets for a period of not
less than two years or until audited by the bureau, whichever occurs first. A licensee or
training facility shall certify under penalty of perjury on the employee’s application for
registration that such person has successfully completed the training and examination
contained in the Standard Training Manual issued by the bureau.

(d) No employee may be assigned to work until he or she has completed the course referred
to in subsection (a).

FIREARMS

Several training and background check requirements relate to registration as an armed

security guard. The following sections contain details on required training, distinctions
between exposed and concealed firearms, and firearm-related crimes.

CALIFORNIA CODE OF REGULATIONS

TITLE 16, DIVISION 7
ARTICLE 7

631. Requirements for Carrying or Use of Firearms or Simulated Firearms.

(a) A registered employee shall not carry, use or possess a loaded or unloaded firearm in the
performance of his duty, whether or not it is serviceable or operative, unless he has in his
possession a firearms qualification card issued to him by the chief. Such card must be shown
to any peace officer or bureau representative upon demand.

(b) A registered employee may not carry any replica or other simulated firearm.

631.1. Allowing the Carrying or Use of a Firearm.

(a) A private patrol or alarm company operator shall not allow an employee to carry or
use a loaded or unloaded firearm, whether or not it is serviceable or operative, unless such
employee possesses a firearms qualification card.

(b) A private patrol or alarm company operator may not allow an employee to carry any
replica or other simulated firearm.

632. Firearms Qualification Card.

(a) The bureau shall issue a firearms qualification card to an applicant where all of the
following conditions exist:

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(1) The applicant is a licensed private investigator, alarm company operator, private patrol
operator or registered employee of such a licensee or is employed or compensated by a
lawful business or public agency as a security guard or patrol person;

(2) The applicant has filed with the bureau a completed application for a firearms
qualification card on a form prescribed by the bureau, dated and signed by the applicant
under penalty of perjury that the information in the application is true and correct;

(3) The application is accompanied by:

(A) Payment of the firearms qualification fee prescribed by Section 640(g).

(B) Proof, satisfactory to the bureau, of successful completion of a course approved by the
bureau in the carrying and use of a firearm. Including:

1. Proof of successful passage of a written examination prescribed by the bureau. Such

examination shall be based on information required to be taught pursuant to Section 635; and

2. Proof of qualifying on an approved firearm range with the caliber of weapon to be used
by the applicant pursuant to Section 633.

(4) The bureau has determined, after investigation, that the carrying and use of a firearm by
the applicant in the course of his or her duties presents no apparent threat to the public
safety.

(b) The firearms qualification card, when issued, shall be mailed to the applicant at the
address which appears on the application. In the event of the loss or destruction of the card
the cardholder may apply to the chief for a certified replacement for the card, stating the
circumstances surrounding the loss, and pay a $10 certification fee whereupon the chief shall
issue a certified replacement for such card.

(c) Firearms qualification card does not authorize the holder thereof to carry a concealed
weapon as that term is defined in Penal Code Section 12050.

AUTHORITY TO CARRY AN EXPOSED FIREARM

The Business and Professions Code and the Penal Code contain several sections that security
guards must obey when they carry an exposed firearm on duty.

BUSINESS AND PROFESSIONS CODE

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES
ARTICLE 4

Business & Professions Code Section 7583.5

(a) Every licensee and any person employed and compensated by a licensee, other lawful
business or public agency as a security guard or patrolperson, and who in the course of that
employment or business carries a firearm, shall complete a course of training in the

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exercise of the powers to arrest and a course of training in the carrying and use of firearms.
This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977.
Armored vehicle guards hired on or after January 1, 1977, shall complete a course in the
carrying and use of firearms, but shall not be required to complete a course of training in the
exercise of the powers to arrest. The course of training in the carrying and use of firearms
shall not be required of any employee who is not required or permitted by a licensee to carry
or use firearms. The course in the carrying and use of firearms and the course of training in
the exercise of the powers to arrest shall meet the standards which shall be prescribed by the
Department of Consumer Affairs. The Department shall encourage restraint and caution in
the use of firearms.

(b) No uniformed employee of a licensee shall carry or use any firearm unless the employee
has in his or her possession a valid firearm qualification card.

Note: It is illegal for a licensee or registrant to carry a concealed weapon on duty without a permit
issued by local authorities. The firearm permit issued by BSIS only allows the security guard to carry
an exposed firearm while on duty.

EXEMPTIONS FROM THE PRIVATE SECURITY SERVICES ACT

Business & Professions Code Section 7582.2 (Excerpt)

This chapter [Chapter 11.5, the Private Security Services Act] does not apply to:

(a) A person employed exclusively and regularly by any 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, provided that the
person at no time carries or uses any deadly weapon in the performance of his or her duties.
For purposes of this subdivision, “deadly weapon” is defined to include any instrument or
weapon of the kind commonly known as a blackjack, sling-shot, billy, sandclub, sandbag,
metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor with an unguarded blade and any
metal pipe or bar used or intended to be used as a club.
…

(k) A peace officer of this state or a political subdivision thereof while such peace officer is
employed by a private employer to engage in off-duty employment in accordance with the
provisions of Section 1126 of the Government Code. However, nothing herein shall exempt
such peace officer who either contracts for his or her services or the services of others as a
private patrol operator or contracts for his or her services as an armed private security officer.
For the purpose 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

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the retired officer is in a uniform of public law enforcement agency, has registered with
thebureau 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 a loaded or concealed firearm unless he or she is exempted under the provisions of
subdivision (a) of Section 12027 of the Penal Code or paragraph (1) of subdivision (b) of
Section 12031 of the Penal Code or has met the requirements set forth in Section 12033 of the
Penal Code. However, nothing herein shall exempt the retired peace officer who contracts
for his or her services or the other services of others as a private patrol operator.

PEACE OFFICER EXEMPTIONS

An active duty peace officer or a level 1 or 2 reserve peace officer who wishes to be an armed
security guard must apply for the security guard registration but does not have to apply for
the firearm permit. However, to carry a weapon as a security guard, such peace officers must
have on their person, while performing the duties of a security guard, a written authorization
from their primary employer (law enforcement entity) giving them permission to carry a
weapon while performing the duties of a security guard. If they are unable to obtain the
written permission from their primary employer (law enforcement entity) they must apply
for the firearm permit.

Such peace officers are also exempt from having to submit fingerprints for the security guard
registration or firearm permit. However, you must notify the Bureau within 72 hours of any
change in your employment status (retired, quit, fired) with your primary employer (law
enforcement entity). You would then have to reapply for a new guard registration and
exposed firearm permit and would also have to submit fingerprints.

APPLICABLE PENAL CODE SECTIONS

(FROM THE 2005 COMPACT EDITION)

I. Penal Code Section 12031 [Carrying of loaded firearms; misdemeanor] (Excerpt)

(a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded
firearm on his or her person or in a vehicle while in any public place or on any public street
in an incorporated city or in any public place or on any public street in a prohibited area of
unincorporated territory.

(b) Subdivision (a) shall not apply to any of the following:

(1) Peace officers listed in Section 830.1 or 830.2, . . .

(2) A retired peace officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981 . . .

(3) An honorably retired peace officer who is listed in subdivision (c) of Section 830.5 . . .

(4) Members of the military forces of this state or of the United States engaged in the
performance of their duties.

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(5) Persons who are using target ranges for the purpose of practice shooting with a firearm or
who are members of shooting clubs while hunting on the premises of those clubs.

(6) The carrying of pistols, revolvers, or other firearms capable of being concealed upon the
person by persons who are authorized to carry those weapons pursuant to Article 3
(commencing with Section 12050) of Chapter 1 of Title 2 of Part 4.

(7) Armored vehicle guards, as defined in Section 7521 of the Business and Professions Code,
(A) if hired prior to January 1, 1977, or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs, in each case while
acting within the course and scope of their employment.

(8) Upon approval of the sheriff of the county in which they reside, honorably retired federal
officers or agents of federal law enforcement agencies, including, but not limited to, the
Federal Bureau of Investigation, the Secret Service, the United States Customs Service, the
Federal Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Narcotics, the Drug
Enforcement Administration, the United States Border Patrol, and officers or agents of the
Internal Revenue Service who were authorized to carry weapons while on duty, who were
assigned to duty within the state for a period of not less than one year, or who retired from
active service in the state. . . .

(c) Subdivision (a) shall not apply to any of the following who have completed a regular
course in firearms training approved by the Commission on Peace Officer Standards and
Training. . . .

(d) Subdivision (a) shall not apply to any of the following who have been issued a
certificate pursuant to Section 12033. The certificate shall not be required of any person
who is a peace officer, who has completed all training required by law for the exercise of
his or her power as a peace officer, and who is employed while not on duty as a peace
officer. (Emphasis added)

(1) Guards or messengers of common carriers, banks, and other financial institutions while
actually employed in and about the shipment, transportation, or delivery of any money,
treasure, bullion, bonds, or other thing of value within this state.

(2) Guards of contract carriers operating armored vehicles pursuant to California Highway
Patrol and Public Utilities Commission authority (A) if hired prior to January 1, 1977, or (B) if
hired on or after January 1, 1977, if they have completed a course in the carrying and use of
firearms which meets the standards prescribed by the Department of Consumer Affairs.

(3) Private investigators and private patrol operators who are licensed pursuant to Chapter
11.5 (commencing with Section 7512) of, and alarm company operators who are licensed
pursuant to Chapter 11.6 (commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their employment.

(4) Uniformed security guards or night watch persons employed by any public agency,
while acting within the scope and course of their employment. (Emphasis added)

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(5) Uniformed security guards, regularly employed and compensated in that capacity by
persons engaged in any lawful business, and uniformed alarm agents employed by an
alarm company operator, while actually engaged in protecting and preserving the property
of their employers or on duty or en route to or from their residences or their places of
employment, and security guards and alarm agents en route to or from their residences or
employer-required range training. Nothing in this paragraph shall be construed to
prohibit cities and counties from enacting ordinances requiring alarm agents to register
their names. (Emphasis added)

(6) Uniformed employees of private patrol operators and private investigators licensed
pursuant to Chapter 11.5 (commencing with Section 7512) of Division 3 of the Business and
Professions Code, while acting within the course and scope of their employment. . . .

(I) Nothing in this section shall prevent any person from carrying a loaded firearm in an area
within an incorporated city while engaged in hunting, provided that the hunting at that place
and time is not prohibited by the city council.

(j) (1) Nothing in this section is intended to preclude the carrying of any loaded firearm,
under circumstances where it would otherwise be lawful, by a person who reasonably
believes that the person or property of himself or herself or of another is in immediate, grave
danger and that the carrying of the weapon is necessary for the preservation of that person or
property. As used in this subdivision, "immediate" means the brief interval
before and after the local law enforcement agency, when reasonably possible, has been
notified of the danger and before the arrival of its assistance. . . .

(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is
otherwise lawful, at his or her place of residence, including any temporary residence or
campsite. . . .
Note: Merely completing a course in firearms training does not authorize any security guard to carry
a firearm on duty unless he/she has been issued a permit to do so. Security guards who carry a firearm
while on duty without a valid permit could be arrested and convicted for violation of Section 12031 of
the Penal Code.

II. Penal Code Section 12025 [Carrying a weapon concealed within a vehicle or on
person]

(a) A person is guilty of carrying a concealed firearm when he or she does any of the
following:

(1) Carries concealed within any vehicle which is under his or her control or direction any
pistol, revolver, or other firearm capable of being concealed upon the person.

(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of
being concealed upon the person.

(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any
pistol, revolver, or other firearm capable of being concealed upon the person.

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(b) Carrying a concealed firearm in violation of this section is punishable, as follows:

(1) Where the person previously has been convicted of any felony, or of any crime made
punishable by this chapter, as a felony.

(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it
was stolen, as a felony.

(3) Where the person is an active participant in a criminal street gang, as defined in
subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act
(Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) Where the person is not in lawful possession of the firearm, as defined in this section,
or the person is within a class of persons prohibited from possessing or acquiring a firearm
pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, as a felony.

(5) Where the person has been convicted of a crime against a person or property, or of a
narcotics or dangerous drug violation, by imprisonment in the state prison, or by
imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.

(6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and
imprisonment . . .

(f) Firearms carried openly in belt holsters are not concealed within the meaning of this
section.

(g) For purposes of this section, "lawful possession of the firearm" means that the person
who has possession or custody of the firearm either lawfully owns the firearm or has the
permission of the lawful owner or a person who otherwise has apparent authority to possess
or have custody of the firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful custody of the firearm
does not have lawful possession of the firearm. . . .

BATONS

Business & Professions Code Section 7585.9 (Excerpt)

(a) The course of training in the carrying and usage of the baton, the satisfactory completion
of which shall be required of applicants who wish to obtain a baton permit, shall be in the
format prescribed by the Department of Consumer Affairs as delineated in the bureau's
"Baton Training Manual." The course of training contained in the manual shall include, but
not be limited to, the following subjects:

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(1) Moral and legal aspects of baton usage.
(2) Use of force.
(3) Baton familiarization and uses.
(4) First aid for baton injuries.
(5) Fundamentals of baton handling.
(A) Stances and grips.
(B) Target areas.
(C) Defensive techniques.
(D) Control techniques.
(E) Arrest and control techniques.
(6) Examination of the subject matter as taught in the classroom and as provided by the
bureau. . . .

Business & Professions Code Section 7585.14

(a) A baton training facility shall issue a bureau-developed baton permit to any person who
successfully completes a baton training course as described in Section 7585.9 and possesses a
valid security guard registration card issued pursuant to Article 4 (commencing with Section
7583) or who has made application for that registration card. The permit is valid only when
the holder possesses a valid guard registration card. . . .

Business & Professions Code Section 7583.34

A licensee shall not permit any employee to carry a baton prior to ascertaining that the
employee is proficient in the use of the weapon. Evidence of proficiency shall include a
certificate from a baton training facility approved by the bureau which certifies that the
employee is proficient in the use of the baton.

2005 PENAL CODE SECTIONS

Section 12002. [Exemptions: Law Enforcement Officers; Uniformed Security Guards.]

(a) Nothing in this chapter prohibits police officers, special police officers, peace officers, or
law enforcement officers from carrying any wooden club, baton, or any equipment
authorized for the enforcement of law or ordinance in any city or county.

(b) Nothing in this chapter prohibits a uniformed security guard, regularly employed and
compensated by a person engaged in any lawful business, while actually employed and
engaged in protecting and preserving property or life within the scope of his or her
employment, from carrying any wooden club or baton if the uniformed security guard has
satisfactorily completed a course of instruction certified by the Department of Consumer
Affairs in the carrying and use of the club or baton. The training institution certified by
the Department of Consumer Affairs to present this course, whether public or private, is
authorized to charge a fee covering the cost of the training.

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(d) Any uniformed security guard who successfully completes a course of instruction
under this section is entitled to receive a permit to carry and use a club or baton within
the scope of his or her employment, issued by the Department of Consumer Affairs. . . .

[NOTE: BSIS is authorized to issue only generic baton permits. Therefore, if a security guard
has a baton permit, the guard is authorized to carry any type of baton on duty. BSIS strongly
recommends that the security guard have specific training in the type of baton carried.]

TEAR GAS

Tear gas and other chemical agents commonly used in the security professions may only be
used after the proper training and certificate have been attained. The following excerpts
from the Business and Professions Code explain the requirements.

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES

ARTICLE 4

Business & Professions Code Section 7583.35

Every licensee, qualified manager, or a registered uniformed security guard, who in the
course of his or her employment carries tear gas or any other nonlethal chemical agent, shall
complete the required course pursuant to Section 12403.5 of the Penal Code.

Business & Professions Code Section 7583.36

A licensee shall not permit any employee to carry tear gas or any other nonlethal chemical
agent prior to ascertaining that the employee is proficient in the use of tear gas or other
nonlethal chemical agent. Evidence of proficiency shall include a certificate from a training
facility approved by the Department of Consumer Affairs, Bureau of Security and
Investigative Services that the person is proficient in the use of tear gas or any other nonlethal
chemical agent.

Business & Professions Code Section 7583.37 (Excerpt)

The director may assess fines as enumerated in Article 7 (commencing with Section 7587).
Assessment of administrative fines shall be independent of any other action by the bureau
or any local, state, or federal governmental agency that may result from a violation of this
article. In addition to other prohibited acts under this chapter, no licensee, qualified
manager, or registered security guard shall, during the course and scope of licensed activity,
do any of the following: . . .

(d) Carry or use tear gas or any other nonlethal chemical agent in the performance of his or
her duties unless he or she has in his or her possession proof of completion of a course in the
carrying and use of tear gas or any other nonlethal chemical agent.

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APPLICABLE PENAL CODE SECTIONS

Section 12403.5
Notwithstanding any other provision of law, a person holding a license as a private
investigator or private patrol operator issued pursuant to Chapter 11 (commencing with
Section 7500), Division 3 of the Business and Professions Code, or uniformed patrolmen
employees of a private patrol operator, may purchase, possess, or transport any tear gas
weapon, if it is used solely for defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a course of instruction
approved by the Department of Consumer Affairs in the use of tear gas.

UNIFORMS, PATCHES, BADGES, AND VEHICLES

Security guards use distinctive uniforms, security patrol cars, and other items to distinguish
their status and company affiliation. To maintain the distinction between civilians, security
guards, and members of the law enforcement community, these identifying items must
comply with the following regulations.

BUSINESS AND PROFESSIONS CODE

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES
ARTICLE 3

Business and Professions Code Section 7582.26 (Excerpt)

...
dNo licensee, or officer, director, partner, manager, or employee of a licensee, shall use a
title, or wear a uniform, or use an insignia, or use an identification card, or make any
statement with the intent to give an impression that he or she is connected in any way with
the federal government, a state government, or any political subdivision of a state
government.
...

(f) No private patrol licensee or officer, director, partner, manager, or employee of a private
patrol licensee shall use or wear a badge, except while engaged in guard or patrol work and
while wearing a distinctive uniform. A private patrol licensee or officer, director, partner,
manager, or employee of a private patrol licensee wearing a distinctive uniform shall wear a
patch on each shoulder of his or her uniform that reads "private security" and that includes
the name of the private patrol company by which the person is employed or for which the
person is a representative and a badge or cloth patch on the upper left breast of the uniform.
All patches and badges worn on a distinctive uniform shall be of a standard design approved
by the director and shall be clearly visible. The director may assess a fine of two hundred
fifty dollars ($250) per violation of this subdivision.
...
(i) No private patrol operator licensee or officer, director, partner, or manager of a private
patrol operator licensee, or person required to be registered as a security guard pursuant to

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this chapter shall use or wear a baton or exposed firearm as authorized by this chapter
unless he or she is wearing a uniform which complies with the requirements of Section
7582.27.

Business and Professions Code Section 7582.27 (Excerpt)

Any person referred to in subdivision (i) of Section 7582.26 who uses or wears a baton or
exposed firearm as authorized pursuant to this chapter shall wear a patch on each arm that
reads "private security" and that includes the name of the company by which the person is
employed or for which the person is a representative. The patch shall be clearly visible at all
times. The patches of a private patrol operator licensee, or his or her employees or
representatives shall be of a standard design approved by the director. . . .

Business and Professions Code Section 7582.28 (Excerpt)

Any badge or cap insignia worn by a person who is a licensee, officer, director, partner,
manager, or employee of a licensee shall be of a design approved by the director, and shall
bear on its face a distinctive word indicating the name of the licensee and an employee
number by which the person may be identified by the licensee. The provisions of this section
shall not be construed to authorize persons to wear badges who are prohibited by Section
7582.26 from wearing badges. . . .

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES

ARTICLE 4

Business and Professions Code Section 7583.38

A city, county, or city and county may regulate the uniforms and insignias worn by
uniformed employees of a private patrol operator and vehicles used by a private patrol
operator to make the uniforms and vehicles clearly distinguishable from the uniforms worn
by, and the vehicles used by, local regular law enforcement officers.

QUESTIONS?

The Bureau of Security and Investigative Services (BSIS) is located at:

2420 Del Paso Road, Suite 270

Sacramento, California 95834

Business hours are 8:00 a.m. to 4:50 p.m. Monday through Friday.

The Security Guard Guide was developed by Rolando Taeza of the Bureau of Security and
Investigative Services and designed by Jay Van Rein of the Department of Consumer Affairs.
Additional copies may be downloaded from the web site at www.dca.ca.gov/bsis/or may be
requested by writing to the Bureau at the above address.
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 Jake Rossen 5/4/2019

© kris krüg, Flickr // CC BY-SA 2.0 Why Is A Police Officer's

Baton Called a Billy Club?

For centuries, authoritarians have sought to exert control over their fellow humans in a variety of
ways. When non-lethal force is desired, police have traditionally dispensed a billy club, a wood or
synthetic-material bludgeon that can diminish one's enthusiasm for breaking the law. The tool has
been known by other names—a nightstick, a baton, a mace, a truncheon—but billy club is a label that
appears to have stuck.

So, where did the name came from? Did anyone named Billy swing one in an attempt to restore
order? History offers up a couple of possible explanations.

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 © Provided by Sportority, Inc. (Mental Floss) A actor dressed as an English policeman, circa 1880.
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 In 1829, Prime Minister Sir Robert Peel formed London's first police department. Patrolling the
city's streets, the officers (who were also known as "bobbies"—as in Robert's men) were armed only
with a billy club, a solid stick that could be deployed in a variety of ways, not all of them harmful.
The sight of officers twirling the sticks could act as a preventative measure for would-be criminals or
help someone who needed assistance to spot an officer. If a patrolman needed help, the stick could
be rapped on the ground or against a pipe to summon colleagues to the scene.

In a physical confrontation, the billy club could help ward off attacks or assist an officer in
restraining a suspect. Used offensively, it spared the hands any damage in a striking exchange. The
use of the billy club soon spread to American cities like New York and Boston. Some officers
decorated their billy clubs with symbols, coats of arms, or their initials.

© Provided by Sportority, Inc. (Mental Floss) Old police batons on display at London's Metropolitan
Police Heritage Centre.

The term likely came from the slang for crowbar. A "billy club" is what burglars called their prying
tool of choice. It could have also been a play on the term "bully club," which has a slightly more
involved etymology across the pond.

In the early 1800s, students at Yale University in New Haven, Connecticut appointed a "senior
bully," or captain of the college, who was granted possession of the "bully club," a ceremonial stick
that indicated their position in the hierarchy of the school. Yale lore has it that the "bully club" was
named for the time a student got into a fight with a sailor and took the weapon from him. Celebrated
for standing his ground against a rough man of the seas, the student's seized bully club became a
school tradition.

In some areas, the billy club has taken on regional affectations. In Baltimore, police wield a long
stick called an espantoon, named after the spontoons carried by members of the Roman legion. In
New York City, defensive batons with a side handle dubbed PR-24s were introduced in 1999. Overall
use of the clubs has declined in recent years in favor of other non-lethal weapons like Tasers and
pepper spray. Advocates of the billy club say that targeting bony prominences and nerve clusters of a
perpetrator is better than drawing a weapon in some situations.

No matter what name it goes by, it's likely the club will remain a fixture of law enforcement
personnel for a long time to come.

Microsoft may earn an Affiliate Commission if you purchase something through recommended links
in this article.

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