View Full Version : California Peace Officer Status for Animal Lovers

09-29-2005, 1:51 AM
With the signing of H.R. 218, the "Law Enforcement Officers' Safety Act," into law by President George W. Bush on July 22, 2004, qualified active and retired law enforcement officers have been exempted from State and local prohibitions with respect to the carrying of concealed firearms. Accordingly, all qualified active and retired law enforcement officers henceforth stand to benefit from a national right to carry concealed firearms. In California, this qualification appears to extend to humane society officers, endorsed by the head of their humane society for the standing as a peace officer.

Humane society officers exercise police powers under the California Food & Agriculture, Penal, and Health & Safety Codes. Here is a partial list of the relevant powers and code sections: <UL TYPE=SQUARE> <LI> May initiate proceedings to collect civil penalties relating to spaying or neutering, pursuant to section 31763 of the Food & Agriculture Code.
<LI> May seize, care for and euthanize animals that are without proper care, pursuant to Penal Code section 597.1 and 597f(b).
<LI> Is required to locate owners of certain animals for the purpose of returning lost animals to the owners, pursuant to Penal Code section 597.1(l).
<LI> Is required to assist horse owners who need to abandon or give up ownership of their horses, pursuant to Penal Code section 597.2.
<LI> Must inspect vehicles that transport horses to slaughter, per Penal Code section 597o(a)(12).
<LI> May cite horse owners and keepers who fail to meet certain standards for humane treatment of horses, pursuant to Health Safety Code section 25988.
<LI> May inspect the records of pet dealers pertaining to the health, status, and disposition of dogs and cats pursuant to Health & Safety Code section 122145. [/list] Humane officers are also grouped with officers "of a district, county, or city" with respect to Government Code provisions relating to misconduct in office and removal from office. (See Government Code section 3060-3075.)

Licensing dogs and performing other governmental functions for a city is further evidence that the humane society is a public authority. The ability to issue dog licenses is a governmental function, not a private one. (See California Government Code section 38792(a), "The legislative body of a city may impose and collect a license fee for a period not to exceed two years and not exceeding the cost of services relating to dogs...") Functioning under contract as an animal control agency is also a factor that may make a humane society the equivalent of a governmental entity. An animal control agency is specifically referred to as a "local public agency" in places throughout the California codes (see, i.e., the reference in Government Code section 53126.5 to "a local public agency such as street maintenance and animal control.") Similarly, animal control services are included in the list of governmental services in the "County Service Area Law." (See Government Code sections 25210.1-25210.9c, especially 25210.4a which refers to "animal control" as one of the "miscellaneous extended services" covered by the County Service Area Law.) As far as I know, a humane society officer has jurisdiction and powers of arrest in cases of animal and child abuse, and may be authorized by their humane societies to carry a firearm.

Humane societies are constituted in accordance with Sections 14500-14503 of the California Corporations Code. Sections 14501 et seq. confer important privileges on defenders of our furry friends' rights. However, Section 14500 in its "heretofore formed and existing" part was enacted in 1997 in order to curb purported abuses of access to these privileges, presumably arising from a widely reported 1995 incident (http://groups.google.com/group/talk.politics.guns/msg/8b5f8e76e21362c6). (An arsenal maintained by a Pepperdine University professor moonlighting as a humane society officer appears to have served as the catalyst for this legislative action.) The statutes that I cited are available online (http://www.leginfo.ca.gov/calaw.html).

If I can inspire enough interest in this matter, I would like to buy out an existing, grandfathered animal shelter that enjoys the privileges of deputizing its officers in virtue of having been formed and existed in California prior to 1997. In doing so, I wish to create qualifications as active law enforcement officers for myself and my fellow participants, to the extent of acquiring the relevant state credentials. If possible, I mean also to satisfy the predicates of H.R. 218, if not automatically, through compliance with the statutes that I quoted above, then through cultivating contractor relationships with the relevant state and municipal agencies. A real charity that does everything on the level would have an excellent chance of securing all sort of cooperation from government entities. The idea is not only to abstain from giving the authorities an incentive to shut us down, but to perform a useful civic function, as regards the statutory jurisdiction and powers of arrest in cases of animal and child abuse.

I am budgeting around $10,000 on legal research and documentation. In addition to my philanthropic concern for extending the right to keep and bear arms, I have an ulterior motive in animal welfare. Humane societies can be economically viable. Representative financials of national charities can be found online (http://www.give.org/reports/index.asp). I am looking for like-minded individuals willing and able to join forces in this project. This complex and rewarding matter requires pledges of money, time, and expertise. Veterinarians, child psychologists, lawyers, physicians, and professional fundraisers are especially encouraged to apply.

Is anyone interested in joining forces?

09-29-2005, 3:34 AM
Sounds like a great and nobel cause, how can I help?

09-29-2005, 6:39 AM

09-29-2005, 8:43 PM
Nice! The more Americans packing the better.

Saw a crazy freak in Oakland the other day in a Chevron who had a problem with the cashier and anyone who wanted to do bussiness before she got her way, well it took the cops 15 min. to get there and she was let go after a few minutes. She threatened 4 people getting gas and shut down the pumps the whole time.

Want to know why? Because what are you going to do about it? When I told her to eat *** she said she'd kill me.

Come to find out her boyfriend was a off duty security gaurd who had a CCW.

09-29-2005, 9:37 PM
What's the plan? Devil's in the details...

09-29-2005, 11:03 PM
Count me in http://calguns.net/groupee_common/emoticons/icon_smile.gif

I'm close by, and every organization needs a good armorer, right http://calguns.net/groupee_common/emoticons/icon_wink.gif