Bill
AB 1489
AB 1489: zero-tolerance for carrying agency-issued firearms if BAC > 0.00% on or off duty, with an undercover-on-duty exception; agencies must adopt policy.
Status: Introduced Feb 21, 2025. In committee: Held under submission (as of 2025-05-23).
Summary
- AB 1489 would add Penal Code section 13667 to require law enforcement agencies that issue firearms to their peace officers to adopt a policy prohibiting those officers from carrying the agency‑issued firearm while the officer’s blood alcohol concentration (BAC) is greater than 0.00%. The prohibition applies whether the officer is on duty or off duty, with a single statutory exception for officers who are on duty and engaged in undercover assignments.
Key provisions
- New statutory definition of “carry”: “to have direct physical control of or be physically connected to a firearm,” explicitly including when the firearm is in a holster affixed to the person.
- Mandatory agency policy: any agency that issues a firearm to an employed peace officer must have a written policy that forbids that officer from carrying the agency‑issued firearm whenever the officer’s BAC is greater than 0.00%.
- Exception: does not apply when an officer is on duty and engaged in an undercover assignment in the course of employment.
- State mandate / reimbursement: the bill states that if the Commission on State Mandates determines the measure imposes state‑mandated local costs, reimbursement must be made pursuant to Government Code Part 7 (commencing with §17500).
Who would be affected
- Local law enforcement agencies that issue firearms to peace officers (city police departments, county sheriff’s offices, and other agencies that arm employees).
- Peace officers employed by those agencies, whether on duty or off duty, except for the specified undercover assignment exception.
- Local governments may incur administrative, training, and compliance costs to adopt and implement the required policies.
Procedural / fiscal notes
- Legislative digest indicates a “Local Program: YES” and that the measure imposes new duties on local law enforcement (a state‑mandated local program). The digest notes Fiscal Committee review; no appropriation is indicated.
- The bill does not set out specific enforcement mechanisms (for example, mandatory BAC testing procedures, monitoring requirements, or specified disciplinary penalties) in the text of the added Penal Code section.
- Key legislative actions: introduced Feb 21, 2025; referred to Public Safety; amended and re‑referred; do pass from Public Safety and re‑referred to Appropriations (late April); set for Appropriations suspense file (May 7); held under submission in committee (May 23).
Impact considerations (practical)
- Agencies will need to draft or revise policies, provide training, and determine compliance and discipline protocols.
- The 0.00% BAC threshold establishes a zero‑tolerance standard for carrying agency‑issued firearms, which could restrict off‑duty carrying after any alcohol consumption unless agencies craft additional administrative rules (the bill itself does not create a criminal offense or specify testing/penalty procedures).
Compiled from official sources — confirm details with the bill’s official record.
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