Who qualifies as an LEO

[Thefeeder]

Fireman?

[robitrocks]

Law Enforcement Officer?

[csmintel]

fireman is not leo, though I think they should have at least one person ( covertly) armed just in case. they do arrive 1st on the scene sometimes. same goes to paramedics.

[CSDGuy]

fireman is not leo, though I think they should have at least one person ( covertly) armed just in case. they do arrive 1st on the scene sometimes. same goes to paramedics.
Arson investigators are in fact, LEOs. They are not "normal" LEOs... They attend a "Special Investigators Basic Course" instead of a full Academy.

[Thefeeder]

Arson investigators are in fact, LEOs. They are not "normal" LEOs... They attend a "Special Investigators Basic Course" instead of a full Academy.

I'll rephrase...In the eye of the Calif DOJ is a fireman a LEO

[Shane916]

I'll rephrase...In the eye of the Calif DOJ is a fireman a LEO

A regular fireman or firewoman no.

830.37. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and
under terms and conditions specified by their employing agency:
(a) Members of an arson-investigating unit, regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers is the detection and
apprehension of persons who have violated any fire law or committed
insurance fraud.
(b) Members other than members of an arson-investigating unit,
regularly paid and employed in that capacity, of a fire department or
fire protection agency of a county, city, city and county, district,
or the state, if the primary duty of these peace officers, when
acting in that capacity, is the enforcement of laws relating to fire
prevention or fire suppression.
(c) Voluntary fire wardens as are designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
(d) Firefighter/security guards by the Military Department, if the
primary duty of the peace officer is the enforcement of the law in
or about properties owned, operated, or administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.

[Shane916]

Here is the link if you interested in all the technicalities.

http://law.justia.com/california/codes/pen/830-832.17.html

[tyrist]

fireman is not leo, though I think they should have at least one person ( covertly) armed just in case. they do arrive 1st on the scene sometimes. same goes to paramedics.

They wait around the corner for us to secure the scene before they proceed.

[moulton]

Arson investigators
Fire Marshals
Fire Chiefs

[icormba]

Sunnyvale Public Safety Officers who serve and/or are trained as both Fire and Police, I believe, qualify.

http://www.sunnyvale.ca.gov/Departments/Public+Safety/

[moulton]

Sunnyvale Public Safety Officers who serve and/or are trained as both Fire and Police, I believe, qualify.

http://www.sunnyvale.ca.gov/Departments/Public+Safety/

Same with Rohnert Park DPS

[BLFD1]

Arson investigators
Fire Marshals
Fire Chiefs

Well gee! I guess I'm in luck... I've done the Level III,II,I courses and I'm a Fire Chief. I can't wait to try and buy my first assault weapon or more standard cap mags.... "but really officer, I'm one of you"... LOL! you guys think it'll fly??

Seriously though, it's worth looking into. If it's in the law, it's meant to be exercised.

[halifax]

DOJ once told me the ID must say PEACE officer to qualify for all the good stuff. That may not be all though.

[CSDGuy]

Your firefighter ID would likely say that you have authority as a peace officer if you're so designated. BLFD1 - if you've been designated as a peace officer in your role as FD Chief, you might just qualify... but I don't know if you are employed as/qualified as a 830.1 or 830.2 peace officer in that role. I've never looked into it and how it might play into the firearms laws.

[Ironchef]

Does any of this have to do with being sworn? For example, the above cited occupations of fire chief, arson inspector, etc..are they sworn? Or is there some other authority derived pronouncement that enables someone in fire to be able to have LE authority?

Or maybe I'm not understanding the purpose of this thread? Maybe more context would help?

[mrjones98]

Assuming this is asked in reference to the various gun laws that make exceptions for law enforcement...

Their qualification as "LEO/peace officer/830PC" has nothing to do with their fire training. They are police officers who have gone through the academy and been sworn in. They also happen to have gone through a fire academy, and are also employed as firefighters.

Sunnyvale Public Safety Officers who serve and/or are trained as both Fire and Police, I believe, qualify.

http://www.sunnyvale.ca.gov/Departments/Public+Safety/

[Suvorov]

How do these Kalifornia "LEO Special exemptions" apply to "gun carrying" Federal Officers?

CBP?
FAM?
FFDO?
BP?

[Rogue187]

What are you asking?
CBP
FAM
FFDO
BP?

Are you trying to find out if these agencies individuals qualify as LEO's..
Under California Penal Code 830.8 Federal officers are not Peace Officers.

But what is your question?
Can these individuals purchase weapons that are LEO only?

[jmzhwells]

the Fire guys that investigate arson and have gone through the POST training are considered LEO's. They know who they are, and usually only investigate arson. This way they can file charges with the local DA.

[jmzhwells]

and yes if they are POST certified as Peace officers then they can have the LEO only guns. Hoooraw

[ibanezfoo]

My brother-in-law has peace officer status and supposedly can arrest you, but he's not a cop. He works with kids "in the system". His degree is in psychology.

-Bryan

[BLFD1]

Even though I guess I could make an arrest, I just call an LEO (County S.O.) to make any arrest. I do ivestigate fires, etc. I'm sure "The" Fire Chief would write me a letter though if I needed it to obtain any of the restricted items.


I'm interested in this topic though as it may be a avenue that I hadn't thought of prior.

[Stormfeather]

Sounds like you may be onto something here! Next thing ya know, 75% of Calgunners are going to be applying to the firemans academy and gunning for the Chief slot!

[GuyW]

Does any of this have to do with being sworn? For example, the above cited occupations of fire chief, arson inspector, etc..are they sworn?

I'm curious about the exact text of the "swearing in".

[jmzhwells]

taking an oath, means swearing in. Upon academy graduation you take an oath to uphold laws, etc. So if the fire investigators pass a POST academy then they will be sworn in by taking an oath

[GuyW]

taking an oath, means swearing in. Upon academy graduation you take an oath to uphold laws, etc. So if the fire investigators pass a POST academy then they will be sworn in by taking an oath

So, is the oath any different than that taken by elected officials and various government volunteers?

CALIFORNIA CONSTITUTION
ARTICLE 20 MISCELLANEOUS SUBJECTS


SEC. 3. Members of the Legislature, and all public officers and
employees, executive, legislative, and judicial, except such inferior
officers and employees as may be by law exempted, shall, before they
enter upon the duties of their respective offices, take and
subscribe the following oath or affirmation:


"I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
to enter.
"And I do further swear (or affirm) that I do not advocate,
nor am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means; that within the five years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any party or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means except as follows:
__________________________________________________ _____

(If no affiliations, write in the words "No Exceptions")
and that during such time as I hold the office of ______________

________________________________ I will not advocate nor
(name of office)
become a member of any party or organization, political or
otherwise, that advocates the overthrow of the Government of the
United States or of the State of California by force or violence or
other unlawful means."

And no other oath, declaration, or test, shall be required as a
qualification for any public office or employment.
"Public officer and employee" includes every officer and employee
of the State, including the University of California, every county,
city, city and county, district, and authority, including any
department, division, bureau, board, commission, agency, or
instrumentality of any of the foregoing.

[BLFD1]

I was sworn in...

[GuyW]

I was sworn in...

I've been sworn in several times....but I don't get to arrest anyone (other than citizens arrest)

[SkyStorm82]

I get sworn at....

[jamesob]

some fireman do have power.

[Suvorov]

What are you asking?
CBP
FAM
FFDO
BP?

Are you trying to find out if these agencies individuals qualify as LEO's..
Under California Penal Code 830.8 Federal officers are not Peace Officers.

But what is your question?
Can these individuals purchase weapons that are LEO only?

Yes, I'm wondering if Federal Law Enforcement officers are given the same firearms exemptions (such as being able to purchase rostered handguns) as California Law Enforcement Officers.

[Rogue187]

California has a list of exemptions for individuals to purchase firearms..
Federal Officers are on that list.

Law Enforcement officers can purchase non-rostered firearms. The exemption allows for it..
The officers must wait the 10 days also unless they have a letter from the Chief/Special Agent in Charge/Director.. The only thing this letter allows them to do is to take the firearm home that day..nothing more.

FFDO's are not allowed as they are NOT law enforcement officers outside of the FD. They are issued the firearms by DHS.

California provides coding that allows Federal Officers to purchase without having to provide a HSC..

That's all.