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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 07-10-2012, 10:54 AM
slogan10 slogan10 is offline
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Default 830.1(c) What does it cover?

Hello everyone,

I have been a member on calguns.net for a while and have used a lot of the information on the site for references. But i now have a more LEO specific question. This is my first thread and i hope i can get some help.

I am a Corrections Deputy and have 830.1(c) peace officer status.

I am wanting to carry a concealed weapon off duty.

Can i do so legally without a CCW with 830.1(c) status?
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  #2  
Old 07-10-2012, 11:46 AM
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Yes, within the law. Your department policy may or may not restrict that. Ask your chain of command.
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Old 07-10-2012, 12:13 PM
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Isn't correction officers defined under 830.2?

edit: You say "Corrections deputy" are you talking about a county jail or a state prison corrections?

I have some experience with this as I had a Peace Officer's ID card when I was a non sworn (non academy grad) deputy. The difference was what was on the back of the card. Deputies has CCW approved on the back and mine didn't. The front of the card said I had powers of arrest pusuant to blah blah blah etc.

Last edited by Ken Woodford; 07-10-2012 at 12:19 PM..
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  #4  
Old 07-10-2012, 1:58 PM
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830.1c
(c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma,
Stanislaus, Sutter, Tehama, Tulare, and Tuolumne who is employed to
perform duties exclusively or initially relating to custodial
assignments with responsibilities for maintaining the operations of
county custodial facilities, including the custody, care,
supervision, security, movement, and transportation of inmates, is a
peace officer whose authority extends to any place in the state only
while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,

or when performing other law enforcement duties directed by his or
her employing agency during a local state of emergency.

Last edited by 003; 07-10-2012 at 2:02 PM..
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Old 07-10-2012, 2:37 PM
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Im a Correctional Deputy with The Riverside County Sheriff's Department and I have to get a permit to CCW.
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Old 07-10-2012, 8:02 PM
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never mind

Last edited by Ken Woodford; 07-10-2012 at 8:06 PM..
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Old 07-10-2012, 10:33 PM
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I did some more research on this subject and i found 25450 PC which many of you should read. It makes 25400 PC (guilty of carrying concealed weapon) not applicable to anyone in the 830.1 section.
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Old 07-11-2012, 6:40 AM
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Look at LEOSA and if you are a "qualified" peace officer. If so, no need to worry about state law. Policy is another matter entirely... which is still hotly debated about federal law overriding local policy.
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Old 07-11-2012, 7:45 AM
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Call your union rep/lawyer and ask.
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Old 07-11-2012, 8:41 AM
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I'm not saying this is the law but a good guideline as to the CCW exemption given to Peace Officers...If you haven't completed a certified academy I do believe you would need to get a CCW permit.

I'd really hate to see a good guy get into trouble because of a mis-interpetation.
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Old 07-11-2012, 12:55 PM
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If agency policy is that OP has to get the same LTC as any other citizen who desires to carry then the agency does not on their own authority permit the use and carry of firearms by that class of peace officer employee when off duty. LEOSA requires that the officer be authorized by the employing agency to carry a firearm.

I think LEOSA would not apply to the OP, and it's probably best left as a question for your union and your employer.
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Old 07-11-2012, 1:10 PM
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Even if LEOSA did apply, if you get in an off duty shooting and you have violated department policy, they have no obligation to defend you and you will be dead meat in any civil suite brought against you as a result of the shooting.
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  #13  
Old 07-11-2012, 2:33 PM
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Quote:
Originally Posted by TRICKSTER View Post
Even if LEOSA did apply, if you get in an off duty shooting and you have violated department policy, they have no obligation to defend you and you will be dead meat in any civil suite brought against you as a result of the shooting.
LEOSA is not bound by a department policy requiring CCW if the department otherwise authorizes firearm carry on duty. The officer will be within law but out of policy. BOP officers fall under LEOSA but their department well not cover them so they all bought their own civil lability insurance to cover them in any of duty OIS.
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  #14  
Old 07-11-2012, 3:56 PM
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There is also no need, under California law, to have completed a full POST academy to meet the Peace Officer exemption to LTC law. Many peace officers do not attend a full academy, carry firearms on duty, meet all other components of LEOSA and carry off duty. Under the Government Code the minimum training requirement is PC8W32. If the employer is recognized by POST the academy requirement kicks in.
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Old 07-11-2012, 10:28 PM
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Quote:
Originally Posted by TRICKSTER View Post
Even if LEOSA did apply, if you get in an off duty shooting and you have violated department policy, they have no obligation to defend you and you will be dead meat in any civil suite brought against you as a result of the shooting.
Technically agencies are under no obligation to defend you for an off duty incident even if you are within policy. But they will because it will be I their best interest to do so. If you are within policy, your agency will most likely be on the hook liability wise along with you. It's also not really good for morale to not back an in policy incident.
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Old 07-12-2012, 9:38 AM
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if you have been through a full time police academy and can transfer into patrol with no training you have carry rights. if you have only been to a core academy and have to do an academy to transfer to the streets, you can not carry.

correctional officers have only on duty peace officer powers, you must have full time powers to have carry rights.
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Old 07-12-2012, 11:13 AM
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Quote:
Originally Posted by thefiveoh View Post
if you have been through a full time police academy and can transfer into patrol with no training you have carry rights. if you have only been to a core academy and have to do an academy to transfer to the streets, you can not carry.

correctional officers have only on duty peace officer powers, you must have full time powers to have carry rights.
The 24 hour peace officer requirement is for state, not LEOSA.
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Old 07-12-2012, 11:19 AM
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Fiveoh,

With all due respect, the above statement regarding off duty carry isn't quite accurate in the setting of LEOSA. Once you are appointed a peace officer, whether 830.1-830.xx, you are a peace officer. Your authority, for those outside of 830.1 and 830.2, typically ends at EOW, but your status as a peace officer does not. I don't have the case law with me at the moment, but I believe this came from a CA appellate court. Once you have peace officer status, you do not need a LTC, with some very narrow exceptions. An example is Probation Officers. While not all of them carry, those that do can carry off duty under LEOSA, whether they have completed a full academy or the PO CORE academy.
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