Correctional Officer = Peace Officer?

[gdr_11]

Ok, so I did the thread search thing and didn't find my answer. Is a California Correctional Officer eligible to purchase a handgun that is not on the CA DOJ approved list?

Just met someone but I didn't want to ask until I knew for sure

[NiteQwill]

Yes, AFAIK, if it is a state correctional officer who completed POST, they can. All CO I work with at Metro State Hospital carry off duty.

[HowardW56]

Yes they are Peace Officers

830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except
as specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
(b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the Youth and
Adult Correctional Agency or any internal affairs investigator under
the authority of the Inspector General or any employee of the
Department of Corrections designated by the Director of Corrections
or any correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
(c) The following persons may carry a firearm while not on duty:
a parole officer of the Department of Corrections or the Department
of the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly.
It is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.

[gdr_11]

Thanks, I met my wife's cousin's b/f and he and I hit it right off. I wanted to ask him, but thought I would wait and see if I could find out.

I want to order a XDm

[jmzhwells]

Im pretty sure they only have the LEO powers while on duty or at their facility, unless they become parole officers, but then they take the POST class. I do know they are only allowed to purchase full cap mags for the gun listed on their CCW. Dont know about the list though.

[Sam1]

Thanks, I met my wife's cousin's b/f and he and I hit it right off. I wanted to ask him, but thought I would wait and see if I could find out.

I want to order a XDm

straw purchase = illegal

[jasilva]

straw purchase = illegal

FUD

Straw purchase DOES NOT apply to the roster, only if someone is ineligible to own ANY gun is it a straw purchase to buy for them.

[223Dude]

One of my buddies is a CO and he gets anything (Off list/Hi Caps) just like any other LEO. Oh and can Carry Concealed too! One of my best friends is also a LEO and I could never ask him to get something I couldn't. Now if he already had it and wanted to sell it, that's a different story.

[paintballergb]

Im pretty sure they only have the LEO powers while on duty or at their facility, unless they become parole officers, but then they take the POST class. I do know they are only allowed to purchase full cap mags for the gun listed on their CCW. Dont know about the list though.

A peace officer is a peace officer. No matter what their hours are they are still peace officers.

[dennis1979gm]

C.O.'s state and federal can buy off roster handguns, high cap mags and carry off duty as per LEOSA (h.r. 218) we still have to wait 10 days inless we get a letter. but are not limited to 1 handgun every 30 days.

[Trader Jack]

FUD

Straw purchase DOES NOT apply to the roster, only if someone is ineligible to own ANY gun is it a straw purchase to buy for them.

I doubt you would a "straw purchase" from a bale of hay.
Under the context descried by the poster, it is indeed a straw purchase in the eyes of the ATF. He is asking a peace officer to purchase a firearm for him because he CAN NOT purchase that same firearm. That is a straw purchase.

[Warhawk014]

I doubt you would a "straw purchase" from a bale of hay.
Under the context descried by the poster, it is indeed a straw purchase in the eyes of the ATF. He is asking a peace officer to purchase a firearm for him because he CAN NOT purchase that same firearm. That is a straw purchase.

^this is true. straw purchase.

but if he asked you for advice on what handgun to purchase next, then tell him to buy the xdm because its such a great gun. and then when he finds out that he doesent like it, you can suggest that he let you take it off his hands. bada bing. you got yourself a xdm.

[jasilva]

I doubt you would a "straw purchase" from a bale of hay.
Under the context descried by the poster, it is indeed a straw purchase in the eyes of the ATF. He is asking a peace officer to purchase a firearm for him because he CAN NOT purchase that same firearm. That is a straw purchase.

Nice reach but the straw purchase law is federal and the roster is state of Ca, the feds don't enforce Ca law. The roster DOES NOT say you can't own a specific gun it says you can't BUY IT from a DEALER.

[Rukus]

Nice reach but the straw purchase law is federal and the roster is state of Ca, the feds don't enforce Ca law. The roster DOES NOT say you can't own a specific gun it says you can't BUY IT from a DEALER.

I don't think thats the point being argued here, the point is that the the gun would be purchased by someone FOR someone else. Like it was stated before, if the Correctional Officer happens to purchase an XDM and then doesnt like it or whatever, he can then choose to PPT it to whomever can legally purchase it. However if he buys it with the intent of selling it thats a straw purchase.

[asgalindez]

Stating that you're using your wife's cousin's CO b/f to purchase an XDm because you cannot import it into CA yourself = STRAW PURCHASE!

Purchasing, via PPT, your wife's cousin's CO b/f's XDm he just bought because he decided he didn't like it after all = OKAY!

Knowing to shut your mouth after your question has been answered = PRICELESS!