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was disarmed last night. im a peace officer

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  • SVT-40
    I need a LIFE!!
    • Jan 2008
    • 12907

    Originally posted by megolfer
    Actually a c/o can carry in all states unlike a ccw. It is not a ccw and just like every other peace officer, you are required to qualify every 3 months. There is so much BS info in here is crazy.
    Sorry but "real" police officers and deputy sheriff's who have their authority under 830.1 PC (Penal code)don't have to qualify every three months....(I don't mean to demean any 830.5PC officers... I used the trem "real" so as to separate the two, not make fun of)

    The OP gets his "peace officer" authority from 830.5 of the penal code....A much different "animal" than a 830.1 PC peace officer, who is a peace officer 24-7.....

    The requirement would be up to each agency....

    830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any marshal or deputy marshal of a superior court or county, any port warden or port police officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:

    (1) As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.

    (2) Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her to give consent, if the place is within a county.

    (3) As to any public offense committed or which there is probable cause to believe has been committed in the peace officer's presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.

    (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.

    (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, Trinity, Tulare, Tuolumne, and Yuba 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 SVT-40; 07-07-2013, 12:57 PM.
    Poke'm with a stick!


    Originally posted by fiddletown
    What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

    Comment

    • SVT-40
      I need a LIFE!!
      • Jan 2008
      • 12907

      Originally posted by Richard-Long
      well we should find out monday what they say.

      lorax, when is discrimination not illegal?

      sadly you are most likely correct. it will probably go nowhere.

      however lets not forget san diego where this same lawsuit was won
      Heck back in the 70's I remember going into a restaurant in a not so nice part of LA county while coming back from court with another officer...

      We were in suits, and driving a "unmarked" but obvious police vehicle....

      Upon entering the establishment the owner, who was working the counter looked at us and unceremoniously said "We don't serve pigs here"....

      So we turned around and left... Actually we realized that we were glad the guy kicked us out, as who could wonder what would have been placed in out food..

      Later contact with the cops in that area told us about the owner, who was a known ex felon.....
      Poke'm with a stick!


      Originally posted by fiddletown
      What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

      Comment

      • Like gandhi but better
        Banned
        • Jun 2013
        • 354

        Originally posted by lorax3
        Also ???

        You cannot carry firearms into the Del Mar Fair. (San Diego Fair)

        Comment

        • Like gandhi but better
          Banned
          • Jun 2013
          • 354

          Originally posted by SVT-40
          Sorry but "real" police officers and deputy sheriff's who have their authority under 830.1 PC (Penal code)don't have to qualify every three months....(I don't mean to demean any 830.5PC officers... I used the trem "real" so as to separate the two, not make fun of)

          The OP gets his "peace officer" authority from 830.5 of the penal code....A much different "animal" than a 830.1 .
          if you look at the pic of my ID i posted earlier, it states as defined in 830.2 and 830.5

          Comment

          • lorax3
            Super Moderator
            CGN Contributor - Lifetime
            • Jan 2009
            • 4633

            Originally posted by Richard-Long
            San Diego County Fair: Off-duty, qualified law enforcement officers or qualified retired law enforcement officers are allowed to carry concealed weapons into the fair.
            There is a difference between being allowed to carry someplace, and having a right to carry someplace. The San Diego fair allows LEO to carry. They have the right not to.

            Your link does not appear to be working, but I did not see the mention of any lawsuit. (I assume you just copied it from the officers.com forum post and did not actually look at it) They [The Fair, Amtrack] just decided to have some policy, which can be changed anytime the owner is having a bad hair day.
            Last edited by lorax3; 07-07-2013, 1:45 PM.
            You think you know, but you have no idea.

            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

            Comment

            • Like gandhi but better
              Banned
              • Jun 2013
              • 354

              lorax. this is from del mar fairs website



              For the safety of our guests and employees, guns may not be brought onto the Fairgrounds. However, off-duty, qualified law enforcement officers (as defined in 18 U.S.C. section 926B) or qualified, retired law enforcement officers (as defined in 18 U.S.C. section 926C) will be allowed to carry concealed weapons into the Fair.

              These individuals must identify themselves to Security at the Fair’s entrances with the proper credentials required by law. The credentials required of qualified off-duty or retired law enforcement officers by 18 U.S.C. sections 926B and 926C will be verified by a San Diego County Sheriff’s deputy. In addition, qualified off-duty and retired law enforcement officers will be required to sign a document attesting to their compliance with all pertinent state and federal laws and the policies and procedures of their individual employers; and, that they are not at the time of entry, nor will be while on the Fairgrounds, under the influence of alcohol or any intoxicating or hallucinatory drug.

              Comment

              • CBruce
                Senior Member
                • Mar 2012
                • 1993

                Originally posted by DannyInSoCal
                Great.

                More areas where large groups of unarmed defenseless victims become easy targets for criminals.

                Thank a delusional naive liberal.....
                At least they have armed (presumably) security at a checkpoint. Unlike other victimization zones that consider a sign with bold letters declaring "NO GUNS ALLOWED" to be good enough.

                Comment

                • lorax3
                  Super Moderator
                  CGN Contributor - Lifetime
                  • Jan 2009
                  • 4633

                  Originally posted by Richard-Long
                  lorax. this is from del mar fairs website
                  You did not read my last post. I will quote it for you again.

                  Originally posted by lorax3
                  There is a difference between being allowed to carry someplace, and having a right to carry someplace. The San Diego fair allows LEO to carry. They have the right not to.
                  I am not arguing LEO cannot carry into the San Diego Fair, or any fair for that matter. If you read the policy you posted, you notice they use "allow" language.

                  All going back to the OP. Some places allow you to carry. Some do not. Police Officers do not have the right to carry off duty, they only have the right to be authorized to carry off duty. (It's really not a right, but for arguments sake it makes no difference here)
                  You think you know, but you have no idea.

                  The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                  Comment

                  • Like gandhi but better
                    Banned
                    • Jun 2013
                    • 354

                    Originally posted by lorax3
                    Also ???

                    You cannot carry firearms into the Del Mar Fair. (San Diego Fair)
                    i was posting links for your statement here.

                    they lost the lawsuit so of course now they "allow" it.

                    since fairs are state run, public property, as a peace officer i should not be denied the right. but i was

                    Comment

                    • lorax3
                      Super Moderator
                      CGN Contributor - Lifetime
                      • Jan 2009
                      • 4633

                      Originally posted by Richard-Long
                      i was posting links for your statement here.

                      they lost the lawsuit so of course now they "allow" it.

                      since fairs are state run, public property, as a peace officer i should not be denied the right. but i was
                      I am still waiting for actual information on this 'lawsuit' you seem so adamant about. You have yet to provide a link about it.
                      You think you know, but you have no idea.

                      The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                      Comment

                      • Like gandhi but better
                        Banned
                        • Jun 2013
                        • 354

                        Originally posted by lorax3
                        I am still waiting for actual information on this 'lawsuit' you seem so adamant about. You have yet to provide a link about it.


                        then june 6 2007. guns were ruled ok'd at the fair for off duty law enforcement

                        Comment

                        • Like gandhi but better
                          Banned
                          • Jun 2013
                          • 354

                          U.S. District Court Chief Judge Irma E. Gonzalez has ruled in favor of the officers twice already. She granted an injunction June 27 preventing the 22nd District Agricultural Association, which operates the fairgrounds, from enforcing the weapons ban. And Aug. 30 she denied the fairgrounds' request to dismiss the suit.

                          Armed off-duty officers were first barred from the fair in 2003 because of the fairgrounds' concern that armed individuals in civilian dress were a threat to public safety.

                          The officers contend that federal law clearly gives them the right to carry their weapons at the fairgrounds and other public venues when off duty.

                          Comment

                          • lorax3
                            Super Moderator
                            CGN Contributor - Lifetime
                            • Jan 2009
                            • 4633

                            Originally posted by Richard-Long
                            then june 6 2007. guns were ruled ok'd at the fair for off duty law enforcement
                            They were not "ruled okay". During a pending motion hearing the judge temporarily (injunction) lifted the ban. It's a common form of temporality relief while the court considers Plaintiffs case.

                            The court never issued a ruling stating that police officers should/could carry firearms.

                            The case eventually settled between the two parties. The court did not issue an order stating that the San Diego fair must allow firearms, there was only a mutual agreement between the two parties. The Plaintiffs did not "win" the lawsuit, there is no case law, just a private settlement.


                            Originally posted by Richard-Long
                            U.S. District Court Chief Judge Irma E. Gonzalez has ruled in favor of the officers twice already.
                            Again, this is not on the final merits of the case. This is referring to the court not kicking out the complaint on a motion to dismiss (siding with the officers once) and granting an temporary injunction (siding with them twice). It has nothing to do with wether or not the officers have the right to carry.

                            Plaintiffs only made the case they had the right to carry. The court never agreed with that sentiment.
                            You think you know, but you have no idea.

                            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                            Comment

                            • SWalt
                              Calguns Addict
                              • Jan 2012
                              • 8702

                              Simply another case of........

                              THE LUNACIES OF ZERO TOLERANCE.....

                              Should be a TV or game show
                              ^^^The above is just an opinion.

                              NRA Patron Member
                              CRPA 5 yr Member

                              "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson

                              Comment

                              • SVT-40
                                I need a LIFE!!
                                • Jan 2008
                                • 12907

                                Originally posted by Richard-Long
                                if you look at the pic of my ID i posted earlier, it states as defined in 830.2 and 830.5
                                Right... However you said you were a "gunner".. Meaning you work custody, not investigations, so your PRIMARY DUTIES do not fall within the guide lines this section.....

                                Originally posted by Richard-Long
                                Im a gunner in the prison and so i must also qualify every 3 months while on duty with on duty weapons. that takes place at the range on prison grounds.

                                The authority granted under 830.2 only applies to CO's who actually preform the duties listed in 830.2 PC

                                So although your ID Card states 830.2 PC Since you don't actually preform those duties, and because they are not your primary duty it does not apply to you.....

                                830.2. The following persons are peace officers whose authority extends to any place in the state:

                                (d) (1) Any member of the Office of Correctional Safety of the Department of Corrections and Rehabilitation, PROVIDED that the PRIMARY DUTIES of the peace officer shall be the investigation or apprehension of inmates, wards, parolees, parole violators, or escapees from state institutions, the transportation of those persons, the investigation of any violation of criminal law discovered while performing the usual and authorized duties of employment, and the coordination of those activities with other criminal justice agencies.
                                Last edited by SVT-40; 07-07-2013, 2:43 PM.
                                Poke'm with a stick!


                                Originally posted by fiddletown
                                What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

                                Comment

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