New PC regarding badges on t-shirts?

[Ironchef]

I learned last night at a training/meeting that there's a new PC item regarding non-sworn volunteers and not being able to wear any silk-screened, embroidered or otherwise affixed badges on shirts in public if you're not a sworn LEO (or other such volunteer operating in official capacity under direction of a LEA). I was told "a legislator" decided it would be unlawful for someone not carrying a gun to have any type of badge on a shirt.

I know this is hardly 2A relevant, but it is about law and about LE...sooooo..if any cops/aspiring cops, pc junkies, attorneys, regular CGers, know, I'd like to know the section. I've been searching at findlaw for the last half hour or so and didn't find it.

Thanks!

[Bobula]

I was told "a legislator" decided it would be unlawful for someone not carrying a gun to have any type of badge on a shirt.

Thanks!

Wonder if they'll make that apply to security.

[scootergmc]

AB 1448 (2007) amended 538d PC (effective 1/1/08).

[Liberty1]

AB 1448 (2007) amended 538d PC (effective 1/1/08).

538d. (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).

[LOW2000]

So does that ban this t-shirt?

Front reads: "US Border Observation Agent"

http://www.shopmetrospy.com/cgi-bin/sc-v4/proddisp.pl?client=shopmetro&catid=1&PRID=98

[Matt C]

What about all the LE that are not peace officers by CA law? Like Military police, Homeland Security ect? This sounds like a really stupid law.

[MudCamper]

How about this:



Shameless plug: http://www.cafepress.com/citizenshirt

[Shotgun Man]

So does that ban this t-shirt?

Front reads: "US Border Observation Agent"

http://www.shopmetrospy.com/cgi-bin/sc-v4/proddisp.pl?client=shopmetro&catid=1&PRID=98

That would be illegal if worn "with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer." PC 535d (assuming the truth of the prior posts).

[halifax]

The local convenience mart has numerous ball caps on display with logos such as "FBI" and "ATF". I guess they are committing a misdemeanor for selling them.

[berto]

I feel safer already. And the children will sleep soundly tonight.

[WokMaster1]

Next they will ban the Glock & HK T-shirts becuase you are not a Glock & HK representative. Those of you wearing " T-shirts", you WILL be arrested & charged if cannot proof the person you're referring to is actually stupid.

[Ironchef]

Interesting, the "label" language which is obviously more than just a "badge" as I had understood it. I guess the next question is at what point is a reasonable person going to assume someone wearing a tshirt or ball cap with insignia/badge/label, etc is a peace officer?

I wore my CCCSO OES shirt to the range Saturday and some guy asked me if I was a sheriff...guess he reasonably thought I was a peace officer...though he didn't read the wording under the badge insignia on the t-shirt that says "office of emergency services" etc. I told him I was a volunteer on the radio team.

Our group has khaki bdu's with sheriff's patches and our ARC team badge, and in times past, we used blue polos with official sheriff badges embroidered which are considered uniforms still (the t-shirts are not). And since the polos just got banned (Rupf is strict about uniforms), we can only wear the hot bdus..but en route to events/call-ups, we must keep emblems covered...i see now that it's probably because of the law since they're official uniforms...the t-shirts were the gray area so I guess I'll find out now.

Thanks for finding that section..i knew I tapped the best font of pc gurus in the state! Someone must have a lexis account!

[Army]

Isn't it already illegal to impersonate a LEO/Peace Officer? What exactly will a redundant law actually accomplish....other than make the ignorant legislator "feeeel good"?

[Shane916]

Isn't it already illegal to impersonate a LEO/Peace Officer? What exactly will a redundant law actually accomplish....other than make the ignorant legislator "feeeel good"?

Possibly. It does allow LE to press additional charges against those who violate the law, which I feel is beneficial.

[SteveH]

The elements of the crime include very specific intent by the suspect. You can still wear your BATF, LAPD, FDNY shirts. You just cant do it with the intent to decieve people into believing you are a police officer.