Question about off duty CCW

[sacmedic01]

Not to muddy the waters too much, but it's not only the 830.1 and 830.2 peace officers that are exempt from needing a CCW under the Penal Code. There has been one case that made it to the CA Court of Appeals (County of Orange) and many AG opinions (for what they are worth) about this topic. If your daughter is a full time sworn LEO then she shouldn't be required by anyone to obtain a CCW.


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[CSACANNONEER]

Not to muddy the waters too much, but it's not only the 830.1 and 830.2 peace officers that are exempt from needing a CCW under the Penal Code. There has been one case that made it to the CA Court of Appeals (County of Orange) and many AG opinions (for what they are worth) about this topic. If your daughter is a full time sworn LEO then she shouldn't be required by anyone to obtain a CCW.


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While legally that may be true, I bet that doing so against department policy could lead to her losing her job.

[sacmedic01]

I don't argue the policy ramifications CSACANNONEER. I'm only referencing the Penal Code. Some agencies, even large ones, in light of the forgoing items I discussed and in keeping with LEOSA have pretty much left the off duty CCW issue alone now other than type of weapon, ammo, etc. The OP's daughter may work for a more restrictive agency and they are definitely making their own policy more restrictive than the law.


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[Tripper]

The above posters have correctly pointed out the law.



If your daughter's PD provides their officers with 830.1 or 830.2 peace officer status, there is no need for a CCW to be issued.



Does she work for a special jurisdiction PD?

Maybe she works for that special AGs department

[jdubs71]

Not sure if this has been said, but as a jailer she may be a reserve and therefore would not have peace officer powers off duty. Then she would have to apply for a CCW through the Chief or Sheriff.

[fal_762x51]

Does she work in Shafter for Geo?

[roushstage2]

Is this the same daughter who works in a community correctional center?

Not sure if this has been said, but as a jailer she may be a reserve and therefore would not have peace officer powers off duty. Then she would have to apply for a CCW through the Chief or Sheriff.

I don't have peace officer authority while off-duty and I don't have to apply for a CCW permit through the city/county. I think there's still missing information...

[sacmedic01]

The issue is whether you are a peace officer full time or part time, not whether you have peace officer authority off duty. The pertinent AG opinions and the state appellate court decision are clear on these facts. Your status as a peace officer is separate from your authority. In essence you are a peace officer at all times (if full time sworn) but may only have authority to perform peace officer duties while on the clock. This is completely separate from the reserve issue which is even more Byzantine. It's convoluted but, hey, what's new in California law.


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[omgwtfbbq]

While legally that may be true, I bet that doing so against department policy could lead to her losing her job.

Negative. CA AG has opined a department administration cannot prevent their officers from carrying off-duty if they are allowed to by status/case law.

The mere act of carrying a firearm off-duty may not cause termination, but the use of the firearm in a manner deemed irresponsible or illegal certainly could.

[LtJim]

My daughter's PD requires that their sworn LEOs apply for a City issued LTC permit and pay for the Live Scan to carry off duty.

Is this normal for other PDs?

My head is going to explode! There is only one agency in the nation that does this-- Mayberry P.D.!! You also have to have 6 months of Post FTO Field Training prior to being issued 1 Bullet !

While I applaud a Father's decision to ask this decision, I would encourage the Father to talk to his daughter, California is not Mayberry!!!

I surely would love for this specific agency to be named publicly here in this forum. I have never heard of such a thing!

(My rant is done, now get back out on the streets!!!)

[1CavScout]

When I was a young Deputy Sheriff our corrections Deputies were required to get CCW's through the same process as civilians. They did not have peace officer powers when off duty, but that was changed a long time ago. I assume maybe this is a similar situation OP?

[epilepticninja]

Sounds to me like she is a Reserve. She would be a sworn LEO, with the ability to buy hi-caps and all that jazz, but she still needs a CCW to carry off duty. No dept. in CA that I know of that makes fulltime sworn peace officers get a CCW.

[HAVOC5150]

Even though I fall under PC 830.1(c) and the county I work for is specifically named I am required to get a CCW. I have gone through POST training, I have attended the STC academy, I have carried a gun in the proformance of my job doing marijuana eradication, but our Sheriff won't consider us peace officers. So maybe she is considered a Custodial Officer like I am.

[responsiblefreedom69]

Even though I fall under PC 830.1(c) and the county I work for is specifically named I am required to get a CCW. I have gone through POST training, I have attended the STC academy, I have carried a gun in the proformance of my job doing marijuana eradication, but our Sheriff won't consider us peace officers. So maybe she is considered a Custodial Officer like I am.

When they agreed to be a part of the new 830.1(c) section for jailers, CA Sheriffs may not have realized that doing so would cause their jailers to fall under the HR218 (LEOSA) law. A dept cannot deny their employees LEOSA if they qualify for it.

I have family members that work at an S/O that has 830.1(c) jailers now. Historically, they have considered them "non-sworn" personnel and they had to get permits for off-duty CCW. When I asked if anyone had raised the issue of jailers now falling under LEOSA, I was told no...nobody has even brought it up.

I think the jailers who are now under 830.1(c) need to go to their unions and address this issue.

[HAVOC5150]

Our Sheriff, his administration and the county are not fans of the custody division, but I will mention it to our association and see what the attorneys say. Unfortunately, the only way to get things done in my county is to get attorneys involved. Sorry to thread Jack.