CDCR Employees and CCW

[tschlappi2010@gmail.com]

I am just curious if a California Department of Corrections correctional officer is allowed to carry a concealed handgun when off duty or not at work. And are they able to get guns that are not on the California approved drop list?

[C_greezy707]

Cdcr officers are able to carry concealed of duty as long as they qualify quarterly. We can't get anything from the off roster list, but we are able to get LEO, and blue label. Hope that helps

[sacmedic01]

Question 1-Yes, they can, subject to their agency's qualifications policy.

Question 2- Based on the CA DOJ's recent instructions to FFL's, I suspect most will not sell off-roster guns to a CDCR peace officer. Some may, some may not.


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[CreamyFettucini]

CDCR is specifically exempted in 32000 pc, cdcr employees classified as peace officers can buy off roster.


32000. (a) A person in this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, offers
or exposes for sale, gives, or lends an unsafe handgun shall be
punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
...
(4) The sale or purchase of a handgun, if the handgun is sold to,
or purchased by, the Department of Justice, a police department, a
sheriff's official, a marshal's office, the Department of Corrections
and Rehabilitation, the California Highway Patrol, any district
attorney's office, any federal law enforcement agency, or the
military or naval forces of this state or of the United States for
use in the discharge of their official duties. This section does not
prohibit the sale to, or purchase by, sworn members of these agencies
of a handgun.

[sacmedic01]

CreamyFettucini,

Thanks for the correction. My mistake. It's one of the few exemptions extended to peace officers not contained in PC 830.1 or 830.2. I stand corrected.


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[tschlappi2010@gmail.com]

Thanks for the info guys!

[code_blue]

CreamyFettucini,

Thanks for the correction. My mistake. It's one of the few exemptions extended to peace officers not contained in PC 830.1 or 830.2. I stand corrected.


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Off-Roster pistol purchases has nothing to do with PC 830 classification. It has to do specifically with PC 32000. Many state level 830.2 cannot purchase off-roster while at the same time specific 830.6 may purchase.

AB-2165 was recently introduced to amend PC 32000 to include "and any other Peace Officer as defined in PC 830" to remedy this ongoing issue. The last update on 2/29/16, showed "Referred to Com. on PUB. S."

To the initial question, CDC allows it's officers to qualify with any POST Certified Firearms Instructor. My range has specific off-duty carry cards for CDC officers as well as LEOSA cards for anyone else assuming they meet the criteria.

To Blue Label, it has nothing to do with peace officer status or the roster; it is a DOD/public servant/employee/GSSF member pricing schedule for all Glock models. You'd be surprised who qualifies. Check the Glock Blue Label website for more details.

[nrek619]

I am just curious if a California Department of Corrections correctional officer is allowed to carry a concealed handgun when off duty or not at work. And are they able to get guns that are not on the California approved drop list?

CDCR officer 18 yrs veteran here..... we can carry any on or off roster handgun with hi cap mags. a quarterly qualification at the prison firing range or any qualified range instructor at any gun range in CA can sign your off duty carrying card. you must always card your badge/ID card at all times when carrying. I am not sure what calibers are OKed by the state to carry but most of my partners carry 9mm,40S&W,45cal and .38 special. I carry a off roster Taurus PT111 G2 currently and my last 2 where off roster so all where purchased locally in SD with no issues. Turners will not sell a off roster handgun unless used for some reason. some gun stores won't order a off roster some will.

[CreamyFettucini]

CDCR officer 18 yrs veteran here..... we can carry any on or off roster handgun with hi cap mags. a quarterly qualification at the prison firing range or any qualified range instructor at any gun range in CA can sign your off duty carrying card. you must always card your badge/ID card at all times when carrying. I am not sure what calibers are OKed by the state to carry but most of my partners carry 9mm,40S&W,45cal and .38 special. I carry a off roster Taurus PT111 G2 currently and my last 2 where off roster so all where purchased locally in SD with no issues. Turners will not sell a off roster handgun unless used for some reason. some gun stores won't order a off roster some will.

DOM says you can carry any handgun caliber.22 to .45

[nrek619]

+1......

[Virus55]

ive been with cdcr as a officer for almost 2 years. ive bought around 8 off roster guns from 4 different shops in my general area. all my guns have hi cap mags and i carry off duty without a ccw permit because im defined in the california state penal code as a full time peace officer.

[Virus55]

CDCR officer 18 yrs veteran here..... we can carry any on or off roster handgun with hi cap mags. a quarterly qualification at the prison firing range or any qualified range instructor at any gun range in CA can sign your off duty carrying card. you must always card your badge/ID card at all times when carrying. I am not sure what calibers are OKed by the state to carry but most of my partners carry 9mm,40S&W,45cal and .38 special. I carry a off roster Taurus PT111 G2 currently and my last 2 where off roster so all where purchased locally in SD with no issues. Turners will not sell a off roster handgun unless used for some reason. some gun stores won't order a off roster some will.

i have yet to encounter a shop that wont sell me a off roster gun. a memo just went out to all gun shops with a updated list of depts that can purchase off roster guns and cdcr is on that list.

[toddytguns]

FYI, Virus55, cdcr are not full time peace officers. Also, we need to qualify quarterly with off duty weapon as per PC sec 830.5(d) or your CCW privileges can be revoked by the dept. And, I don't know of any full time officer from any dept that doesn't have to qualify with his/hers off duty weapon.

[cuchillo negro]

ive been with cdcr as a officer for almost 2 years. ive bought around 8 off roster guns from 4 different shops in my general area. all my guns have hi cap mags and i carry off duty without a ccw permit because im defined in the california state penal code as a full time peace officer.

Many years ago CDC officers were not allowed to carry a firearm off duty because they don't have 24 hour peace officer status. Then they made a change to penal code 830.5 which states you can carry a firearm off duty as long as you qualify regularly.

So Correctional Officers, Parole Agents and Probation Officers do not have 24 hour peace officer status and probably never will because CDCR staff and probation officers do not attend a POST certified academy and probably never will. The only individuals in CDCR that have 24 hour peace officer status are Special Agents in OCS and OIA.

[CaptMike]

The choice of words is a little bit off, based on current case law. This is all lawyer speak, but we need to clarify so folks understand the difference.

CO's, PA's and Probation officers only have the the AUTHORITY of a peace officer while they are on duty. This is the only time they should be using their leo powers. This is the only time you can wear your cape and tights.

They have the STATUS of a peace officer 24 hours a day. We cannot go out and arrest folks without certain conditions existing. We are expected to hold our professional behavior at all times and we can be activated to peace officer authority with an order from the department or a request for help from an on duty peace officer. Just because we are off duty does not mean we can go out and smoke weed. If there are officers doing that, they will be held accountable by the department.

This AUTHORITY versus STATUS difference was defined in California attorney generals opinion 89-505. Subsequently, this opinion was cited in various state court cases which cemented the definitions as case law. this opinion is what was used by the courts to state that deputy probation officers may carry off duty without the approval of the Chief.

Additionally, every CDCR officer and probation deputy is technically POST certified. We have all completed the states minimum requirements for peace officers as established by POST. we all completed the 40 hour or 56 hour POST certified 832 PC course. We are not at the level of a POST BASIC certificate which requires well over 600 hours of POST certified training.

In essence, we are POST certified, but to very different levels.