Departments can not regulate off duty firearm possession

[retired]

Ron, just so you know, I really didn't edit your post. I clicked on the quote button to make my own post and somehow, my post became part of your post. I deleted what I wrote, nothing that you wrote. I guess I'm still getting the hang of the moderation abilities I have.

What I wrote is the following:

I know, I'm just joking of course. The subcompacts just didn't work for me when I wanted a semi for a ccw when I was retired and free from dept. restrictions. I ended up buying a XDSC 9mm 6yrs. ago and it is a great gun!

[RollingCode3]

Sorry to bring old thread back. I have one quick question. Does this case law apply to Correction Officer/Probation Officer? We are peace officer under section PC 830.5.

[Ron-Solo]

Sorry to bring old thread back. I have one quick question. Does this case law apply to Correction Officer/Probation Officer? We are peace officer under section PC 830.5.

I think it depends on how bad you want to be the test case. There was no general consensus when this was originally bashed about last year. In a few months, I'll be retired and can carry whatever I want.

It is now Sunday 8/22/2010 at 3:47:52 PM
Event: Retirement
Scheduled For 3/31/2011 12:01 AM
7 months 8 days 8 hours 13 minutes 8 seconds or
31 weekends or
221 days or
5,288 hours (3,525 waking hours) or
317,293 minutes or
19,037,587 seconds

[MaHoTex]

In a few months, I'll be retired and can carry whatever I want.

It is now Sunday 8/22/2010 at 3:47:52 PM
Event: Retirement
Scheduled For 3/31/2011 12:01 AM
7 months 8 days 8 hours 13 minutes 8 seconds or
31 weekends or
221 days or
5,288 hours (3,525 waking hours) or
317,293 minutes or
19,037,587 seconds

You are not looking forward to it are you?
Congrats on the upcoming retirement. As my dad says, "I am retarded now, I can do whatever the <heck> I want."

[mig79]

Sorry to bring old thread back. I have one quick question. Does this case law apply to Correction Officer/Probation Officer? We are peace officer under section PC 830.5.

Yes, last i heard. Which probation department? CO's can carry off duty, but they do not have 24/7 peace officer powers (same for probation, peace officer powers while on duty only).

ETA: Not sure if probation departments have your back if SHTF.

[RollingCode3]

Yes, last i heard. Which probation department? CO's can carry off duty, but they do not have 24/7 peace officer powers (same for probation, peace officer powers while on duty only).

ETA: Not sure if probation departments have your back if SHTF.

They will not back us up if SHTF for sure. In addition, it doesn't have any policy in writing regarding off duty carry. I just want to make sure we can carry off duty according to "state law" and not breaking any law. The last thing i want is to get arrested from carrying a concealed and loaded firearm. The article from OP doesn't mention anything about county CO's (peace officer under 830.5) Even the penal code section 830.5 doesn't mention anything about county correction officer.

[mig79]

I cant remember what AG opinion it was, if i find it i will post it. But im sure its related to the ones above. LA county has the same "policy", i know that their armed guys cannot carry department guns offduty. Im sure that the liability would be the same as if you were a CCW holder in got into some kind of incident. So it kinda boils down to judged by 12 or carried by 6. Either way YOU pay.

[CSDGuy]

While I do not know YOUR specific position, the LEOSA does contain a "who qualifies" list. If you meet ALL of the qualifications, you're considered a QLEO for LEOSA purposes. Now if you qualify, you'd be able to carry w/o a CCW. Here's the rub though... you'd end up being a test case for the LEOSA and people in your specific line of work. Your agency would probably try to wash their hands of you, and attempt to discipline you for a violation of your work's policies, leaving YOU with TWO fights on your hands. One is the criminal charge of CCW w/o License or appropriate endorsement on your ID, and the OTHER would be in regard to what may be unlawful discipline on the part of your employing agency...because the LEOSA is supposed to override any law or agency policy that has the effect of law...

This quandry happens with agencies that employ armed non-sworn Public Officers that function under 836.5... The LEOSA doesn't just apply to sworn LE or Corrections Officers.

[SVT-40]

More simply, the decision said the officers in question CAN CCW. However as a condition of employment one must comply with departmental rules about WHAT you may CCW.

This is while you are employed.

Upon retirement you are no longer "employed" so that condition is removed. Under the LEOSA you may CCW any legal firearm as long as you comply with the annual qualification requirement.

I think it depends on how bad you want to be the test case. There was no general consensus when this was originally bashed about last year. In a few months, I'll be retired and can carry whatever I want.

It is now Sunday 8/22/2010 at 3:47:52 PM
Event: Retirement
Scheduled For 3/31/2011 12:01 AM
7 months 8 days 8 hours 13 minutes 8 seconds or
31 weekends or
221 days or
5,288 hours (3,525 waking hours) or
317,293 minutes or
19,037,587 seconds

I smell a good party!! let me know I'll be there.!!!!

[mig79]

Sorry to bring old thread back. I have one quick question. Does this case law apply to Correction Officer/Probation Officer? We are peace officer under section PC 830.5.

The AG opinion is 89-505, found this post on CG that gives some info regarding why this AG opinion was needed.

http://www.calguns.net/calgunforum/showpost.php?p=1080380&postcount=35

[CaptMike]

Thanks Mig for bringing up my old reply. Rollin, as was stated in my old reply, Deputy Probation Officers may be limited peace officers, but the state Attorney General has given the legal opinion that we have the status of a peace officer 24 hours of day. We may only have the authority on duty, but we have the status all day. And due to that status of peace officer, we may carry off duty without our chiefs permission. I know of three DPO's in my department that were detained and cited to court for CCW because the officer they ran into did not know the case law. When all three made it to court, the cases were thrown out and the judge ordered their firearms returned. the arresting officers where then chastised by the judges for arresting a fellow peace officer for CCW. the only important part for us is that even though the state authorizes us to CCW, if your chief prohibits it, then all liability rests on you if you get into a shooting. Like I tell my fellow officers, only carry if you feel you can be responsible for your actions. good luck