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  • jemswirl
    Member
    • Jun 2015
    • 359

    retired leo/ccw

    Are there different rules between a LEO Dept. Retired carry id vs a civilian ccw?
    example where you can carry? restrictions places to carry ect.?
  • #2
    mossy
    Banned
    • Dec 2007
    • 7384

    LEOSA is good in all 50 states plus US territories. a CCW license requires Reciprocity. there are other differences but I cant think of them off the top of my head.
    should SB-2 be signed into law, carry under a CCW license will become extremely restricted and complicated, SB-2 has exemptions to the restriction for active/retired LEO carrying per LEOSA.
    Last edited by mossy; 09-13-2023, 7:35 PM.

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    • #3
      Rustlin’ Jack
      Member
      • Feb 2020
      • 172

      Originally posted by jemswirl
      Are there different rules between a LEO Dept. Retired carry id vs a civilian ccw?
      example where you can carry? restrictions places to carry ect.?
      In a nutshell, yes, there a number of exemptions written into various penal code sections that allow retired peace officers to carry where a regular CCW licensee cannot.

      There are still many locations that are off limits, including Amtrak, post offices, airports, and any business that displays a sign that states no firearms are allowed on their property.

      The exemptions in the Penal Code are not listed in one place. If you have a specific interest for a particular location, it would be easier to be more precise in answering your question.

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      • #4
        jemswirl
        Member
        • Jun 2015
        • 359

        Specifically under the new law SB-2, with all the restrictions that they added on for carrying purposes. Does our (peace officer) exemption still apply? Pretty much only place a ccw can carry is their backyard under new restrictions

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        • #5
          mossy
          Banned
          • Dec 2007
          • 7384

          Originally posted by jemswirl
          Specifically under the new law SB-2, with all the restrictions that they added on for carrying purposes. Does our (peace officer) exemption still apply? Pretty much only place a ccw can carry is their backyard under new restrictions
          Yes. SB-2 has exemptions for active/ retired LEO. if you search the text of the bill for "law enforcement officer safety act" you can find them all. Seems they wrote that bill in a way that doesn't impact those carrying under LEOSA.

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          • #6
            DORINS9956
            Member
            • Feb 2014
            • 351

            I just found out that there is a difference in the definition of "retired law enforcement officer" in California from that found in LEOSA (Title 18 U.S.C. 926C).

            California calls its law enforcement officers "peace officers" and grants them exemptions from CA P.C. statutes that otherwise restrict concealed carry for other non-California officers. Be careful of the wording in the CA P.C. If you want an example, look at CA P.C. 626.9.

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            • #7
              jemswirl
              Member
              • Jun 2015
              • 359

              It's all clear as mud!!!! There seems to be something buried in penal codes to contradict other penal codes.

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              • #8
                RickD427
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Jan 2007
                • 9264

                Originally posted by jemswirl
                It's all clear as mud!!!! There seems to be something buried in penal codes to contradict other penal codes.
                Excellent observation. There are many instances where California statutes do not harmonize very well with each other, and where the statutes do not harmonize with their stated objectives. Blame the legislative process, it's not designed to ensure a quality product.

                It's even worse between the federal law and California law.
                If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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                • #9
                  caliprep
                  Member
                  • Nov 2014
                  • 126

                  LEOSA applies to all active or retired local/federal/military law enforcement personnel.

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                  • #10
                    chsk9
                    Senior Member
                    • Dec 2006
                    • 1355

                    Originally posted by caliprep
                    LEOSA applies to all active or retired local/federal/military law enforcement personnel.
                    That is not entirely accurate.

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                    • #11
                      TrailerparkTrash
                      Veteran Member
                      • Oct 2005
                      • 4249

                      Originally posted by chsk9
                      That is not entirely accurate.

                      https://le.nra.org/understanding-leosa/leosa/
                      Yeah in a nut shell, caliprep is basically correct. Of course there’s always “fine print” to be found with literally everything, but for purposes of this thread, he’s correct “enough.”
                      sigpic

                      It`s funny to me to see how angry an atheist is over a God they don`t believe in.` -Jack Hibbs

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                      • #12
                        GizmoSD
                        Member
                        • Mar 2017
                        • 281

                        There’s a decent component of local/federal/military law enforcement personnel that either aren?t armed in the course of their duties, don?t have powers of arrest, etc. They would not be covered.

                        So ?correct-ish? might be safer.
                        Last edited by GizmoSD; 09-22-2023, 10:59 PM.

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                        • #13
                          TrailerparkTrash
                          Veteran Member
                          • Oct 2005
                          • 4249

                          Originally posted by GizmoSD
                          There?s a decent component of local/federal/military law enforcement personnel that either aren?t armed in the course of their duties, don?t have powers of arrest, etc. They would not be covered.
                          .
                          Well then those aren’t really full time LE for the purposes of meeting LEOSA requirements. The OP asked about the difference between retired LE carrying and a non-LEO with a ccw. If one isn’t armed during the course of their duties, nor has powers of arrest, then they wouldn’t have anything special other than any regular ccw like everyone else gets and IF… they applied and were approved for one.

                          Since the OP specifically asked about retired LE carrying vs a (regular non-LE) ccw holder, it’s presumed that LEOSA comes into play with the original question. Yes, with a LEOSA privilege to carry, it’s valid in all 50 states. A regular (non-LE) ccw holder’s permit is NOT valid in all 50 states. On a side note, in California a retired LE does NOT have to acquire a FSC every 5 years in order to purchase a firearm.
                          Last edited by TrailerparkTrash; 09-27-2023, 8:28 AM.
                          sigpic

                          It`s funny to me to see how angry an atheist is over a God they don`t believe in.` -Jack Hibbs

                          -ΙΧΘΥΣ <><

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                          • #14
                            chsk9
                            Senior Member
                            • Dec 2006
                            • 1355

                            Originally posted by TrailerparkTrash
                            Yeah in a nut shell, caliprep is basically correct. Of course there?s always ?fine print? to be found with literally everything, but for purposes of this thread, he?s correct ?enough.?
                            IMO Caliprep is not correct "enough". You are either qualified or not, and "...law enforcement personnel" are are not all covered. LEOSA is very specific as to who is covered, and intentionally vague in other areas. Hopefully it is appropriately revised soon.

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                            • #15
                              caliprep
                              Member
                              • Nov 2014
                              • 126

                              Originally posted by chsk9
                              IMO Caliprep is not correct "enough". You are either qualified or not, and "...law enforcement personnel" are are not all covered. LEOSA is very specific as to who is covered, and intentionally vague in other areas. Hopefully it is appropriately revised soon.
                              Yes, the only reason I generalized LE personnel was because I was including enlisted military police on that list, as they're covered under LEOSA through section 807(b). The enlisted guys aren't sworn, but they are included.

                              Majority of custody staff, detention officers, who are considered "LE personnel," aren't covered under LEOSA.

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