Any 830.38 officers here? Question!

[JayTee_IsMe]

So I am in the process of getting hired as a Hospital Police Officer, and as I understand they are peace officers under PC 830.38, so my questions are:

-Do they get CCW status as a peace officer or do they still need to apply with their county? (I have CCW in my current county but will be relocating)

-Are they Handgun Roster exempt?

If anyone has any info, that would be great! I might be there as soon as the first of the year, and I just want to know what all I am getting in to. If anyone is or was an HPO, please PM me if you can!

830.38. The officers of a state hospital under the jurisdiction of
the State Department of State Hospitals or the State Department of
Developmental Services appointed pursuant to Section 4313 or 4493 of
the Welfare and Institutions Code, are peace officers whose authority
extends to any place in the state for the purpose of performing
their primary duty or when making an arrest pursuant to Section 836
as to any public offense with respect to which there is immediate
danger to person or property, or of the escape of the perpetrator of
that offense, or pursuant to Section 8597 or 8598 of the Government
Code provided that the primary duty of the peace officers shall be
the enforcement of the law as set forth in Sections 4311, 4313, 4491,
and 4493 of the Welfare and Institutions Code. Those peace officers
may carry firearms only if authorized and under terms and conditions
specified by their employing agency.

[P5Ret]

Learn something new every day, I had been told all the state hospital PD's had been given to cdcr to manage. As far as your question don't know for sure, I think it will depend upon if you are authorized to carry on duty or not. It sure can't hurt to ask who ever you are in the process with, and good luck.

[Sacmedic]

Any 830.38 officers here? Question!

830.37 here, but the issues are the same. Yes, the law allows 830.38 peace officers to carry off duty without a CCW. That may or may not conflict with the State Hospital policy. Whether you are armed on duty is immaterial to the law.

Yes, 830.38 peace officers are roster exempt. Some FFL's are not aware of this.

[JayTee_IsMe]

Thanks for the reply Sacmedic. I didn't know that fire had peace officers. But I guess I will find out for sure when everything is final. I don't want to test it, if it's not on the ID I guess I'll just apply for another county one since I will be relocating.

I read here somewhere that LEOSA doesn't cover 830.38 HPOs

[JayTee_IsMe]

Thanks also P5Ret. I met the hiring LT again the other day and he told me to email if I had any questions. I just figured these are questions he might not want to answer to a new hire/candidate. Hopefully I will be on in Dec though!

[Sacmedic]

Some agencies write it on your ID card, some don't. The law doesn't require it be on the card. By virtue of your designation as a peace officer you are exempt from needing a CCW. As I said before, this may or may not conflict with your agency's policy. If they don't allow it then you could face administrative action while being compliant with the law.

If a HPO is not armed at work they wouldn't qualify for LEOSA. They would be able to carry off duty inside CA, but not nationwide. Many deputy probation officers are stuck in that position. I was under the impression that the state HPO's recently went to being armed at all the state hospitals after some high profile assaults and a murder at the hands of "patients".

[toddytguns]

JayTee I'm a CO with CDCR and I CCW a lot when I'm off duty. I just have to do a qualification with my personal weapon every 3 months. My ID states peace officer. I would think that it would come down to dept policy on if you would be considered armed. For CDCR, most of us CO's are not in an armed position. However, we do qualify on dept weapons once a year, or on a quarterly basis for those CO's that are in an armed position. So I would think that HPO's would have something similar from their dept? But, I would check to make sure before doing anything.

[Country_Jim]

So I am in the process of getting hired as a Hospital Police Officer, and as I understand they are peace officers under PC 830.38, so my questions are:

-Do they get CCW status as a peace officer or do they still need to apply with their county? (I have CCW in my current county but will be relocating)

-Are they Handgun Roster exempt?

If anyone has any info, that would be great! I might be there as soon as the first of the year, and I just want to know what all I am getting in to. If anyone is or was an HPO, please PM me if you can!

I know a lieutenant at Napa State Hospital. State HPOs can carry off duty. I don't know about being roster exempt. I would encourage you to research it in addition to asking on this forum.

Good luck in the process.

Stay safe.

[JayTee_IsMe]

I know a lieutenant at Napa State Hospital. State HPOs can carry off duty. I don't know about being roster exempt. I would encourage you to research it in addition to asking on this forum.

Good luck in the process.

Stay safe.

Thanks for the reply. That is good information. I am wondering if it says "CCW" okay on their ID, or if it is just implied because they are sworn officers.

[Virus55]

JayTee I'm a CO with CDCR and I CCW a lot when I'm off duty. I just have to do a qualification with my personal weapon every 3 months. My ID states peace officer. I would think that it would come down to dept policy on if you would be considered armed. For CDCR, most of us CO's are not in an armed position. However, we do qualify on dept weapons once a year, or on a quarterly basis for those CO's that are in an armed position. So I would think that HPO's would have something similar from their dept? But, I would check to make sure before doing anything.

^^^this

[Country_Jim]

Thanks for the reply. That is good information. I am wondering if it says "CCW" okay on their ID, or if it is just implied because they are sworn officers.

I've never seen their IDs. I know they can CCW off duty like most peace officers. A quick google search confirmed they can carry off duty and according to the link below (post #35) their IDs state they can carry off duty.

http://forums.officer.com/showthread.php?t=142625

Stay safe.

[AR15Man]

So I am in the process of getting hired as a Hospital Police Officer, and as I understand they are peace officers under PC 830.38, so my questions are:

-Do they get CCW status as a peace officer or do they still need to apply with their county? (I have CCW in my current county but will be relocating)

-Are they Handgun Roster exempt?

If anyone has any info, that would be great! I might be there as soon as the first of the year, and I just want to know what all I am getting in to. If anyone is or was an HPO, please PM me if you can!

Why not obtain a LEOSA card after passing probation? Problem solved.

[Johnny Utah]

Any 830.38 officers here? Question!

Some random notes-

- The HPOs lobbied to carry weapons ON DUTY, got the legislation passed, but Brown shot it down because the law language existed to already allow the different institutions to carry a firearm on duty. Where it is now, I don't know but their union (CSLEA) is either working on it or has competed it.

- Yes you can carry off duty without a CCW, but I don't any other info on that to pass along.

- YES, many fire departments in the state have full POST LEOs and a lower Fire Investigator POST level class. Some of these agencies are- Cal-Fire, County of Santa Barbara, Kern County, OCFA (lower level) California City, CDCR Fire (non POST), Sac Metro and the LAFD to name a few.

[ChamberCheck]

Why not obtain a LEOSA card after passing probation? Problem solved.

He wouldn't be covered under LEOSA if he is not authorized to carry while on-duty.

Dave

[BadKitty]

If a HPO is not armed at work they wouldn't qualify for LEOSA. They would be able to carry off duty inside CA, but not nationwide. Many deputy probation officers are stuck in that position.

He wouldn't be covered under LEOSA if he is not authorized to carry while on-duty.

Dave

I guess we need to clarify some of this. Being "authorized to carry" by one's employer and actually carrying a duty weapon at work are two different things. I was confused by LEOSA until I read a FAQ document put out by the California DOJ, Office of the Attorney General. It states:


Reference: http://ag.ca.gov/firearms/forms/pdf/leosiss.pdf