Any 830.38 officers here? Question!

[Sacmedic]

If they aren't armed at work, they probably don't qualify at the range. There are some exceptions, like the CDCR folks you mentioned. So, my statement is incorrect in their case. For the majority of agencies that don't arm their peace officers on duty they don't offer same said peace officers range qualifications. Without the range qualification they wouldn't meet LEOSA requirements but would meet the CA requirements. Again, agency policy might change an individual officer's behavior in these instances as well.

[omgwtfbbq]

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

This is pretty interesting to me as an LEO defined by 830.5 PC that's not a Parole Agent because:

830.37. The following persons 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.
These peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency:

830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:

(Bolded is my emphasis)

The bolded entries for the two code sections are exactly the same, and there is no place in Section 830.5 PC stating that LEOs of my type (Probation Officers) cannot be armed in the course of their employ (about half of Probation Departments in CA arm at least some of their officers). Under the interpretation of the CA AG, linked above, we would qualify for LEOSA even if we are not armed in our position but qualified regularly with our department. Previously we had been told we do not qualify for LEOSA unless we are armed in the course of our duties. Something worth passing on to the higher up to see what they think.

[nate19]

yes you can carry off duty as long as you qualify with that weapon and you can buy off roster weapons.