Question for california LEOs

[GOLDEN GUN]

So today I saw a out of uniform off duty deputy with a handgun at his waist that was partially covered by his hooded sweater and partially visible from half of the barrel down to the muzzle.

I know he was Leo based on the fact he was subpoenaed to court but other than that HE HAD NO IDENTIFICATION OF LAW ENFORCEMENT VISIBLE ON HIM AT ALL.

My question is:

Is it lawful for a ununiformed off duty officer with no badge or identification visible to be open carrying in public or even showing their firearm while concealed carrying?

Other people on the forum found laws stating law enforcement is exempt from open carry restrictions and that is nessessary for them to carry while on duty but why about off duty and ununiformed?

My logic is that it causes panic since people just see a "man with a gun" and can't distinguish he is Leo... It's dangerous for responding officers as they won't know the man is Leo until the man identified himself but outs everyone in a situation where one wrong move can get someone killed.

I know he's allowed to carry concealed but can he get in trouble like citizens do if his forearm is visible?

Are cops allowed to open carry while off duty and ununiformed without restrictions?


Is it a policy by policy thing or generally unrestricted?

[Quiet]

Under CA laws [PC 25900], LEOs (including retired LEOs) are exempt from open carry laws.

However, the when and how, can also be determined by departmental policy.



Penal Code 25900
As provided in this article, Section 25850 does not apply to any of the following:
(a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(b) Any other duly appointed peace officer.
(c) Any honorably retired peace officer listed in subdivision (c) of Section 830.5.
(d) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm.
(e) Any full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer.

[solanoshooter]

It's not very smart to let your muzzle show, but I would suspect that he had his badge on his belt and it was covered by his sweatshirt.

At the very least, he's not getting in the courthouse armed without showing ID.


EDIT:

And around here you wear a uniform or suit to court. Unless you're a narc in which case it's acceptable to just look the part. In most courtrooms anyway. But if he's a narc, he's a lazy one for letting his gun show.

[9mmepiphany]

So today I saw a out of uniform off duty deputy

I know he was Leo based on the fact he was subpoenaed to court

Is it lawful for a ununiformed off duty officer with no badge or identification visible to be open carrying in public or even showing their firearm while concealed carrying?

Just for clarification:

If he is in Court or been subpoenaed to Court, he is On-Duty

[1CavScout]

Like was already stated, if he was at court he is on duty. I would also bet he had some type of ID either on his belt or around his neck. I have seen plenty of guys working Narcotics show up in court is street clothes looking like they do every other day they are at work.

[003]

A questions for the OP. How do you know he was a"deputy" and not a police officer or CHP?

[micro911]

I always wear my badge with the pistol if there is a chance that the pistol may be exposed.

[Virus55]

If my gun is in a holster outside my pants ive gotmy badge on my belt.

[71MUSTY]

I feel quite the opposite. The more often people see someone "Normal" with a gun the less likely they are to "freak out" when they see a man with a gun.

[CBR_rider]

If he was subpoenaed to court for work related reasons, he was "on duty."

[P5Ret]

So a sweatshirt that was used to conceal his weapon rode up and exposed part of the barrel and this is somehow open carry? Am I missing something? It happens no big deal move on. As most have already noted he probably had his badge either on his belt of around his neck.

[mixicus]

Lawful per PC25900. Possibly against policy but unknown since I don't know what agency he is with or their policy.

As stated above, if he was subpoenaed to court for a work related issue, he was on duty. Remember: soft/plain clothes could be his standard dress of the day for his job. This would be true for narc/vice investigators but others such as detectives working a surveillance prior to going to court or an officer coming in from a training.

[Country_Jim]

So today I saw a out of uniform off duty deputy with a handgun at his waist that was partially covered by his hooded sweater and partially visible from half of the barrel down to the muzzle.

I know he was Leo based on the fact he was subpoenaed to court but other than that HE HAD NO IDENTIFICATION OF LAW ENFORCEMENT VISIBLE ON HIM AT ALL.

My question is:

Is it lawful for a ununiformed off duty officer with no badge or identification visible to be open carrying in public or even showing their firearm while concealed carrying?

Other people on the forum found laws stating law enforcement is exempt from open carry restrictions and that is nessessary for them to carry while on duty but why about off duty and ununiformed?

My logic is that it causes panic since people just see a "man with a gun" and can't distinguish he is Leo... It's dangerous for responding officers as they won't know the man is Leo until the man identified himself but outs everyone in a situation where one wrong move can get someone killed.

I know he's allowed to carry concealed but can he get in trouble like citizens do if his forearm is visible?

Are cops allowed to open carry while off duty and ununiformed without restrictions?


Is it a policy by policy thing or generally unrestricted?

My vote for dumbest post of the year.

[oldmotor]

My vote for dumbest post of the year.

Glad I wasn't the only one thinking that!

[IrishJoe3]

Mere sight of a gun invokes panic? An interesting argument, considering A) it doesn't and B) how much ridicule Libs get when they make that claim.

Bottom line, you saw someone who had a gun....why do you care?