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  • RZ Operations
    Member
    • Sep 2014
    • 175

    Peace Officer Exemption

    I am probably overthinking this but a "reserve" deputy for Sac Sheriff is not an active CA peace officer so he is not exempted from the roster?
    01 FFL
  • #2
    DEPUTYBILL
    Senior Member
    • Mar 2007
    • 873

    I think it depends on what penal code they fall under. If they have powers of arrest, are armed and uniformed I think they are exempt.
    I think if they are level one reserves, they are exempt.

    Comment

    • #3
      ripro75
      Vendor/Retailer
      • Apr 2009
      • 1676

      A Reserve Deputy is a Peace Officer and therefore exempt from the Roster.

      Comment

      • #4
        RickD427
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2007
        • 9270

        Originally posted by RZ Operations
        I am probably overthinking this but a "reserve" deputy for Sac Sheriff is not an active CA peace officer so he is not exempted from the roster?
        Why do you say that "a "reserve" deputy for Sac Sheriff is not an active CA peace officer"?

        I'm not familiar with Sacramento's reserve program, but the comment is incorrect with regard to every other reserve program that I'm familiar with.
        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.

        Comment

        • #5
          RZ Operations
          Member
          • Sep 2014
          • 175

          Originally posted by RickD427
          Why do you say that "a "reserve" deputy for Sac Sheriff is not an active CA peace officer"?

          I'm not familiar with Sacramento's reserve program, but the comment is incorrect with regard to every other reserve program that I'm familiar with.
          My thought process could be thinking backwards where a retired peace officer is no longer active so not sure where reserve falls in place.

          The customer in discussion is level 3 from what he told me and they are not allowed to be armed on duty.
          01 FFL

          Comment

          • #6
            RickD427
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Jan 2007
            • 9270

            Originally posted by RZ Operations
            My thought process could be thinking backwards where a retired peace officer is no longer active so not sure where reserve falls in place.

            The customer in discussion is level 3 from what he told me and they are not allowed to be armed on duty.
            Thanks much for the quick reply.

            In California, a retired peace officer no longer possesses peace officer powers. The definition of a "peace officer" is limited to those in active service.

            A currently serving reserve peace officer is in active service. Many agencies provided "retired" titles to honorably retired reserve officers who meet service requirements.

            California recognizes four different levels of reserve qualification, however the "peace officer" designation of Penal Code section 830.6 makes no distinction between them (also many agencies opt to appoint Level I Designated reserves under PC section 830.1).

            The roster exemption is not contingent on a peace officer's authorization to carry firearms.
            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.

            Comment

            • #7
              RZ Operations
              Member
              • Sep 2014
              • 175

              Originally posted by RickD427
              Thanks much for the quick reply.

              In California, a retired peace officer no longer possesses peace officer powers. The definition of a "peace officer" is limited to those in active service.

              A currently serving reserve peace officer is in active service. Many agencies provided "retired" titles to honorably retired reserve officers who meet service requirements.

              California recognizes four different levels of reserve qualification, however the "peace officer" designation of Penal Code section 830.6 makes no distinction between them (also many agencies opt to appoint Level I Designated reserves under PC section 830.1).

              The roster exemption is not contingent on a peace officer's authorization to carry firearms.
              Thank you for the clarification. Sounds like he is good to go.
              01 FFL

              Comment

              • #8
                P5Ret
                Calguns Addict
                • Oct 2010
                • 6381

                Originally posted by RZ Operations
                Thank you for the clarification. Sounds like he is good to go.
                I'd call Sac SO before to make sure. I can't say how Sac does it, but I've heard CoCo give's out level 3 reserve status to their search and rescue volunteers. I'd proceed with a bit of caution, it is after all your business.

                Comment

                • #9
                  ripro75
                  Vendor/Retailer
                  • Apr 2009
                  • 1676

                  Easiest way is to look at their ID. It should say on it somewhere that the bearer of the ID is a Sworn Deputy Sheriff and is a Peace Officer defined in section 830. It may not say that exactly but if the Reserve has peace officer powers, it should say something similar.

                  Comment

                  • #10
                    RZ Operations
                    Member
                    • Sep 2014
                    • 175

                    Originally posted by PlacerTactical
                    Easiest way is to look at their ID. It should say on it somewhere that the bearer of the ID is a Sworn Deputy Sheriff and is a Peace Officer defined in section 830. It may not say that exactly but if the Reserve has peace officer powers, it should say something similar.
                    It does have something like this. I think it's good.
                    01 FFL

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