Article 3. Peace Officer Exemption To The Crime Of Carrying A Loaded Firearm In Public of California Penal Code >> Division 5. >> Title 4. >> Part 6. >> Chapter 3. >> Article 3.
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.
(a) (1) Any peace officer described in Section 25900 who has
been honorably retired shall be issued an identification certificate
by the law enforcement agency from which the officer has retired.
(2) If the agency from which the officer has retired is no longer
providing law enforcement services or the relevant governmental body
is dissolved, the agency that subsequently provides law enforcement
services for that jurisdiction shall issue the identification
certificate to that peace officer. This paragraph shall apply only if
the following conditions are met:
(A) The successor agency is in possession of the retired officer's
complete personnel records or can otherwise verify the retired
officer's honorably retired status.
(B) The retired officer is in compliance with all the requirements
of the successor agency for the issuance of a retirement
identification card and concealed weapon endorsement.
(b) The issuing agency may charge a fee necessary to cover any
reasonable expenses incurred by the agency in issuing certificates
pursuant to Sections 25900, 25910, 25925, and this section.
(c) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a loaded firearm.
(d) An honorably retired peace officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall not be
required to obtain an endorsement from the issuing agency to carry a
loaded firearm.
(a) Except as provided in subdivision (b), no endorsement or
renewal endorsement issued pursuant to Section 25915 shall be
effective unless it is in the format set forth in subdivision (c) of
Section 25460.
(b) Any peace officer listed in subdivision (f) of Section 830.2
or in subdivision (c) of Section 830.5, who is retired between
January 2, 1981, and on or before December 31, 1988, and who is
authorized to carry a loaded firearm pursuant to this article, shall
not be required to have an endorsement in the format set forth in
subdivision (c) of Section 25460 until the time of the issuance, on
or after January 1, 1989, of a renewal endorsement pursuant to
Section 25915.
Every five years, a retired peace officer, except an officer
listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33,
or subdivision (c) of Section 830.5 who retired prior to January 1,
1981, shall petition the issuing agency, or a successor agency
pursuant to paragraph (2) of subdivision (a) of Section 25905, for
renewal of the privilege to carry a loaded firearm.
(a) The agency from which a peace officer is honorably
retired, or a successor agency pursuant to paragraph (2) of
subdivision (a) of Section 25905, may, upon initial retirement of the
peace officer, or at any time subsequent thereto, deny or revoke for
good cause the retired officer's privilege to carry a loaded
firearm.
(b) A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have the
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired, or a successor agency pursuant
to paragraph (2) of subdivision (a) of Section 25905, stamp on the
officer's identification certificate "No CCW privilege."
(a) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry a loaded
firearm by this article shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
(b) The individual retired peace officer shall be responsible for
maintaining eligibility to carry a loaded firearm.
(c) The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired
peace officers listed in subdivision (c) of Section 830.5 to the
agency from which the officer has retired, or a successor agency
pursuant to paragraph (2) of subdivision (a) of Section 25905.