Can my GF carry without a CCW? She is a probation officer


T

tyjo5716

New member
Good morning all! I joined this forum to ask a simple question, and have been reading other posts for hours now! Great stuff on here keep it up!

My question is: My GF and I live and are legal residents in California. I have/will always have a CCW permit. My GF is an active deputy probation officer for the county we live in, but her department does not arm any of the officers (waiting on funding). She asked her chief if she can legally carry off duty as she is a sworn peace officer. He said he wasn't sure and to get a CCW permit to cover her a$$. I would love to see actual laws stating where your answers are found please, and reply with facts, not opinions. :)

question 2: If she can carry CCW, is her badge all she needs? Or is paperwork required should she be stopped by an officer? What paperwork would she need to purchase an LEO only gun in CA?

THANKS SO MUCH IN ADVANCED!
 

Your GF is bound by departmental policy and as such she needs direction from her chief. Carrying on a CCW binds her to the same limitations and restrictions as any other citizen. If her dept. does not currently issue duty weapons, the dept should have a policy in place to regulate carrying personal weapins off duty.
 
As above, her employer needs to be consulted. Since you do live in an unfortunate area of anti gun lunacy, it would behoove her to research firearms laws, associated with her position of authority, if off duty carry is allowed.
 
tyjo5716 said:
My GF is an active deputy probation officer for the county we live in, but her department does not arm any of the officers (waiting on funding). She asked her chief if she can legally carry off duty as she is a sworn peace officer. He said he wasn't sure and to get a CCW permit to cover her a$$.
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Let me make sure I understand this. You are asking us to look up the laws regarding what is legal or not for a "sworn peace officer" to do?!?
 
OK, so I was nice. Short answer is she needs the CCW permit.

California Penal Code 25400.

Section 25400 is the crime of carrying a concealed firearm.

California Penal Code 25450.

Section 25450 are the exceptions, among which are:
(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.
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Probation officers do not fall under 830.1, 830.2 or 830.33. Probation officers fall under 830.5, which states the conditions under which they can carry firearms related to their employment:
California Penal Code 830.5.

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. 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:

(a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile Parole Board.
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First, notice that probation officers are only considered to be "peace officers" while engaged in the performance of their duties - not 24/7. Further on down in 830.5 are the specific allowances for parole officers to carry firearms while off duty, but those allowances are limited to only certain parole officers, not probation officers.
 
thanks all! So yes NavyLCDR, I am asking what a sworn peace officer can do. Dont hate on me im not incredibly happy myself that they dont really know... Her department does not have a policy in place. At lease one other officer she works with carry's CCW using his badge to identify himself as a LEO.... My GF's chief isn't sure how it works.... Im looking for a fairly black and white law saying "all peace officers can carry outside of duty hours"
 
tyjo5716 said:
thanks all! So yes NavyLCDR, I am asking what a sworn peace officer can do. Dont hate on me im not incredibly happy myself that they dont really know... Her department does not have a policy in place. At lease one other officer she works with carry's CCW using his badge to identify himself as a LEO.... My GF's chief isn't sure how it works.... Im looking for a fairly black and white law saying "all peace officers can carry outside of duty hours"
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My post #5 was probably not complete when you replied. It should answer all your questions. The "other officer" she works with sounds like evidence of one of my mottos:

The three biggest sources of legal misinformation regarding firearms laws continue to prove themselves to be CCW instructors, LEOs, and gun shop employees, in no particular order. At least you are asking the question.
 
NavyLCDR said:
My post #5 was probably not complete when you replied. It should answer all your questions. The "other officer" she works with sounds like evidence of one of my mottos:

The three biggest sources of legal misinformation regarding firearms laws continue to prove themselves to be CCW instructors, LEOs, and gun shop employees, in no particular order. At least you are asking the question.
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NavyLCDR, you continue to be a bastion of endless information pertaining to subjects at hand, and at incredible speed to post. Wish I had your insight into sucking information from the net that fast.

Must be your present or former position? ;-]
 
NavyLCDR said:
My post #5 was probably not complete when you replied. It should answer all your questions. The "other officer" she works with sounds like evidence of one of my mottos:

The three biggest sources of legal misinformation regarding firearms laws continue to prove themselves to be CCW instructors, LEOs, and gun shop employees, in no particular order. At least you are asking the question.
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LEOs aren't there to know all the laws, just enforce them! ;-]
 
r1derbike said:
NavyLCDR, you continue to be a bastion of endless information pertaining to subjects at hand, and at incredible speed to post. Wish I had your insight into sucking information from the net that fast.

Must be your present or former position? ;-]
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It's all just google-fu

Yoda%20Google%20Fu.jpg


And an open mind to never assume that what I think is true is actually fact until I can verify it....something that a whole bunch of members on this forum don't possess.
 
Drzzit said:
Hence the problem with many LEO's doing their job and getting into trouble(after the fact) for doing the wrong thing.
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Hence the problem with many LEO's doing their job and being "justified" (after the fact) for doing the wrong thing. Very seldom are police officers held accountable for their "mistakes."
 
Actually, NavyLCDR is inccorect.

As a probation officer she can carry off duty.

This has been debated at length, both in 1989 when the Attorney General wrote an opinion supporting Probation Officer off-duty carry, and again in 1993 when it was revisted via case law between the Orange County Employees Association vs. the County of Orange County.

Probation Officers have 24/7 status, but only powers while on duty, hence "limited powers". Probation Officers have full powers of arrest over probationers as well as over any penal provisions encountered while on duty. Probation Officers are duly appointed peace officers.

That being said, Probation Officers have been arrested before for off duty carry. So have CHP Officers, county police in LA, CDCR Officers, Parole Agents, and active military.

Unfortunately, I would seriously consider under what circumstances your girlfriend needs to carry, and see what kind of support she gets from her union/legal counsel/agency.

I'm sure there are other views, and this is definitely a grey area to some agencies, so be warned, run into the wrong over-zealous peace officer or DA and you may get arrested/charged. In some counties, were it's more common for police to encounter an armed DPO, this is not an issue. In other counties, especially where the department only arms a small number or refuses to arm DPOs, this may be an issue.

Take care.

Link Removed
 
IF bc99 is correct, she may not need a CCW. She would fall under HR 218 (Link Removed) She can carry anywhere in the US, if this Federal Law applies to her.
 
You can't really expect high school grads with guns and no further education to know much, that's why they'll arrest you for anything and then let the big boys sort out weather you actually broke any laws.
 
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