Article 3 - Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public

California Penal Code — §§ 25900-25925

Sections (6)

Amended by Stats. 2013, Ch. 267, Sec. 2. (AB 703) Effective January 1, 2014.

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.

§ 25905

Amended by Stats. 2013, Ch. 149, Sec. 1. (SB 303) Effective January 1, 2014.

(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.

§ 25910

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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.

§ 25915

Amended by Stats. 2013, Ch. 149, Sec. 2. (SB 303) Effective January 1, 2014.

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.

§ 25920

Amended by Stats. 2013, Ch. 149, Sec. 3. (SB 303) Effective January 1, 2014.

(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.”

§ 25925

Amended by Stats. 2013, Ch. 149, Sec. 4. (SB 303) Effective January 1, 2014.

(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.