Off Duty Carry

[Sacmedic]

Folks,

See the attached link:

http://www.scribd.com/doc/5401279/89505


After reading it it seems to me that many of the Peace Officers listed in PC830.xx... that aren't carrying at work because of employer policy could do so off-duty. This was also the case in the CA 4th Appellate District case from 1993 I believe. Anyone have dealings with peace officers caught in the bizarre situation of being forbidden to carry on-duty and exercising their legal right to carry without a CCW while off-duty? Actual interactions on stops would be good to hear. Thanks!

Sacmedic

[not5150]

Folks,

See the attached link:

http://www.scribd.com/doc/5401279/89505


After reading it it seems to me that many of the Peace Officers listed in PC830.xx... that aren't carrying at work because of employer policy could do so off-duty. This was also the case in the CA 4th Appellate District case from 1993 I believe. Anyone have dealings with peace officers caught in the bizarre situation of being forbidden to carry on-duty and exercising their legal right to carry without a CCW while off-duty? Actual interactions on stops would be good to hear. Thanks!

Sacmedic

Your probably not going to get many responses on this one with OPSEC and all.

[Sacmedic]

not5150,

I appreciate your reply, however I'm not asking for individuals names or agencies. I'm also not asking if any of the contacts were with individuals of any particular agency. Finally, I'm LEO myself and am happy to converse via PM with any who wish to contact me to verify this. Thank you.

Sacmedic

[not5150]

In my area you run into this quite a bit with community college police officers.

Some schools are reserve officers only, others are full police. Some carry, some don't. Others carry, but don't have CCW approved stamped on their IDs. etc etc etc

I'm sure the situation isn't any different in your area. Just contact the "chief" at a local community college.

[Sacmedic]

I'm familiar with the sections of the penal code that allow employers to dictate weather a peace officer may carry firearms while on duty, but my understanding of the 4th Appelate District case and AG's opinion is that an employer of one of these subject classes cannot dictate off duty carry conditions. I know that some employers of these peace officers, including some very large county probation dept.'s actively discourage their peace officers from carrying off duty despite their legal right to do so without a CCW. Just asking for some input on weather anyone has run into one of these unfortunate souls carrying off duty. Since the CHP gets a cross section of all California areas I figured one of the active officers on this site could shed some insight on their experiences. Thanks to all who may respond!

Sacmedic

[A454ELK]

We have had that issue here but in the area of peace officers only having peace officer powers AT their place of employment or area of patrol. (Airport deputies and such) If you fall under the definition of a peace officer, you have the right to carry within your state, then it depends on each individual state you visit if their law allows it, but from what I remember, we can in all states now. Our agencies here don't discourage their officers from carrying off-duty. Our only issue is with armed security guards that carry to and from work, on motors, in plain sight...

[AyatollahGondola]

We have had that issue here but in the area of peace officers only having peace officer powers AT their place of employment or area of patrol. (Airport deputies and such) If you fall under the definition of a peace officer, you have the right to carry within your state, then it depends on each individual state you visit if their law allows it, but from what I remember, we can in all states now. Our agencies here don't discourage their officers from carrying off-duty. Our only issue is with armed security guards that carry to and from work, on motors, in plain sight...
Because their place of employment is the only reason for loaded exposed carry?

[Sacmedic]

The statute is quite clear about when a peace officer designated under one of the myriad "on duty" authority sections has peace officer powers. Clearly it is only when on duty. I'm speaking of their position, with appropriate ID, being sufficient for proving there ability to carry off duty without a CCW. Specifically if anyone on the forum has had an issue with one of these folks carrying off duty in one of these positions. Thanks for the input so far!

Sacmedic