Policy Text
Procedure Number: F10
Issued: 09/02
Revised: 04/23
1
RETIRED ARMED PROBATION OFFICER
AUTHORITY
United States Code Section(s):
18 U.S.C. Section(s) 926C
California Code Section(s):
Penal Code Section(s) 16690, 25400, 25450, 25460, 25465, 25475, 25850, 26320, 26325
Related Probation Department Policy:
IV27 Peace Officer Authority
PURPOSE
California Penal Code (PC) Section 25400 makes it unlawful for a person to carry a concealed
firearm while Section 25850 PC makes it unlawful for a person to carry a loaded firearm. Section
25450 PC provides for exceptions to the laws gover ning the carrying of concealed and loaded
firearms. Among these exceptions are honorably retired probation officers who during the course and scope of their duties as peac e officers were authorized to, and did, carry firearms.
AUTHORIZATION TO CARRY A CONCEALED FIREARM
The Chief Probation Officer (CPO) may approve an honorably retired probation officer to “carry
a concealed weapon” (CCW). Honorably retired probation officers do not include the following:
1. A probation officer who retired because of a psychological disability, including a stress disability.
2. A probation officer who retired in lieu of termination or other discipline.
Honorably retired probation officers include those officers who qualify for and accept a service or
disability retirement, and meet the following criteria herein.
Probation officers who are about to retire or who are in the process of retiring may apply for
authorization to carry a concealed firearm, if they were an armed probation officer in good
standing. Said officers shall apply in writing to the CPO, utilizing form #217. An officer applying for this authorization must apply prior to the effective date of their retirement.
Probation officers, who are retired and did not request a CCW approval for their identification card
at the time of retirement, shall not be issued the approval by the Probation Department. Those officers must seek their CCW permit from the Sheriff’s Departm ent in the same manner as any
eligible citizen.
A retired probation officer who obtained CCW approval at the time of retirement shall petition the
department for renewal every five (5) years (Section 25465 PC), utilizing form #217, which can
be found in the forms sections of the Probation Department’s public webpage. The
petition/application for renewal sha ll be submitted to the CPO no less than thirty (30) days pri or
to the expiration date on their identification card. Failure to submit this application for renewal
within the alloted time frame will result in the loss of this privilege. At the time of the application
for renewal, a criminal record check of the applicant shall be conducted and clearance to the
satisfaction of the CPO is required .
Procedure Number: F10
2
If the CPO grants the application of a retiring probation officer or the renewal for a CCW approval,
the Admini strative Technician responsible for personnel matters shall produce an identification
card containing the following information pursuant to Section 25460 PC:
1. A picture of the retiree.
2. The name of the retiree.
3. Date of birth.
4. Date of retirement.
5. Name and address of the Probation Department.
6. Date of expiration (five (5) years from issuance).
7. Have stamped on it the endorsement “CCW approved.”
A new retiree identification card shall be produced upon initial retirement and when each renewal
is granted.
DENIAL OR REVOCATION OF AUTHORIZATION
The CPO may upon initial retirement of a probation officer or at any time subsequent thereto deny
or revoke for good cause the privilege to carry a concealed firearm.
If the request for “CCW Approval” is denied or revoked, the retired probation officer will be
notified in writing, return receipt requested. The probation officer has fifteen (15) calendar days from receipt of the notice of denial or revocation to request, in writing, a hearing. Failure to respond within the fifteen (15) calendar days will forfeit the probation officer’s right to request a hearing.
Pursuant to Section 26320 PC, any hearing conducted in this matter shall consist of a three (3)
member hearing boa rd consisting of the following:
1. One member selected by the Probation Department.
2. One member selected by the retired probation officer or their employee organization.
3. A third member selected jointly by the Probation Department and the retired probation
officer or their employee organization.
Any decision reached by the hearing board shall be binding on the Probation Department and the
retired probation officer. Any officer whose privilege to carry a concealed firearm is denied or revoked at a hearing, or upon forfeiting their right to a hearing, shall immediately surrender to the Probation Department their identification card bearing the “CCW Approval.” The Probation Department shall re- issue a new identification card without the “CCW Approval” endorsement
(Section 26325 PC).