Police Department Policy

f10-retired-armed-probation-officer-4-2023.pdf

El Dorado County Sheriff

Policy Text
Procedure Number: F10 Issued: 09/02 Revised: 04/23 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 governing 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 peace 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 Department 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 shall be submitted to the CPO no less than thirty (30) days prior 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. 1

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