Policy Text
Policy
208Fremont Police Department
Retiree Concealed Firearms
208.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the issuance, denial, suspension or
revocation of Fremont Police Department identification cards under the Law Enforcement Officers’
Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455).
208.2 POLICY
It is the policy of the Fremont Police Department to provide identification cards to qualified former
or retired officers as provided in this policy.
208.3 LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any qualified former
officer of this department who (18 USC § 926C(c)):
(a)Separated from service in good standing from this department as an officer.
(b)Before such separation, had regular employment as a law enforcement officer for an
aggregate of 10 years or more or, if employed as a law enforcement officer for less
than 10 years, separated from service after completing any applicable probationary
period due to a service-connected disability as determined by this department.
(c)Has not been disqualified for reasons related to mental health.
(d)Has not entered into an agreement with this department where the officer
acknowledges that he/she is not qualified to receive a firearm qualification certificate
for reasons related to mental health.
(e)Is not prohibited by federal law from receiving or possessing a firearm.
208.3.1 LEOSA IDENTIFICATION CARD FORMAT
The LEOSA identification card should contain a photograph of the former officer and identify him/
her as having been employed as an officer.
If the Fremont Police Department qualifies the former officer, the LEOSA identification card or
separate certification should indicate the date the former officer was tested or otherwise found by
the Department to meet the active duty standards for qualification to carry a firearm.
208.3.2 AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may
carry a concealed firearm under 18 USC § 926C when he/she is:
(a)In possession of photographic identification that identifies him/her as having been
employed as a law enforcement officer, and one of the following:
1.An indication from the person’s former law enforcement agency that he/she has,
within the past year, been tested or otherwise found by the law enforcement
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agency to meet agency-established active duty standards for qualification in
firearms training to carry a firearm of the same type as the concealed firearm.
2.A certification, issued by either the state in which the person resides or by a
certified firearms instructor who is qualified to conduct a firearms qualification
test for active duty law enforcement officers within that state, indicating that the
person has, within the past year, been tested or otherwise found to meet the
standards established by the state or, if not applicable, the standards of any
agency in that state.
(b)Not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(c)Not prohibited by federal law from receiving a firearm.
(d)Not in a location prohibited by California law or by a private person or entity on his/her
property if such prohibition is permitted by California law.
208.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE
Any full-time sworn officer of this department who was authorized to, and did, carry a concealed
firearm during the course and scope of his/her employment shall be issued an identification card
with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement
(Penal Code § 25455).
(a)For the purpose of this policy, honorably retired includes all peace officers who have
qualified for, and accepted, a service or disability retirement. It shall not include any
officer who retires in lieu of termination.
(b)No CCW Approved endorsement shall be issued to any officer retiring because of a
psychological disability (Penal Code § 26305).
208.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT
The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3
inches, and minimally contain (Penal Code § 25460):
(a)A photograph of the retiree.
(b)The retiree’s name and date of birth.
(c)The date of retirement.
(d)The name and address of this department.
(e)A stamped CCW Approved endorsement along with the date by which the
endorsement must be renewed (not more than one year). If a CCW endorsement has
been denied or revoked, the identification card shall be stamped “No CCW Privilege.”
208.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION
The Fremont Police Department shall provide an identification card with a CCW Approved
endorsement to honorably retired peace officers from any jurisdiction that this department now
serves under the following conditions (Penal Code § 25905):
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(a)The retiree's previous agency is no longer providing law enforcement services or the
relevant government body is dissolved.
(b)This department is in possession of the retiree’s complete personnel record or can
verify the retiree’s honorably retired status.
(c)The