Police Department Policy

220_-_Retiree_Concealed_Firearms

Mountain View PD

Policy Text
Policy 220Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRetiree Concealed Firearms - 1Retiree Concealed Firearms 220.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Mountain View Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 220.2 POLICY It is the policy of the Mountain View Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 220.3 LEOSA The Police Chief 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. 220.3.1 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 Mountain View 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. 220.3.2 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 Mountain View Police Department Mountain View PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRetiree Concealed Firearms - 2agency 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. 220.4 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). 220.4.1 HONORABLY RETIRED RESERVE OFFICERS Honorably retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). Qualifications to obtain “honorably retired reserve officer” status and department qualifications for obtaining a CCW endorsement are as follows: (a)The retired reserve officer must have been authorized to carry a firearm during the course and scope of duty with Mountain View Police Department and had in fact done so. (b)The retired reserve officer must have served the minimum aggregate amount of 15 years as a level one reserve officer with Mountain View Police Department. Any time spent as a reserve peace officer in a role other than level I reserve officer prior to January 1, 1997 may not count towards the aggregate term requirement. (c)The agency may deny or revoke the firearm endorsement using the same procedures as for retired full-time officers. Mountain View Police Department Mountain View PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRetiree Concealed Firearms - 3(d)Retired reserve officers must immediately report to the department any outside

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