AB 703, as amended, Hall. Peace officers: firearms.
(1) Existing law authorizes the head of an agency employing certain categories of peace officers to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. Existing law also permits these agencies to revoke this identification in the event of misuse or abuse.
end deleteThis bill would expand this authorization to any agency listed in certain provisions of law, including the Department of Corrections and Rehabilitation.
end delete(2)
end deletebegin insert(1)end insert Existing law defines “honorably retired” for purposes of certain provisions of law involving the carrying of concealed weapons as a peace officer who has qualified for, and has accepted, a service or disability retirement.
This bill would instead define “honorably retired” for these purposes as a peace officer who has met his or her department’s years of service requirement, or has accepted a separation of service or disability retirement.
(3)
end delete
begin insert(2)end insert Existing law
requires abegin insert retiredend insert peace officer who was authorizedbegin insert toend insert, and did, carry a firearm during the course and scope of employment as a peace officer to have an endorsement onbegin delete theirend deletebegin insert his or herend insert identification certificate stating that the issuing agency approves of the officer’s carrying of a concealed and loaded firearm.
This bill would make these provisions applicable to a retired reserve officer if the retired reserve officer satisfies the above requirement, was a level Ibegin delete and level IIend delete
reserve officer, and servedbegin delete at least 15 yearsend delete
in the aggregatebegin insert the minimum amount of time as specified by the retiree’s agency’s policyend insert as abegin delete Californiaend deletebegin insert level Iend insert reserve peace officer.begin insert The bill would prohibit the policy from setting an aggregate term requirement that is less than 10 years or more than 20 years.end insert
(4)
end deletebegin insert(3)end insert Under existing law, the prohibitions on carrying a concealed weapon and on carrying a loaded firearm do not apply to honorably retired peace officers who were authorized to carry firearms during the course and scope of their employment as peace officers.
This bill would state that the above exemption applies to honorably retired peace officers who were authorized to carry firearms during the course and scope of their appointment as peace officers.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 538d of the Penal Code is amended to
2read:
(a) Any person other than one who by law is given the
4authority of a peace officer, who willfully wears, exhibits, or uses
5the authorized uniform, insignia, emblem, device, label, certificate,
6card, or writing, of a peace officer, with the intent of fraudulently
7impersonating a peace officer, or of fraudulently inducing the
8belief that he or she is a peace officer, is guilty of a misdemeanor.
9(b) (1) Any person, other than the one who by law is given the
10authority of a peace officer, who willfully wears, exhibits, or uses
11the badge of a peace officer with the intent of fraudulently
12impersonating a peace officer, or of fraudulently inducing the
P3 1belief that he or she is a peace officer, is guilty of a misdemeanor
2punishable by imprisonment in
a county jail not to exceed one
3year, by a fine not to exceed two thousand dollars ($2,000), or by
4both that imprisonment and fine.
5(2) Any person who willfully wears or uses any badge that
6falsely purports to be authorized for the use of one who by law is
7given the authority of a peace officer, or which so resembles the
8authorized badge of a peace officer as would deceive any ordinary
9reasonable person into believing that it is authorized for the use
10of one who by law is given the authority of a peace officer, for the
11purpose of fraudulently impersonating a peace officer, or of
12fraudulently inducing the belief that he or she is a peace officer,
13is guilty of a misdemeanor punishable by imprisonment in a county
14jail not to exceed one year, by a fine not to exceed two thousand
15dollars ($2,000), or by both that imprisonment and fine.
16(c) Except as provided in subdivision (d), any
person who
17willfully wears, exhibits, or uses, or who willfully makes, sells,
18loans, gives, or transfers to another, any badge, insignia, emblem,
19device, or any label, certificate, card, or writing, which falsely
20purports to be authorized for the use of one who by law is given
21the authority of a peace officer, or which so resembles the
22authorized badge, insignia, emblem, device, label, certificate, card,
23or writing of a peace officer as would deceive an ordinary
24reasonable person into believing that it is authorized for the use
25of one who by law is given the authority of a peace officer, is guilty
26of a misdemeanor, except that any person who makes or sells any
27badge under the circumstances described in this subdivision is
28subject to a fine not to exceed fifteen thousand dollars ($15,000).
29(d) (1) The head of an agency listed in Sections 830.1 to 830.6,
30inclusive, is authorized to issue identification in the form of a
31badge, insignia, emblem, device, label, certificate, card, or writing
32that clearly states that the person has honorably retired following
33service as a peace officer from that agency. The identification
34authorized pursuant to this subdivision is separate and distinct
35from the identification authorized by Article 2 (commencing with
36Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
37(2) If the head of an agency issues a badge to an honorably
38retired peace officer that is not affixed to a plaque or other
39memento commemorating the retiree’s service for the agency, the
P4 1words “Honorably Retired” shall be clearly visible above,
2underneath, or on the badge itself.
3(3) The head of an agency
listed in Sections 830.1 to 830.6,
4inclusive, is authorized to revoke identification granted pursuant
5to this subdivision in the event of misuse or abuse.
6(4) For the purposes of this subdivision, the term “honorably
7retired” does not include an officer who has agreed to a service
8retirement in lieu of termination.
9(e) (1) Vendors of law enforcement uniforms shall verify that
10a person purchasing a uniform identifying a law enforcement
11agency is an employee of the agency identified on the uniform.
12Presentation and examination of a valid identification card with a
13picture of the person purchasing the uniform and identification,
14on the letterhead of the law enforcement agency, of the person
15buying the uniform as an employee of the agency identified on the
16uniform shall be sufficient verification.
17(2) Any uniform vendor who sells a uniform identifying a law
18enforcement agency, without verifying that the purchaser is an
19employee of the agency, is guilty of a misdemeanor, punishable
20by a fine of not more than one thousand dollars ($1,000).
21(3) This subdivision shall not apply if the uniform is to be used
22solely as a prop for a motion picture, television, video production,
23or a theatrical event, and prior written permission has been obtained
24from the identified law enforcement agency.
Section 16690 of the Penal Code is amended to
27read:
As used in Sections 25650 and 26020, Article 2
29(commencing with Section 25450) of Chapter 2 of Division 5 of
30Title 4, and Article 3 (commencing with Section 25900) of Chapter
313 of Division 5 of Title 4, “honorably retired” includes any peace
32officer who has met his or her department’s years of service
33requirement, or has accepted a separation of service or disability
34retirement. As used in those provisions, “honorably retired” does
35not include an officer who has agreed to a service retirement in
36lieu of termination.
Section 25450 of the Penal Code is amended to read:
As provided in this article, Section 25400 does not
40apply to, or affect, any of the following:
P5 1(a) Any peace officer, listed in Section 830.1 or 830.2, or
2subdivision (a) of Section 830.33, whether active or honorably
3retired.
4(b) Any other duly appointed peace officer.
5(c) Any honorably retired peace officer listed in subdivision (c)
6of Section 830.5.
7(d) Any other honorably retired peace officer who during the
8course and scope of his or her appointment as a peace officer was
9authorized to, and did, carry a firearm.
10(e) Any full-time paid peace officer of another state or the
11federal government who is carrying out official duties while in
12California.
13(f) Any person summoned by any of these officers to assist in
14making arrests or preserving the peace while the person is actually
15engaged in assisting that officer.
Section 25900 of the Penal Code is amended to read:
As provided in this article, Section 25850 does not
19apply to any of the following:
20(a) Any peace officer, listed in Section 830.1 or 830.2, or
21subdivision (a) of Section 830.33, whether active or honorably
22retired.
23(b) Any other duly appointed peace officer.
24(c) Any honorably retired peace officer listed in subdivision (c)
25of Section 830.5.
26(d) Any other honorably retired peace officer who during the
27course and scope of his or her appointment as a peace officer was
28authorized to, and did, carry a firearm.
29(e) Any full-time paid peace officer of another state or the
30federal government who is carrying out official duties while in
31California.
32(f) Any person summoned by any of these officers to assist in
33making arrests or preserving the peace while the person is actually
34engaged in assisting that officer.
Section 26300 of the Penal Code is amended to read:
(a) Any peace officer listed in Section 830.1 or 830.2
38or subdivision (c) of Section 830.5 who retired prior to January 1,
391981, is authorized to carry a concealed and loaded firearm if the
P6 1agency issued the officer an identification certificate and the
2certificate has not been stamped as specified in Section 25470.
3(b) Any peace officer employed by an agency and listed in
4Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who
5retired after January 1, 1981, shall have an endorsement on the
6officer’s identification certificate stating that the issuing agency
7approves the officer’s carrying of a concealed and loaded firearm.
8(c) (1) Any peace officer not listed in subdivision (a) or (b)
9who was authorized to, and did, carry a firearm during the course
10and scope of his or her appointment as a peace officer shall have
11an endorsement on the officer’s identification certificate stating
12that the issuing agency approves the officer’s carrying of a
13concealed and loaded firearm.
14(2) This subdivision applies to a retired reserve officer if the
15retired reserve officer satisfies the requirements of paragraph (1),
16was a level Ibegin delete or level IIend delete reserve officer as described in paragraph
17(1)begin delete or (2)end delete of subdivision (a) of Section 832.6, and he or she servedbegin delete18 at least 15
yearsend delete
19specified by the retiree’s agency’s policyend insert as abegin delete Californiaend deletebegin insert level Iend insert
20 reserve begin deletepeaceend delete officerbegin insert, provided that the policy shall not set an
21aggregate term requirement that is less than 10 years or more
22than 20 yearsend insert.
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