Today's Law As Amended


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AB-829 Peace officers: firearms.(2011-2012)



As Amends the Law Today


SEC. 2. SECTION 1.

 Section 16690 of the Penal Code is amended to read:

16690.
 (a)  As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, and  Article 3 (commencing with Section 25900) of Chapter 3 of Division 5 of Title 4, and Section 32406, as added by Chapter 58 of the Statutes of 2016 and as added by Proposition 63, “honorably retired” includes: “honorably retired” includes any peace officer who has met his or her department’s years of service requirement, and has accepted a separation of service or disability retirement. As used in those provisions, “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination. 
(1) A peace officer who has qualified for, and has accepted, a service or disability retirement.
(2) A retired level I reserve officer who meets the requirements specified in paragraph (2) of subdivision (c) of Section 26300.
(b) As used in this section, “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination.

SEC. 3. SEC. 2.

 Section 25450 of the Penal Code is amended to read:

25450.
 As provided in this article, Section 25400 does not apply to, or affect, any of the following:
(a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(b) Any other duly appointed peace officer.
(c) Any honorably retired peace officer listed in subdivision (c) of Section 830.5.
(d) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm.
(e) Any full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer.

SEC. 4. SEC. 3.

 Section 25900 of the Penal Code is amended to read:

25900.
 As provided in this article, Section 25850 does not apply to any of the following:
(a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(b) Any other duly appointed peace officer.
(c) Any honorably retired peace officer listed in subdivision (c) of Section 830.5.
(d) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm.
(e) Any full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer.

SEC. 5. SEC. 4.

 Section 26300 of the Penal Code is amended to read:

26300.
 (a) Any peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, is authorized to carry a concealed and loaded firearm if the agency issued the officer an identification certificate and the certificate has not been stamped as specified in Section 25470.
(b) Any peace officer employed by an agency and listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired after January 1, 1981, shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm.
(c) (1) Any peace officer not listed in subdivision (a) or (b) who was authorized to, and did, carry a firearm during the course and scope of his or her appointment as a peace officer shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm.
(2) This subdivision applies to a retired reserve officer if the retired reserve officer satisfies the requirements of paragraph (1), was a level I reserve officer as described in paragraph (1) of subdivision (a) of Section 832.6, and he or she served in the aggregate the a  minimum amount of time as specified by the retiree’s agency’s policy as a level I reserve officer, provided that the policy shall not set an aggregate term requirement that is less than 10 years or more than 20 years. Service as a reserve officer, other than a level I reserve officer prior to January 1, 1997, shall not count toward the accrual of time required by this section. A law enforcement agency shall have the discretion to revoke or deny an endorsement issued under this subdivision pursuant to Section 26305.