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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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Do honorably retired police officers in calif need a ccw to

Customer Question

do honorably retired police officers in calif need a ccw to carry a concealed weapon.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 2 months ago.

Good morning:

My name is ***** ***** I would be happy to provide general information regarding your question.

Please give me a few minutes to type out a thorough response. Thanks!

Expert:  Legal-Kal replied 2 months ago.

The short answer to your question is "yes," an honorably retired LEO must still obtain a CCW license.

Here is the "long answer" based on both statutory and case law information:

Sections 26150, 26155 and 26170 of the Penal Code would provide the answer. 26150 and 26155 provide the requirements or conditions an individual must meet before being issued a license to carry a concealed weapon.

Section 26170 indirectly answers the question of law enforcement, however.

26170 states:

"Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, may issue to an applicant a license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person: (1) The applicant is of good moral character. (2) Good cause exists for issuance of the license. (3) The applicant has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff or that chief of police or other head of a municipal police department. (b) Direct or indirect fees for the issuance of a license pursuant to this section may be waived. (c) The fact that an applicant for a license to carry a pistol,revolver, or other firearm capable of being concealed upon the person has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 shall be considered only for the purpose of issuing a license pursuant to this section, and shall not be considered for the purpose of issuing a license pursuant to Section 26150 or 26155.

Paragraph (a) and (c) applies to both active and retired law enforcement officers. Additionally, paragraph (a) and (c) carries the inference that because the sheriff can take the fact of the officer being (had been) deputized into consideration in their decision making process.

The implication here is that, because the sheriff can take that into consideration, the sheriff must still make a decision regarding the CCW application (further implying that the retired LEO MUST still apply for a ccw).

So, ultimately, the answer to your question would be "yes."

Expert:  Legal-Kal replied 2 months ago.

Questions based on this? If so, please ask!

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until the individual clicks ACCEPT and rates the assistance with three stars or higher. Your cooperation in this regard would be appreciated!

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 2 months ago.

I see you have read my response.

As a reminder, if you have no other questions, please remember that experts here assist individuals not as a hobby, but as their income and on a good faith basis and are not credited for taking the time to assist individuals until they click accept and rate with three stars or higher, in compliance with the terms of service.

Expert:  Legal-Kal replied 2 months ago.

Any chance for a positive rating?