Amended in Senate June 25, 2013

Amended in Assembly May 8, 2013

Amended in Assembly April 2, 2013

Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 703


Introduced by Assembly Member Hall

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(Coauthor: Senator Knight)

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February 21, 2013


An act to amend Sectionsbegin delete 16690,end delete 25450, 25900, and 26300 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 703, as amended, Hall. Peace officers: firearms.

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(1) 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.

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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.

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(2)

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begin insert(1)end insert Existing law requires a retired peace officer who was authorized to, and did, carry a firearm during the course and scope of employment as a peace officer to have an endorsement on his or her identification certificate stating that the issuing agency approves of the officer’s carrying of a concealed and loaded firearm.begin insert Existing law provides that a retired peace officer may have the privilege to carry a concealed and loaded firearm revoked or denied by violating any departmental rule, or state or federal law that, if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from the agency. Existing law permits an identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement on the certificate to be immediately and temporarily revoked by the issuing agency when the conduct of a retired peace officer compromises public safety.end insert

This bill would make these provisions applicable to a retired reserve officer if the retired reserve officerbegin delete satisfies the above requirement,end deletebegin insert carried a firearm during the course and scope of his or her appointment,end insert was a level I reserve officer, and served in the aggregate the minimum amount of time as specified by the retiree’s agency’s policy as a level I reserve peace officer. The bill would prohibit the policy from setting an aggregate term requirement that is less than 10 years or more than 20 years.begin insert The bill would prohibit service as a reserve officer, other than a level I reserve officer prior to January 1, 1997, from counting toward that aggregate term requirement. The bill would authorize a law enforcement agency to revoke or deny an endorsement issued to a retired reserve peace officer.end insert

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(3)

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begin insert(2)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 appointmentbegin insert, rather than employment,end insert 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:

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SECTION 1.  

Section 16690 of the Penal Code is amended to
2read:

3

16690.  

As used in Sections 25650 and 26020, Article 2
4(commencing with Section 25450) of Chapter 2 of Division 5 of
P3    1Title 4, and Article 3 (commencing with Section 25900) of Chapter
23 of Division 5 of Title 4, “honorably retired” includes any peace
3officer who has met his or her department’s years of service
4requirement, or has accepted a separation of service or disability
5retirement. As used in those provisions, “honorably retired” does
6not include an officer who has agreed to a service retirement in
7lieu of termination.

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8

begin deleteSEC. 2.end delete
9begin insertSECTION 1.end insert  

Section 25450 of the Penal Code is amended to
10read:

11

25450.  

As provided in this article, Section 25400 does not
12apply to, or affect, any of the following:

13(a) Any peace officer, listed in Section 830.1 or 830.2, or
14subdivision (a) of Section 830.33, whether active or honorably
15retired.

16(b) Any other duly appointed peace officer.

17(c) Any honorably retired peace officer listed in subdivision (c)
18of Section 830.5.

19(d) Any other honorably retired peace officer who during the
20course and scope of his or her appointment as a peace officer was
21authorized to, and did, carry a firearm.

22(e) Any full-time paid peace officer of another state or the
23federal government who is carrying out official duties while in
24California.

25(f) Any person summoned by any of these officers to assist in
26making arrests or preserving the peace while the person is actually
27engaged in assisting that officer.

28

begin deleteSEC. 3.end delete
29begin insertSEC. 2.end insert  

Section 25900 of the Penal Code is amended to read:

30

25900.  

As provided in this article, Section 25850 does not
31apply to any of the following:

32(a) Any peace officer, listed in Section 830.1 or 830.2, or
33subdivision (a) of Section 830.33, whether active or honorably
34retired.

35(b) Any other duly appointed peace officer.

36(c) Any honorably retired peace officer listed in subdivision (c)
37of Section 830.5.

38(d) Any other honorably retired peace officer who during the
39course and scope of his or her appointment as a peace officer was
40authorized to, and did, carry a firearm.

P4    1(e) Any full-time paid peace officer of another state or the
2federal government who is carrying out official duties while in
3California.

4(f) Any person summoned by any of these officers to assist in
5making arrests or preserving the peace while the person is actually
6engaged in assisting that officer.

7

begin deleteSEC. 4.end delete
8begin insertSEC. 3.end insert  

Section 26300 of the Penal Code is amended to read:

9

26300.  

(a) Any peace officer listed in Section 830.1 or 830.2
10or subdivision (c) of Section 830.5 who retired prior to January 1,
111981, is authorized to carry a concealed and loaded firearm if the
12agency issued the officer an identification certificate and the
13certificate has not been stamped as specified in Section 25470.

14(b) Any peace officer employed by an agency and listed in
15Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who
16retired after January 1, 1981, shall have an endorsement on the
17officer’s identification certificate stating that the issuing agency
18approves the officer’s carrying of a concealed and loaded firearm.

19(c) (1) Any peace officer not listed in subdivision (a) or (b)
20who was authorized to, and did, carry a firearm during the course
21and scope of his or her appointment as a peace officer shall have
22an endorsement on the officer’s identification certificate stating
23that the issuing agency approves the officer’s carrying of a
24concealed and loaded firearm.

25(2) This subdivision applies to a retired reserve officer if the
26retired reserve officer satisfies the requirements of paragraph (1),
27was a level I reserve officer as described in paragraph (1) of
28subdivision (a) of Section 832.6, and he or she served in the
29aggregate the minimum amount of time as specified by the retiree’s
30agency’s policy as a level I reserve officer, provided that the policy
31shall not set an aggregate term requirement that is less than 10
32years or more than 20 years.begin insert Service as a reserve officer, other
33than a level I reserve officer prior to January 1, 1997, shall not
34count toward the accrual of time required by this section. A law
35enforcement agency shall have the discretion to revoke or deny
36an endorsement issued under this subdivision pursuant to Section
3726305.end insert



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