SECTIONS 26300-26325 - California Statutes

PENAL CODE

SECTION 26300-26325

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) 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 employment 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.

26305. (a) No peace officer who is retired after January 1, 1989,
because of a psychological disability shall be issued an endorsement
to carry a concealed and loaded firearm pursuant to this article.
(b) 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.
(c) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be immediately and temporarily revoked by the issuing agency when
the conduct of a retired peace officer compromises public safety.
(d) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be permanently
revoked or denied by the issuing agency only upon a showing of good
cause. Good cause shall be determined at a hearing, as specified in
Section 26320.

26310. (a) Issuance of an identification certificate authorizing
the officer to carry a concealed and loaded firearm or an endorsement
may be denied prior to a hearing.
(b) If a hearing is not conducted prior to the denial of an
endorsement, a retired peace officer, within 15 days of the denial,
shall have the right to request a hearing. A retired peace officer
who fails to request a hearing pursuant to this section shall forfeit
the right to a hearing.

26312. (a) Notice of a temporary revocation shall be effective upon
personal service or upon receipt of a notice that was sent by
first-class mail, postage prepaid, return receipt requested, to the
retiree's last known place of residence.
(b) The retiree shall have 15 days to respond to the notification
and request a hearing to determine if the temporary revocation should
become permanent.
(c) A retired peace officer who fails to respond to the notice of
hearing within the 15-day period shall forfeit the right to a hearing
and the authority of the officer to carry a firearm shall be
permanently revoked. The retired officer shall immediately return the
identification certificate to the issuing agency.
(d) If a hearing is requested, good cause for permanent revocation
shall be determined at a hearing, as specified in Section 26320. The
hearing shall be held no later than 120 days after the request by
the retired officer for a hearing is received.
(e) A retiree may waive the right to a hearing and immediately
return the identification certificate to the issuing agency.

26315. (a) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be
permanently revoked only after a hearing, as specified in Section
26320.
(b) Any retired peace officer whose identification certificate
authorizing the officer to carry a concealed and loaded firearm or an
endorsement is to be revoked shall receive notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return receipt
requested to the retiree's last known place of residence.
(c) From the date the retiree signs for the notice or upon the
date the notice is served personally on the retiree, the retiree
shall have 15 days to respond to the notification. A retired peace
officer who fails to respond to the notice of the hearing shall
forfeit the right to a hearing and the authority of the officer to
carry a firearm shall be permanently revoked. The retired officer
shall immediately return the identification certificate to the
issuing agency.
(d) If a hearing is requested, good cause for permanent revocation
shall be determined at the hearing, as specified in Section 26320.
The hearing shall be held no later than 120 days after the request by
the retired officer for a hearing is received.
(e) The retiree may waive the right to a hearing and immediately
return the identification certificate to the issuing agency.

26320. (a) Any hearing conducted under this article shall be held
before a three-member hearing board. One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization. The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
(b) Any decision by the board shall be binding on the agency and
the retired peace officer.

26325. (a) A retired peace officer, when notified of the revocation
of the privilege to carry a concealed and loaded firearm, after the
hearing, or upon forfeiting the right to a hearing, shall immediately
surrender to the issuing agency the officer's identification
certificate.
(b) The issuing agency shall reissue a new identification
certificate without an endorsement.
(c) Notwithstanding subdivision (b), if the peace officer retired
prior to January 1, 1981, and was at the time of retirement a peace
officer listed in Section 830.1 or 830.2 or subdivision (c) of
Section 830.5, the issuing agency shall stamp on the identification
certificate "No CCW privilege."