Thursday, August 11, 2016

Court of Appeal Rules Correctional Deputies Can Carry Firearms Off-Duty Without CCW

On August 11, 2016, the Court of Appeal, Fifth Appellate District ruled in a published decision that correctional deputies under Penal Code section 830.1(c) have the same right to carry firearms off-duty as as enforcement deputies and police officers who are peace officers under Penal Code section 830.1(a).

In Stanislaus County Deputy Sheriffs' Association v. County of Santa Clara et al., the County argued correctional deputies were not entitled to the same rights as enforcement deputies under the Penal Code because they cease to have peace officer status or authority outside of their particular custodial assignments.  But the Court rejected that claim, finding that correctional deputies under section 830.1(c) are treated the same as section 830.1(c) peace officers with regard to the exemption.  As a result, the Court rejected distinguishing between them and and found that "Section 830.1, subdivision (c), declares without any qualification that a custodial deputy is a peace officer."