Chapter 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm

California Penal Code — §§ 26300-26330

Sections (8)

Amended by Stats. 2013, Ch. 267, Sec. 3. (AB 703) Effective January 1, 2014.

(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 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.

§ 26305

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(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.”

§ 26330

Added by Stats. 2025, Ch. 113, Sec. 39. (SB 160) Effective September 17, 2025.

(a)A law enforcement agency may require a retiring or a retired peace officer seeking an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed firearm, as described in Chapter 2 (commencing with Section 25400) and Chapter 5 (commencing with Section 26300) of Division 4 of Title 4, to undergo a fingerprint-based state and national criminal history background check.

(b)A law enforcement agency shall submit to the Department of Justice fingerprint images and related information for an individual specified in subdivision (a) who is subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of

Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105.

(c)(1) The Department of Justice shall notify a law enforcement agency as to whether an individual specified in subdivision (a) is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition. The Department of Justice may charge the applicant a fee sufficient to reimburse its costs for furnishing this information.

(2)If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess,

receive, own, or purchase a firearm, the department shall notify the law enforcement agency.

(3)No endorsement shall be issued by any law enforcement agency unless the information described in paragraph (1) confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm.

(d)As used in this section, “law enforcement agency” means a police or sheriff’s department, any department or agency of the state, or any political subdivision thereof that employs any peace officer, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.