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  • Retired leo id leosa

    I have recently retired. Now, my department is hesitant about issuing me a retired ID with the 12027 Penal Code exemption. This is insane to me...but, have found that many departments in California (Go figure) are balking at this requirement from the California Penal Code regarding retired Peace Officers and LEOSA. It has been suggested that I retain an attorney to force them to abide by the law. I need an attorney that is an expert in this area in the San Jose area. Any help my brothers and sisters will be greatly appreciated. Thanks...

  • #2
    Your agency doesn't have a policy for retired peace officers? Have you checked? And the (now renumbered) 12027(a)(1) PC specifically says that an agency SHALL provide an ID that indicates a honorable retiree's concealed carry status.

    Ask other guys who've retired what they did. Otherwise, I'd retain private competent counsel. It seems like San Jose agencies have a tendency to jerk their employees around...

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    • #3
      Originally posted by jerkyg View Post
      I have recently retired. Now, my department is hesitant about issuing me a retired ID with the 12027 Penal Code exemption. This is insane to me...but, have found that many departments in California (Go figure) are balking at this requirement from the California Penal Code regarding retired Peace Officers and LEOSA. It has been suggested that I retain an attorney to force them to abide by the law. I need an attorney that is an expert in this area in the San Jose area. Any help my brothers and sisters will be greatly appreciated. Thanks...
      Has your agency authorized CCW to other retired Juvenile Correctional Officers?

      If you belong to a correctional officers association or union you may want to discuss this matter with them.
      Last edited by sanitizer; 08-09-2014, 10:26 AM.

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      • #4
        Join PORAC's RAM (Retired Associate Member) and get LDF. Total for both is $74/year. LDF will defend you against CCW issues including denial of CCW. My agency's CCW endorsement includes HR218 so we can carry in any state.

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        • #5
          Any chance it is because you did not endorse her for Sheriff? Rain's, Lucia & Stern would probably take that on for free!

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          • #6
            The agency does not have to grant CCW if you don't meet the criteria.
            Now go home and get your shine box!

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            • #7
              Originally posted by CCCSD View Post
              The agency does not have to grant CCW if you don't meet the criteria.
              The OP implies that he retired and is otherwise eligible (meets the criteria), yet is denied the credentials. Although you are stating the obvious and would be correct, it wouldn't apply.

              “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

              Miyamoto Musashi

              “Life Is Hard, But It's Harder When You're Stupid”

              George V. Higgins (from The Friends of Eddie Coyle)

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              • #8
                Yes but the criteria is guided by the State.

                Service or Disability retirement after 10 years of service and no disqualifying issues (psych, etc.) The agency has to prove you are not eligible.

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                • #9
                  If the peace officer status is limited or not full, and the agency does not as a standard course arm their personnel, then they don't have to issue a CCW.

                  Juvenile Probation don't carry in his case.
                  Last edited by CCCSD; 08-09-2014, 10:14 PM.
                  Now go home and get your shine box!

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                  • #10
                    Does your agency, now or in the past issue retiree's Retired ID cards. If they have and have stopped the practice, they will feel the wrath of the Federal Government. If they have never issued ID Creds to retiree's you might have a problem. If they stopped the practice do to the passage of the LEOSA, as I stated the Feds will not take to kindly to that.
                    Hey Kidd, I've got more time On Meal than you have "On the Job"

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                    • #11
                      Originally posted by eagleI View Post
                      Yes but the criteria is guided by the State.

                      Service or Disability retirement after 10 years of service and no disqualifying issues (psych, etc.) The agency has to prove you are not eligible.
                      You don't even need ten years of service if it's an industrial disability retirement. Just off probation.

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                      • #12
                        LEOSA allows for a state or agency to issue for a retired officer. There is no LEOSA REQUIREMENT. LEOSA merely states that you must cary an ID in order to carry in any state in a retired status but provides NO relief if an agency denies such an ID. So to say the state or agency will face the wrath of the federal governmment is not true. The US Supreme Court has ruled the same in the past. There is no requirement to issue in the LEOSA statutes. Any shall issue law lies at the state level.

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                        • #13
                          Hbliam is correct.
                          Now go home and get your shine box!

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                          • #14
                            I have searched & can't find anything to back this up but I am certain that an agency (in California) does not have to issue a CCW to a medically retired officer who has been on the job less than 10 years.

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                            • #15
                              Originally posted by eaker995 View Post
                              LEOSA allows for a state or agency to issue for a retired officer. There is no LEOSA REQUIREMENT. LEOSA merely states that you must cary an ID in order to carry in any state in a retired status but provides NO relief if an agency denies such an ID. So to say the state or agency will face the wrath of the federal governmment is not true. The US Supreme Court has ruled the same in the past. There is no requirement to issue in the LEOSA statutes. Any shall issue law lies at the state level.
                              I never said an agency "Has" to issue or the Feds would retaliate...see below

                              If the agency previously issued ID cards to retiree's and then STOPPED, Yes my friend the FEDs will not take kindly to that. The agency is, in effect, trying to skirt Federal Law. That's a NO-NO and the Govnment will take the agency to task.
                              Hey Kidd, I've got more time On Meal than you have "On the Job"

                              Comment

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