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Old 11-20-2013, 15:57   #1
ChiefWPD
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CA laws re: retired cops badge carry

Talking with a friend today. He mentioned there was some regulation in South Carolina and CA in regard the carrying of police look-alike shields, even for retired guys.

Anyone know of any CA law that would prohibit a retired officer from carrying a shield marked "retired" along with their retired ID card and, if appropriate, their LEOSA card?

Thanks,

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Old 11-20-2013, 16:14   #2
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No CA law I'm aware of...............but in a short 12 years I'll know for sure.

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Old 11-20-2013, 17:38   #3
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You know common sense leaves me to believe that if its a real badge being held by a retired officer its not a "look alike".
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Old 11-20-2013, 18:11   #4
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We issue a 'retired' badge along with creds.
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Old 11-20-2013, 18:30   #5
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Thanks guys. I'll pass this along to my friend. He's retired down in North Carolina and there may be some law in South Carolina which makes it a violation to carry a shield if you are no longer an officer. He's checking his end now.

Thanks again,

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Old 11-20-2013, 19:22   #6
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I retired from LAPD in 2005 and they told me nothing about this.

They gave me a real badge marked Retired and a new Id card and said that I should carry these if I was armed. Mainly the retired I.D. card when I carried concealed!

This would be news to me and I really don't think there is any thing about this in California. Maybe unless you are talking about a "look-alike" badge but my badge is a real LAPD retired detective shield.
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Old 11-20-2013, 19:28   #7
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I don't remember anything about badge carry to comply with HR218. I am in TX though. I carry my card and a photo of my qual. On my phone. I have a badge from my old agency but the card is from my last one. I have a generic badge marked TX Peace Ofc. But don't carry it often.
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Old 11-20-2013, 19:38   #8
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I don't remember anything about badge carry to comply with HR218. I am in TX though. I carry my card and a photo of my qual. On my phone. I have a badge from my old agency but the card is from my last one. I have a generic badge marked TX Peace Ofc. But don't carry it often.
HR218 has no badge requirement. Being given one by a dept. is simply a bonus.
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Old 11-20-2013, 22:01   #9
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There is no law regarding a retired officer carrying a badge that looks like a duty badge as long as it says RETIRED or RETIRED + rank on the ribbon.

There is a law about non-sworn carrying any badges that look similar to police badges. There was an issue about some jurisdictions issuing badges to councilmen and city attorneys and city engineers and all that jazz. Some places got around it by issuing a round badge that looks nothing like the shields we carry and displaying the correct title on it.
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Old 11-20-2013, 22:54   #10
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Our department gives people the option of the badge they carried or one with retired on it in a flat badge wallet.
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Old 11-21-2013, 04:46   #11
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http://www.sled.sc.gov/SCStateGunLaws1.aspx

You don't need the badge to carry. I'd have to find the badge laws.
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Old 11-21-2013, 07:43   #12
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Quote:
Originally Posted by GD2J View Post
HR218 has no badge requirement. Being given one by a dept. is simply a bonus.
My "retired" badge (and credentials) from my previous agency is in a shadow box on my wall. That's the best place for it in my opinion. I have a state badge now, but if they give me one when I leave, they will both be in a shadow box.

That's what the LEOSA ID my former agency issued me is for.
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Old 11-21-2013, 12:38   #13
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Regarding California

Retirees are ok in California.

The confusion came from an AG's opinion indicating that under existing law, persons who did not have peace officer powers could not be given badges that resembled police badges. This posed a problem for retirees who were routinely given their badges upon retirement and still carried them because retirees have always been allowed to CCW in California as a matter of law.

In response, the Legislature amended Section 538d of the Penal Code to take care of the retiree issue. It is excerpted below.

Except as provided in subdivision (d), any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of a peace officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a peace officer, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000).

(d) (1) The head of an agency that employs peace officers, as defined in Sections 830.1 and 830.2, is authorized to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. The identification authorized pursuant to this subdivision is separate and distinct from the identification authorized by Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.

(2) If the head of an agency issues a badge to an honorably retired peace officer that is not affixed to a plaque or other memento commemorating the retiree’s service for the agency, the words “Honorably Retired” shall be clearly visible above, underneath, or on the badge itself.
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Old 11-21-2013, 15:44   #14
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L-1
"the head of an agency issues a badge to an honorably retired peace officer that is not affixed to a plaque or other memento commemorating the retiree’s service for the agency, the words “Honorably Retired” shall be clearly visible above, underneath, or on the badge itself."

My Id card and badge just say "Retired" Not Honorably retired.
Is there a difference?. I don't think so.
The largest Police Department in California does it with just the one word "Retired". And make no mistake, I am Honorably Retired!!

They have been doing it this way since Long, Long before 2005, the year I retired, and they still do it this way. As far as I know!!
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Old 11-21-2013, 15:50   #15
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My agency interprets the term "underneath" quite literally. My badge has the word "retired" stamped on the back side.

I think the issue of whether your retirement was honorable or not is tacitly delt with via the CCW endorsement on the ID card.
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Old 11-21-2013, 16:38   #16
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Quote:
Originally Posted by GD2J View Post
We issue a 'retired' badge along with creds.
So do we, and you only get a badge if your honorably retired.


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Old 11-22-2013, 00:40   #17
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my county ave me a retirred badge nd id card, my second agency did also as did my 3d one. it was over 40 yrs when i was done.
i just quall d a week ago and agaion no issues. i carry a retired badge under my shirt in front of the gun and a npther one in my id wallet and have had no issues. i have done it for some years now in many states with no issues
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Old 11-22-2013, 07:12   #18
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Quote:
Originally Posted by collim1 View Post
You know common sense leaves me to believe that if its a real badge being held by a retired officer its not a "look alike".

remember common sense is not too common these days.
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Old 11-22-2013, 08:37   #19
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I think the issue of whether your retirement was honorable or not is tacitly delt with via the CCW endorsement on the ID card.
This is us. We can only retire (regular retire and medical retire) under "honorable" circumstances. If you separate without retiring (ie: resigned, fired, etc...), you don't get an agency ID card.

I have seen some old time detectives who retired and still carry a replica of their detective badge. I can't remember ever seeing any badge that says "Retired." But I have seen many retired cops carry their retired ID card in their old badge case, which retained the imprint of their badge from being carried in it over the many years.
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Old 11-22-2013, 08:40   #20
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After retirement, all I want is an ID. The badge, if any, can stay in a shadow box.
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