Orange County Employees Ass'n v. County of Orange
Opinion
Opinion
Crosby, J.
The Orange County Employees Association (OCEA) unsuccessfully sued in declaratory relief, seeking a ruling that the County of Orange and the county’s municipal courts could not preclude certain special sheriff’s officers, deputy coroners, and court service officers from carrying concealed firearms off duty. We reverse with directions to enter judgment for OCEA.
The three employee classifications OCEA represents in this action were established pursuant to Penal Code sections 830.33, subdivision (d) (airport law enforcement officer); 830.35, subdivision (c) (deputy coroner); and 830.36, subdivision (c) (court service officer). Our analysis requires examination of the interplay between these and various other sections of the Penal Code. The first is section 12025. It generally prohibits the carrying of handguns or concealable firearms concealed on the person or in vehicles without a permit.
Another is Penal Code section 12027. As pertinent here, it reads, “Section 12025 does not apply to, or affect, any of the following: (a)(1)(A) Any peace officer, listed in Section 830.1 or 830.2, whether active or honorably retired, other duly appointed peace officers, honorably retired…