Stanislaus County Deputy Sherrifs' Assn. v. County of Stanislaus

—The Stanislaus County Deputy Sheriffs’ Association (appellant), on behalf of certain custodial deputies designated as a “peace officer” under Penal Code section 830.1, subdivision (c) (custodial deputies), filed this action in the trial court seeking, among other relief, a judicial declaration that such custodial deputies may lawfully carry concealed firearms while off duty without the necessity of obtaining a permit to carry a concealed weapon. The current practice of Stanislaus County, Stanislaus County Sheriff’s Department, the chief executive officer of Stanislaus County and the Stanislaus County Sheriff (collectively respondents) is to recognize that a custodial deputy may carry a concealed firearm while off duty only if that deputy has first obtained a license or a permit to carry a concealed weapon. Appellant maintains that respondents’ practice does not comport with section 25450, which categorically exempts all peace officers listed in section 830.1 from the prohibition against carrying a concealed weapon. As we explain below, appellant is correct. Accordingly, we reverse the contrary conclusion and judgment of the trial court and remand the matter back to the…