Concealed Weapon Exception Narrowly Construed.

A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm.  The D.A. appealed, and numerous state law enforcement associations filed amici curiae briefs in support of the appeal. A Penal Code statute [formerly section 12027 and presently section 25450] provides it is not a crime for an honorably retired peace officer to carry a concealed weapon. The appellate court reversed, noting “someone who quits or is fired before retirement age is not an honorably retired peace officer, even when they later reach retirement age and are entitled to collect their pension.”  Gore v. Reisig, as Yolo County District Attorney  (Cal. App. Third Dist.; February 28, 2013) (Case No. C068756).