California Penal Code § 830.3 PC lists which state agencies’ employees are considered peace officers with the authority to arrest suspects who commit dangerous public offenses. That said, only some of these peace officers are authorized to carry firearms.
Legal Analysis
California Penal Code 830.3 PC specifies which state employees are considered “peace officers” for the purpose of:
- performing their primary duty,
- arresting a suspect for a public offense that poses an immediate danger to person or property, or
- assisting during a state or local emergency.
Example: Jake is a fire warden with the Department of Forestry and Fire Protection. Under PC 830.3, he is a peace officer. His primary duty is fire protection, but he also has the authority to apprehend people who committed a crime that poses an immediate danger to person or property.
Not all peace officers may carry firearms under PC 830.3. Anyone employed by the Contractors’ State License Board may not carry firearms. Plus, investigators with the following agencies may not carry firearms.
- Public Employees’ Retirement System
- The Controller
- Secretary of State
- Department of Financial Protection and Innovation
- Department of Managed Health Care
- Investigation Division of the Employment Development Department
- Department of Financial Protection and Innovation
- Departments of Health Care Services,
- Departments of Public Health,
- Department of Social Services,
- Department of Toxic Substances Control,
- Office of Statewide Health Planning and Development.
Peace officers who are authorized by their agency to carry guns must qualify for the use of firearms every six months at least.1
Frequently-asked-questions
When can peace officers make arrests in California?
Peace officers may lawfully arrest you when:
- they have a warrant to arrest you;
- they have probable cause to believe that you committed a public offense in the peace officer’s presence;
- you committed a felony, although not in the officer’s presence; or
- the peace officer has probable cause to believe that you committed a felony, whether or not a felony, in fact, has been committed.2
Do peace officers have to give Miranda warnings when making arrests?
When making an arrest, peace officers do not have to read you your Miranda Rights until if and when they question you, called “custodial interrogation.” In many cases, arrestees are never questioned at all after being apprehended and can bail out within a few hours.3
Does the 10-day waiting period for buying a gun apply to peace officers?
Gun sellers do not have to wait ten days before transferring ownership of a gun to a full-time paid peace officer who is authorized to carry firearms in the performance of their duties. Otherwise, the ten-day waiting period would apply.4
PC 830.3 specifies which peace officers from state agencies can carry guns.
See our related articles on California Penal Code 830.1 PC – Peace Officers with the Sheriff’s Department and Department of Justice and California Penal Code 830.5 PC – Probation and Parole Officers as Peace Officers.
Legal References
- California Penal Code 830.3 PC – Investigators, inspectors, and other employees of specified agencies.
The entirety of the statute reads:
PC 830.3. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Dental Board of California, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code.
(c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1.
(e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code.
(f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code.
(g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care Services, Public Health, and Social Services, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees’ Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of their department or office. Notwithstanding any other law, investigators of the Public Employees’ Retirement System shall not carry firearms.
(i) Either the Deputy Commissioner, Enforcement Branch of, or the Fraud Division Chief of, the Department of Insurance and those investigators designated by the deputy or the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550.
(j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code.
(k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Financial Protection and Innovation designated by the Commissioner of Financial Protection and Innovation, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Financial Protection and Innovation. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(m) Persons employed by the Contractors’ State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than 12 persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other law, the persons designated pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to ensuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery.
(q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(r) The chief, assistant chief, and all security and safety officers of museum security and safety of Exposition Park, as designated by the Exposition Park Manager pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(t)(1) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by their employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency’s policy on the use of deadly force.
(2) Every peace officer authorized pursuant to this section to carry firearms by their employing agency shall qualify in the use of the firearms at least every six months.(u) Investigators of the Department of Managed Health Care designated by the Director of the Department of Managed Health Care, provided that the primary duty of these investigators shall be the enforcement of the provisions of laws administered by the Director of the Department of Managed Health Care. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and investigators of the Office of Protective Services of the State Department of Developmental Services, the Office of Protective Services of the State Department of State Hospitals, and the Office of Law Enforcement Support of the California Health and Human Services Agency, provided that the primary duty of each of those persons shall be the enforcement of the law relating to the duties of their department or office.
See also People v. Keo (Cal. App. 2d Dist. 2019), 253 Cal. Rptr. 3d 57. Pac. Marine Ctr., Inc. v. Silva (E.D. Cal. 2011), 809 F. Supp. 2d 1266. California Horse Racing Bd. v. Workers’ Comp. Appeals Bd. (Cal. App. 3d Dist. 2007), 153 Cal. App. 4th 1169
- California Penal Code 836 PC.
- Miranda v. Arizona (1966) 384 U.S. 436.
- California Penal Code 26950 PC. State Exemptions for Authorized Peace Officers, California Department of Justice.