Rule 560-2-1-.05 - Retention of Weapon and Badge Upon Retirement(1) Upon service retirement from the Department under honorable conditions, a special agent or enforcement officer who has accumulated a minimum of twenty-five (25) years of service as a law enforcement officer with the Department will be eligible to retain his or her Department-issued handgun, badge, and a "retired" Department Identification Card as part of their compensation.(2) When a special agent or a sworn enforcement officer separates from the Department as a result of disability arising in the line of duty in performance of official duties, the special agent or enforcement officer will be eligible to retain his or her weapon, badge and a "disability" Department Identification Card as part of their compensation. The term "disability" shall mean an impairment that prevents a person from working as a law enforcement officer.(3) A special agent or enforcement officer who is eligible to retain his or her weapon, badge, and "retired" or "disability" Department Identification Card shall file a request in writing with the Commissioner as soon as the date of separation is known. The request shall include the law enforcement officer's or special agent's full name, Employee Identification Number, Social Security Number, badge number(s), the make, model and serial number of the weapon, dates of creditable service, and residential address. If available at the time of application, a copy of the qualifying retirement or disability documentation shall also be attached to the request.(4) The Commissioner shall evaluate the conditions of departure prior to approving or denying the request. The request may be denied if:(a) The special agent or enforcement officer does not have twenty-five (25) years of creditable service at time of retirement;(b) The special agent or enforcement officer does not retire under honorable conditions;(c) The special agent or enforcement officer separates from the Department for reasons other than retirement or disability arising out of performance of official duties;(d) The employee is approved for disability retirement for reasons of mental instability;(e) The employee is separated from the Department pending a disciplinary action; or(f) The issuance of the firearm would be deemed contrary to the public safety and welfare.(5) The Commissioner shall keep all approved requests and such other documentation as may be required concerning disposal of the weapon, badges, and Department Identification Card on file in perpetuity.(6) The Commissioner shall not be responsible for any liability associated with providing such weapon to the special agent or enforcement officer pursuant to Title 3 and Title 48. (a) The Commissioner shall not be responsible for the continued training or qualification of the special agent or enforcement officer with the weapon provided pursuant to Title 3 and Title 48.Ga. Comp. R. & Regs. R. 560-2-1-.05
O.C.G.A. §§ 3-2-2, 3-2-30, 48-2-12.
Original Rule entitled "Department" adopted. F. and eff. June 30, 1965.Repealed: F. May 5, 1982; eff. May 25, 1982.Amended: New Rule entitled "Retention of Weapon and Badge Upon Retirement" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.Amended: F. May 31, 2023; eff. June 20, 2023.