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View Full Version : LEO exempt from 1 in 30? son was told he had to wait?


brianm767
09-27-2010, 8:47 PM
My son is a LEO, he recently purchased a P380 and was thinking about buying another pistol , both he and I were under the impression that he was exempt from the 1 in 30 from a dealer since he is a full time LEO and carries a weapon daily for his work, dealer told him he had to wait 30 days from the first DROS and he was not exempt? are they wrong, or are we reading the DOJ's laws wrong?

Also still having a problem finding a dealer to do an interstate intrafamily transfer from my daughter to me of an off list pistol, dealers keep telling me it's not legal, has to be on roster? I even politely asked a dealer to call DOJ and ask if this type of transfer was roster exempt, he just said he knew what he was doing and I didn't know what I was taking about, another dealer also said he believed it was not legal, but said he would check into it for me.

I also have a C&R, is it worth it to get a COE? I'm not even sure how to get one and just what it's good for, I've never even used my C&R and I've had it for awhile.

Ron-Solo
09-27-2010, 9:45 PM
My son is a LEO, he recently purchased a P380 and was thinking about buying another pistol , both he and I were under the impression that he was exempt from the 1 in 30 from a dealer since he is a full time LEO and carries a weapon daily for his work, dealer told him he had to wait 30 days from the first DROS and he was not exempt? are they wrong, or are we reading the DOJ's laws wrong?

The dealer was mistaken

Also still having a problem finding a dealer to do an interstate intrafamily transfer from my daughter to me of an off list pistol, dealers keep telling me it's not legal, has to be on roster? I even politely asked a dealer to call DOJ and ask if this type of transfer was roster exempt, he just said he knew what he was doing and I didn't know what I was taking about, another dealer also said he believed it was not legal, but said he would check into it for me.


Check the FFL forum and see if you can find a dealer who understands the exemptions. Your dealers are mistaken

I also have a C&R, is it worth it to get a COE? I'm not even sure how to get one and just what it's good for, I've never even used my C&R and I've had it for awhile.

If AB962 goes fully into effect in February the C&R + COE will allow you to get handgun ammo by mail order providing you can find a supplier who understands the law. Also, the C&R + COE also exempts you from the 1 in 30 days handgun restriction.



Here is the link to the COE application from CA DOJ:

http://ag.ca.gov/firearms/forms/pdf/coeapp.pdf

tenpercentfirearms
09-27-2010, 10:30 PM
Drive on down to Taft. I will take care of you. LEOs are exempt and as long as your daughter sends a disclaimer letter with the intrafamilial transfer, I know it is all legit.

Munk
09-29-2010, 12:24 AM
Disclaimer: I'm not an FFL but I run into them while I drool over things i'd love to (and sometimes DO) buy.

he just said he knew what he was doing and I didn't know what I was taking about,
This is the wrong response to a legitimate question, unless he was in the absolute right, and even then, he should be able to tell you WHY you are mistaken
I'd wager this guy was employed by an FFL, but doesn't hold his own


another dealer also said he believed it was not legal, but said he would check into it for me.
This is the CORRECT response when someone presents you with an unusual sitation and there's profit to be had if things MIGHT be OK

And i'd wager this guy held his own FFL


Everything i've read of the various FAQs and such from CGF says you're totally good to go from a legal standpoint. The problem is, many dealers just have no idea how to handle this, or their employees that you're talking to have no idea. When in doubt, ask for the FFL holder at the store if it's a small store, or a manager if it's a chain store.

Sometimes it's not worth beating your head against the wall when talking to the stubborn who refuse to learn.

There are many friendly FFLs around, especially on Calguns, and some that have NO IDEA what Calguns is. All of these friendlys either already know what's good to go, or are willling to look into it and make it happen if it is.

jtmkinsd
09-29-2010, 1:17 AM
My son is a LEO, he recently purchased a P380 and was thinking about buying another pistol , both he and I were under the impression that he was exempt from the 1 in 30 from a dealer since he is a full time LEO and carries a weapon daily for his work, dealer told him he had to wait 30 days from the first DROS and he was not exempt? are they wrong, or are we reading the DOJ's laws wrong?

Also still having a problem finding a dealer to do an interstate intrafamily transfer from my daughter to me of an off list pistol, dealers keep telling me it's not legal, has to be on roster? I even politely asked a dealer to call DOJ and ask if this type of transfer was roster exempt, he just said he knew what he was doing and I didn't know what I was taking about, another dealer also said he believed it was not legal, but said he would check into it for me.

I also have a C&R, is it worth it to get a COE? I'm not even sure how to get one and just what it's good for, I've never even used my C&R and I've had it for awhile.

Here's the law for your son:

CA PC section 12072(a)(9)

(9) (A) No person shall make an application to purchase more than
one handgun within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in
California.
(v) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of his or her employment as a
peace officer.

264Grendel
09-29-2010, 6:08 AM
I'm pretty sure you need letterhead from your department.

sniper5
09-29-2010, 6:15 AM
Regardless of law, and to CYA against any litigation, and for some as a matter of principle some dealers will not give LEO's any exemption from existing restrictions without department letterhead. So no mags above 10 rounds, no AR's, no exemption from 1 in 30, 10 day wait. Their business, their rules. Your son could try another shop.

tenpercentfirearms
09-29-2010, 7:07 AM
I'm pretty sure you need letterhead from your department.

Negative.

http://ag.ca.gov/firearms/exemptpo.php

Effective immediately, peace officers who have legislative authority to carry and use firearms may, without a letter signed by the head of their agency or the agency head's designee, purchase non-rostered handguns and/or large capacity magazines. The peace officer must present a valid peace officer identification card and the dealer must retain a copy of the identification card on file. (PC 12132 & 12133). A letter is still required from the head of the agency to exempt the peace officer from the ten day waiting period. (PC 12078).

Well that isn't it. That is only for non-roster and large capacity magazines.

However, jtmkinsd links to the PC above that clearly states a properly identified officer is exempt. Their ID is sufficient for me.

jtmkinsd
09-29-2010, 9:37 AM
I'm pretty sure you need letterhead from your department.

Letterhead is only required for instant pick ups (10 day wait exemption)...Non-roster, high cap mags, 1 in 30 exemption, only need to keep a copy of their work ID for these exemptions...Granted, some FFL's may want the letter...but it's not required.

brianm767
09-29-2010, 7:32 PM
Thanks for the reply's, I knew we weren't reading the regs wrong. we are aware of the letter head to wave the ten day wait, but my kid never does that, he waits the ten days, he says it's a pain in the $#@ to get one, and it takes over a week any ways.

Ron-Solo
09-29-2010, 8:12 PM
I'm pretty sure you need letterhead from your department.

Nope. Just photo LE Identification