PDA

View Full Version : LEO and Firearm Exemptions


LloydXmas250
10-30-2010, 12:41 AM
I know that if you are an LEO in CA then you are exempt from rules like CCW w/o a permit and hi-caps and so on. My question is that once you're out of law enforcement, are you now required to abide to CA law regarding firearms again? Just curious. It would seem weird to be able to buy hi-cap mags and then if you stop law enforcement for a change or retire that you would have to get rid of those.

RollingCode3
10-30-2010, 12:48 AM
When you are out of the LE field, no more ccw for you without a permit, no more exempt from anything but you still get you keep all your off roster guns and hi cap mags. So stock it up while you can. :)

randy
10-30-2010, 1:53 AM
If you retire from LE you are given a 50 state permit with some qualifications that I'm too tired to think about. You cannot buy more hi caps and you must abide by the handgun roster.

I don't know if you can keep your ar without a BB.

OleCuss
10-30-2010, 5:38 AM
If you personally owned it prior to retirement as an LEO, it will still be legal for you to own after retirement. Stock up on anything you want prior to your retirement.

Run your "Assault Weapons" through the AW guide to make sure it is compliant with all laws - but if as an LEO you registered an AW - you're just good to go!

And thank you for your protecting and serving!

The 50 state permit thing can get weird here in Kalifornia. I believe there are some jurisdictions which refuse to issue the proper ID which will identify you as qualified under LEOSA - but you are entitled to CCW nationwide.

us.marshal
10-30-2010, 6:51 AM
As for 50 state permitting, H.R. 218 - "National Concealed Carry for Cops" has been working since 2004. Need a provision for the long guns now.

BigDogatPlay
10-30-2010, 7:59 AM
It would seem weird to be able to buy hi-cap mags and then if you stop law enforcement for a change or retire that you would have to get rid of those.

Yeah... it's very weird. I have been a big pro 2A guy, on and off the job, my whole life but being out makes me understand all the more just how thoroughly assed up things are here in California.

You don't have to get rid of what you acquired. You just can't buy any more. No off roster, no standard or large capacity mags, etc. etc. etc.

LloydXmas250
10-30-2010, 9:34 AM
I didn't mean to give the sense that I was an LEO, so I apologize for that. The reason I asked is I was selected for pre-employment with the Border Patrol so I was curious for the future.

Good to know you don't have to get rid of hi-caps when you're done but how do you prove that you were once an LEO if another stops you with hi-caps?

IrishJoe3
10-30-2010, 10:01 AM
Good to know you don't have to get rid of hi-caps when you're done but how do you prove that you were once an LEO if another stops you with hi-caps?

You don't. Possesion of high caps isn't illegal.

LloydXmas250
10-30-2010, 10:44 AM
You don't. Possesion of high caps isn't illegal.

I've heard many stories of people being charged with possessing hi-caps. I always thought that you had to have a pre-ban hi-cap mag or have a license to have one.

Librarian
10-30-2010, 10:49 AM
I've heard many stories of people being charged with possessing hi-caps. I always thought that you had to have a pre-ban hi-cap mag or have a license to have one.

Stories ...

Possession and use are not regulated (except large-capacity in a rifle, r/t assault weapon).

See the Wiki article (http://wiki.calgunsfoundation.org/index.php/Large-capacity_magazine_restrictions).

Munk
10-30-2010, 12:36 PM
I've heard many stories of people being charged with possessing hi-caps. I always thought that you had to have a pre-ban hi-cap mag or have a license to have one.

there was a recent thread asking about legal cases related to convictions for hi-caps. There aren't any (that were exclusively hi-cap, it's sometimes a minor charge to go with major violations). And one of the legal folks showed up to tell us that the CGF has defended a few, and they all got a finding of factual innocence (meaning: what they did wasn't a crime).

OleCuss
10-30-2010, 12:44 PM
I didn't mean to give the sense that I was an LEO, so I apologize for that. The reason I asked is I was selected for pre-employment with the Border Patrol so I was curious for the future.

Good to know you don't have to get rid of hi-caps when you're done but how do you prove that you were once an LEO if another stops you with hi-caps?

Nothing wrong with what you said - inappropriate assumption on my part.

Thank you for considering working for the Border Patrol. That can be a tough job. Just consider the ability to buy decent firearms and magazines to be an extra benefit to the job.

And you don't have to prove how, when, or where you got your magazines. The prosecutor has to prove that you acquired them illegally within the last three years (there's a 3 year statute of limitations). Unless you are caught in the act of importing the magazine or manufacturing one you're not likely to be prosecuted (telling them that you are guilty or showing a receipt that proves you broke the law can get you prosecuted).

LloydXmas250
10-30-2010, 12:52 PM
Thanks for all the answers guys. I really hope the Border Patrol job works out. I'm a little worried about the oral interview just cause they don't really explain what they're expecting answer-wise.

As for the hi-caps, it kinda seems like a hassle. You may not have to prove you obtained it illegally but they would which seems like it could possibly get old every time you're confronted over it.

OleCuss
10-30-2010, 1:14 PM
Thanks for all the answers guys. I really hope the Border Patrol job works out. I'm a little worried about the oral interview just cause they don't really explain what they're expecting answer-wise.

As for the hi-caps, it kinda seems like a hassle. You may not have to prove you obtained it illegally but they would which seems like it could possibly get old every time you're confronted over it.

Most LEO's really don't care if you've got 10+ round magazines and won't hassle you. But if you're someone they think is a bad actor they'll start trying to make a case against you.

But mostly you really just shouldn't worry about 10+ magazines:
1. If you get the Border Patrol job I believe it will be perfectly legal for you to be acquiring them for years and your ID means no one is going to hassle you over your weaponry and/or accessories for years.
2. Given a few months or years there should be another perfectly legal avenue for almost everyone (maybe everyone) to legally obtain 10+ round magazines within California. I think CGF has about three different likely routes to achieving this but they're not telling us what they are (likely for very good reason).

So, good luck with the job and enjoy having decent weaponry.

Digital_Boy
10-30-2010, 1:24 PM
Thanks for all the answers guys. I really hope the Border Patrol job works out. I'm a little worried about the oral interview just cause they don't really explain what they're expecting answer-wise.

As for the hi-caps, it kinda seems like a hassle. You may not have to prove you obtained it illegally but they would which seems like it could possibly get old every time you're confronted over it.

I'm scheduled to interview soon, and for what it's worth, having passed an oral interview for SD Marshall's office waaay back when (probably a mistake to not pursue a position, but that was then, this is now), I'd say it'd behoove you to find an hour of quiet time and think about how you'd answer a few questions:

why do I want to join Border Patrol?

what do I believe I'd do if I were in a situation where I might have to discharge a firearm at another human being?

how do I react to a person or persons yelling obscenities at me and making crude remarks about my mother, father, brother(s), sister(s) and so forth simply because I'm wearing the uniform and guarding a specific checkpoint or stretch of land?

how would I handle it if a shopkeeper or merchant offered to waive my bill or offer preferential treatment simply because I was in uniform?

These are the types of questions I can recall off the top of my head. I would recommend being honest and give each question some thought before answering. Don't worry about making the interviewing agents annoyed by not snapping off an instant answer, it's a long interview because the agents are going to be thorough, and if you try to rush through it, you'll only end up hurting your chances.

LloydXmas250
10-30-2010, 3:46 PM
I'm scheduled to interview soon, and for what it's worth, having passed an oral interview for SD Marshall's office waaay back when (probably a mistake to not pursue a position, but that was then, this is now), I'd say it'd behoove you to find an hour of quiet time and think about how you'd answer a few questions:

why do I want to join Border Patrol?

what do I believe I'd do if I were in a situation where I might have to discharge a firearm at another human being?

how do I react to a person or persons yelling obscenities at me and making crude remarks about my mother, father, brother(s), sister(s) and so forth simply because I'm wearing the uniform and guarding a specific checkpoint or stretch of land?

how would I handle it if a shopkeeper or merchant offered to waive my bill or offer preferential treatment simply because I was in uniform?

These are the types of questions I can recall off the top of my head. I would recommend being honest and give each question some thought before answering. Don't worry about making the interviewing agents annoyed by not snapping off an instant answer, it's a long interview because the agents are going to be thorough, and if you try to rush through it, you'll only end up hurting your chances.

Thanks for that help. It will be a benefit for sure. I was expecting questions along those lines but those will make me a bit more prepared.