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skinlikewinter
05-31-2011, 12:00 AM
I was recently hired as a Reserve Deputy Sheriff working in Northern California and recently built my first AR-15(:D). My question is regarding LEO exemptions to California Assault Weapons Laws. I know I am allowed to possess and carry an AR with High Capacity Mags and no bullet button on duty. Does anyone know of any issues with me transporting the rifle with high-cap mags to and from recreational shooting, or using it at public ranges for recreational shooting, with the high-cap mags and without a bullet button? Should I use a Raddlock and 10 round mags when I am off-duty? Anything else I should know about being a LEO and owning an AR with this configuration? Thank you!!

TRICKSTER
05-31-2011, 12:13 AM
Unless your department gave you an authorization letter and you were able to register your "built" AR as an AW with DOJ ( Something I have never heard of done with a home build) you are not exempt from any AW laws.

skinlikewinter
05-31-2011, 12:45 AM
I suppose I should reword that. I do not believe I am "exempt" from AW laws, but I am able to purchase high capacity mags and obviously cannot use a bullet button with my duty weapon. Should I be using 10 round mags and a bullet button off-duty?

Falconis
05-31-2011, 12:57 AM
Let me see if I can spell this out for you.

If your department issued you an AR for use, use at will. If your department gave you a letter authorizing you to purchase your own personal one, use at will. (both are 30 round mags, etc). No need to put a bullet button on or use 10 round mags.

To be honest, I am not sure how reserves are figured into the AW thing.

For your personal build, keep the bullet button on it at all times and use only 10 round mags.

skinlikewinter
05-31-2011, 1:20 AM
Yea thats why I am asking because nothing really spells out clearly what is ok for reserves. Its a strange area between full time peace officer and civilian. Just to be safe I will probably stick to the "CA Legal" style. Not looking to take any chances.

5968
05-31-2011, 2:26 AM
Yea thats why I am asking because nothing really spells out clearly what is ok for reserves. Its a strange area between full time peace officer and civilian. Just to be safe I will probably stick to the "CA Legal" style. Not looking to take any chances.

I would ask my department for the answer to this.

gngtools
05-31-2011, 5:36 AM
Level 1 and 2 Reserves are included in this exemption as long as they have a Chief's letter authorizing the purchase of the AW. You will need to register the AW with DOJ within 90 days of the purchase. Your build will not qualify unless you got a Chief's letter and used it for the parts, this exemption is intended for complete rifle purchases. You are correct about the high capacity mags, you just need your LE ID to purchase those. And of course, remember the current Attorney General "opinion" is that you have to surrender these rifles at the time of your retirement or separation from LE...

Roddd
05-31-2011, 6:53 AM
I believe it might be 60 days now that you have to register it. If you have a department letter and you mailed your thumbprint and money with all the required paperwork to DOJ, you're good to go.

biochembruin
05-31-2011, 6:57 AM
Answer this question before going any further with your AW plans... has your department given you a physical, official letter, on department letterhead, with your name on it, authorizing you to purchase an assault weapon? If not, you are not in legal possession of an assault weapon.

From your statements, it seems like what you are saying you did was build an off list lower into an assault weapon configuration. I hope to God you did not do this. You must build an off list lower with either a bullet button (in which case you can not use 30 round magazines in it) or you must build it with no features (ie: pistol grip, flash suppressor, etc), in which case you don't need a bullet button and can use your 30 round magazines.

If you built an off list lower into an assault weapon configuration, immediately install a bullet button, or remove the features, or strip it back into a stripped lower, and consult your department regarding the proper way to obtain authorization to purchase an assault weapon and deploy it for duty.

BigDogatPlay
05-31-2011, 11:05 AM
I was recently hired as a Reserve Deputy Sheriff working in Northern California and recently built my first AR-15(). My question is regarding LEO exemptions to California Assault Weapons Laws. I know I am allowed to possess and carry an AR with High Capacity Mags and no bullet button on duty. Does anyone know of any issues with me transporting the rifle with high-cap mags to and from recreational shooting, or using it at public ranges for recreational shooting, with the high-cap mags and without a bullet button? Should I use a Raddlock and 10 round mags when I am off-duty? Anything else I should know about being a LEO and owning an AR with this configuration? Thank you!!

The active LEO ability to buy and register an otherwise banned rifle / carbine does not automatically extend to buying parts and building your own. I'm not aware of any CLEO in California who is authorizing home built ARs for duty use.

If it's the department's rifle, you can transport it and shoot it anywhere your department policy allows. Large capacity magazines are not an issue with the department's rifle.

If you built the rifle yourself from an OLL, and it has any banned features then the following is the case....

** It must have a mag lock of some type, at all times when a center fire caliber upper is installed, otherwise it is an illegal AW, LEO or not.

** A mag locked rifle may not be used with any magazine with a capacity of more than ten rounds. Affixing a capacity > 10 mag to a mag locked rifle = illegal AW, LEO or not. There are some who will tell you that the brass pass will get you past that, but that's not true. PM bwiese if you have specific questions.

** A mag locked gun is worthless on duty. Don't even think about taking it out in the field. Changing out the mag lock to a standard release "on duty" would be triggering exposure to felony charges against you. Don't do it.

Assuming you get your CLEO to sign a letter for you, to purchase a rifle from an FFL with a CADoJ AW permit, you must have the department letter in hand. A copy of it goes with the paperwork. The rifle gets registered to you and it would have a standard mag release and you can use capacity > 10 mags all day long.

Again, swapping out the maglock on a home built, personally owned OLL to a standard mag release would trigger PC 12276 and would be a felony. The rifle can be one, or it can be the other. It can not be both.

At least that's my understanding.

Be very careful discussing this with your department.

center_x
05-31-2011, 1:55 PM
If you buy a lower without a letterhead and use a highcap mag, you are breaking the aw law.

If you are given a letterhead, use whatever mag you want. Dont worry about any mag lock/bb. Keep a copy of your letterhead and receipt of lower and mags with your "service" weapon at all time to clear up confusion.

TRICKSTER
05-31-2011, 2:20 PM
If you buy a lower without a letterhead and use a highcap mag, you are breaking the aw law.

If you are given a letterhead, use whatever mag you want. Dont worry about any mag lock/bb. Keep a copy of your letterhead and receipt of lower and mags with your "service" weapon at all time to clear up confusion.

If he purchased it with letterhead and built it into an AW configuration, it still needs to be registered as a AW with DOJ. Just having a letter from your department is not enough. No mag lock/bb on a non registered AW = kiss your LEO career and maybe your freedom goodbye.

On a side note, does anyone know of any Department that authorizes home builds for duty use?

center_x
05-31-2011, 2:33 PM
Trick....I agree. I went for the quick response hoping to not leave much out. I figured the op would have known. Thanks for the additional clarification.

Ron-Solo
05-31-2011, 4:49 PM
Trickster is 100% on the money on this one, as usual.

Swatter911
05-31-2011, 4:52 PM
If he purchased it with letterhead and built it into an AW configuration, it still needs to be registered as a AW with DOJ. Just having a letter from your department is not enough. No mag lock/bb on a non registered AW = kiss your LEO career and maybe your freedom goodbye.

On a side note, does anyone know of any Department that authorizes home builds for duty use?

DOJ will not allow you to register a homebuilt or converted OLL as a RAW. Last year DOJ came to the conclusion (rightly IMHO) that there is no exception in 12280 et seq that allows a LEO to manufacture an AW.

tenpercentfirearms
06-01-2011, 7:57 AM
If you buy a lower without a letterhead and use a highcap mag, you are breaking the aw law.

Not true. If you build a featureless rifle and do not have a magazine lock on it, then you can use your large capacity magazines to your heart's desire.

45DAVID1
06-01-2011, 8:02 AM
If he purchased it with letterhead and built it into an AW configuration, it still needs to be registered as a AW with DOJ. Just having a letter from your department is not enough. No mag lock/bb on a non registered AW = kiss your LEO career and maybe your freedom goodbye.

On a side note, does anyone know of any Department that authorizes home builds for duty use?

Yes, I do. The only requirement is the reciever/lower is one of the few companies the department rangemaster has approved, it is registered as an AW with the State, the rifle is on department letterhead and the officer is able to qualify on said rifle.

RoyBatty
06-02-2011, 8:34 PM
12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

The only way for a LEO to have a reg AW is to buy it on letterhead from an AW dealer..you cannot build it from a lower that would be illegal...

red_star_republic
06-04-2011, 9:45 PM
I would have just asked the range master or reserve cordinator or even another deputy you ride with. They might be able to provide you some "good" information

But that's just me