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View Full Version : Legal opinion needed.


ap3572001
07-05-2011, 9:41 AM
What is a LEGAL way for an LEO to sell/trade pistols with hgih capacity magazines?

Either to another LEO or out of state.

PS. My understanding is that in CA they can't be offered for sale.

Falconis
07-05-2011, 10:17 AM
there is a law enforcement exemption specifically written into the PC

ap3572001
07-05-2011, 10:57 AM
there is a law enforcement exemption specifically written into the PC

Exemption to offer for sale? ( To other LE or out of state)

Falconis
07-05-2011, 11:32 AM
my understanding is that LE personnel can take possession of the magazines in a sale. I would have to read it to fully know what's in it. All of my transactions have taken place at stores, so as far as PPT sales go, I dont know.

Seeming as how there is minimal paperwork that goes into these sales to begin with, I would imagine transferring them to an LEO in a PPT is ok. Again, I would have to research it.

ap3572001
07-05-2011, 11:41 AM
my understanding is that LE personnel can take possession of the magazines in a sale. I would have to read it to fully know what's in it. All of my transactions have taken place at stores, so as far as PPT sales go, I dont know.

Seeming as how there is minimal paperwork that goes into these sales to begin with, I would imagine transferring them to an LEO in a PPT is ok. Again, I would have to research it.

I want to know if its OK for an LEO in Ca to list a pistol on Auction Arms or Guns America with magazines and sell it where legal.

I read the words .... Offer for sale.... in a PC. I just want to be sure.

Falconis
07-05-2011, 11:43 AM
I don't see why not. I may be missing something. We can already PPT pistols here without issue. Granted we can't sell the magazine to civilians in Ca. That's about it.

EDIT: We can't sell high cap mags to civilians in Ca.

ap3572001
07-05-2011, 11:47 AM
I don't see why not. I may be missing something. We can already PPT pistols here without issue. Granted we can't sell the magazine to civilians in Ca. That's about it.

EDIT: We can't sell high cap mags to civilians in Ca.

I know we can't . We can sell them to other LEO's . Or to people in other states where they are legal.

I am wondering about offering/advertising them for sale part.

geeknow
07-05-2011, 12:05 PM
I am wondering about offering/advertising them for sale part.


Pretty sure that the 'LE Exemption' only allows you (LE) to purchase std-cap mags....not offer for sale.

Falconis
07-05-2011, 12:11 PM
Pretty sure that the 'LE Exemption' only allows you (LE) to purchase std-cap mags....not offer for sale.

I am unsure of the LE to LE sale part yes. I am kinda sure we can sell them out of state. Never dealt with this issue before.

Librarian
07-05-2011, 12:26 PM
Unless you are an FFL with a large-capacity mag permit, you are not permitted to offer them for sale. Offering them on Gunbroker or whatever is a no-go.

On a PPT, the odds are small that the violation in transferring would be detected, but LE is not exempt from transferring to others as they are exempt from the FFL-seller limitations on selling them.

See the wiki -- http://wiki.calgunsfoundation.org/index.php/Large-capacity_magazine_restrictions.

Falconis
07-05-2011, 3:30 PM
cool thanks Librarian.

foxracer151
07-05-2011, 3:33 PM
just take them apart and advertise them as parts kits

anyone could keep-have them as parts kits or if you find a LEO buyer they could put them together and have standard cap mags

Notorious
07-06-2011, 12:46 AM
Easiest and surest way to be in compliance is to list rebuild kits along with your firearm that has zero magazines. No muss no fuss.

kemasa
07-06-2011, 8:48 AM
It seems like LEO to LEO would be exempt since the exemption (20) should apply:


12020(b)(20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.


I do not see an exemption for a LEO to sell or offer to sell, so some other exemption has to be in place in order to allow for it, such as to a FFL or to another LEO.

BTW, I talked to the CA DOJ about whether it was legal for a person to sell/offer to sell a high capacity magazine out of state, to which the response was that there was no problem with that, BUT that is NOT what the law seems to say. There could be issues with interstate commerce though.