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-   -   Reserve Officers and California Gun Laws? (http://www.calguns.net/calgunforum/showthread.php?t=692971)

Anchors 01-31-2013 10:34 AM

Reserve Officers and California Gun Laws?
 
Is this information posted by another user correct as far as exemptions for reserve officers?

And do the "level" of reserves (as defined by the department/agency) actually not come into play?

Quote:

Originally Posted by code33 (Post 6871762)
Reserves are roster exempt, doesn't have to be a designated Level 1.
The section (PC 12125(b)(4)) does not make a distinction between full-time paid or reserve.
A reserve is a sworn member of an agency with limited peace officer authority (no peace officer powers off-duty).

When a reserve is off-duty, he/she is still a sworn member of the agency. CA DOJ has acknowledged in a memo regarding large capacity mags that, "A person who is properly identified
as a reserve peace officer is a “sworn peace officer.”" (See page 6 http://www.crpoa.org/pdfs/BACKUP_mag...spring2010.pdf)
PC 12125(b)(4)
The sale or purchase of any pistol, revolver or other firearmcapable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

One handgun per 30-day period exemption applies to "full-time paid"
PC 12072 (9)(B)(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.

10-day wait exemption applies only to "full-time paid"
PC 12078(a)(1):
The waiting periods described in Sections 12071 and 12072 shall not apply to deliveries, transfers, or sales of firearms made to persons properly identified as full-time paid peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, provided that the peace officers are authorized by their employer to carry firearms while in the performance of their duties. Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a peace officer who is authorized to carry firearms while in the performance of his or her duties, and authorizing the purchase or transfer. The certification shall be delivered to the dealer at the time of purchase or transfer and the purchaser or transferee shall identify himself or herself as the person authorized in the certification. The dealer shall keep the certification with the record of sale. On the date that the delivery, sale or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077.

Large capacity magazine exemption applies to reserves who are authorized to carry on duty
PC 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.


IA300 01-31-2013 11:06 AM

Although that is good info, it is a bit outdated as it is from 2010. Before you go forward, I would do a little more research online and/or call the California Reserve POA. I looked in the most recent PC and 12125 no longer exists.
There was a bunch of conversions that were done within the past 18 months or so.
You can check PC 16380, 16900, 17140 and sections 31900 through 32110.
Good luck

code33 01-31-2013 10:51 PM

Hey, someone actually read what I posted... :p

Effective 2012, these sections were renumbered. Here is a document that the CRPOA release to cross reference:
http://www.crpoa.org/pdfs/California...enumbering.pdf

AFAIK, they were renumbered to make it easier to look up since many sections got so long after being appended over time.

code33 01-31-2013 11:55 PM

Updated the Penal Code sections that are referenced
 
Reserves are roster exempt, doesn't have to be a designated Level 1.
The section (PC 32000(a)(4)) (PC 12125(b)(4)) does not make a distinction between full-time paid or reserve.
A reserve is a sworn member of an agency with limited peace officer authority (no peace officer powers off-duty).

When a reserve is off-duty, he/she is still a sworn member of the agency. CA DOJ has acknowledged in a memo regarding large capacity mags that, "A person who is properly identified
as a reserve peace officer is a “sworn peace officer.”" (See page 6 http://www.crpoa.org/pdfs/BACKUP_mag...spring2010.pdf)

PC 32000(a)(4) PC 12125(b)(4)
The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

One handgun per 30-day period exemption applies to "full-time paid"
PC 27535(b)(a)(5):
The person 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.
PC 12072 (9)(B)(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.


10-day wait exemption applies only to "full-time paid"
PC 26950(a)(1):
The person 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.

PC 12078(a)(1):
The waiting periods described in Sections 12071 and 12072 shall not apply to deliveries, transfers, or sales of firearms made to persons properly identified as full-time paid peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, provided that the peace officers are authorized by their employer to carry firearms while in the performance of their duties. Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a peace officer who is authorized to carry firearms while in the performance of his or her duties, and authorizing the purchase or transfer. The certification shall be delivered to the dealer at the time of purchase or transfer and the purchaser or transferee shall identify himself or herself as the person authorized in the certification. The dealer shall keep the certification with the record of sale. On the date that the delivery, sale or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077.


Large capacity magazine exemption applies to reserves who are authorized to carry on duty
PC 32405:
Section 32310 does not apply to 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 that officer's duties.
PC 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.

Anchors 02-05-2013 10:56 PM

Yeah I know about the renumbering, but it is mostly just a renumbering.
I haven't learned the new PC numbers because I already took the time to learn a lot of the old ones haha.

And thanks code33, so nothing much changed other than the PC numbers.

pitbuljake 02-06-2013 9:19 PM

10-day wait exemption applies only to "full-time paid"
PC 26950(a)(1):
The person 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.

I am a former level one reserve peace officer, during my tenure (86-96) I purchased a backup weapon bypassing the 10 day wait with a letter from the chiefs office. I would think you could still do the same today.

code33 02-06-2013 9:35 PM

Perhaps "full-time paid" was not in the code at that time or it slipped through.
Thanks for your years of service.


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