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  #1  
Old 07-28-2011, 5:03 PM
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eltee eltee is offline
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Default Reserve Officer Status

I searched and found some conflicting answers so I thought I'd ask directly.

As a cop, I was told that unless a person is a "designated Level One" (aka Super Level One) reserve officer with 24 hour status, a reserve officer only has peace officer rights and authority while on duty. That is how my department runs the reserve program.

So, if a reservist is NOT a 24 hr. status member, and is a civilian when off duty is he/she exempt from the roster, the one pistol in 30 days, etc.? Some ID cards don't specify reserve level, some retired cops return as per-diem paid reserve cops, etc.

If a regular reserve cop (not Super Level One) wants to buy off roster handguns or buy a couple of handguns at the same time, etc. and his ID card simply says reserve police officer, will BATFE / Ca DOJ permit that?

Thanks for any help.
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Old 07-28-2011, 5:34 PM
socalblue socalblue is offline
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That is correct - no full time peace officer powers unless a designated Level 1. Will need a CCW for off-duty carry.

Exempt from hi cap mag restriction but not the list or 1 in 30 (unless authorized by department letter).
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  #3  
Old 07-30-2011, 10:06 AM
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eltee eltee is offline
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Thanks, just confirmed what I suspected.
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  #4  
Old 07-31-2011, 12:01 AM
code33 code33 is offline
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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.
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Last edited by code33; 07-31-2011 at 12:08 AM..
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Old 07-31-2011, 5:30 AM
BannedinBritain BannedinBritain is offline
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These arguments are as old as the statutes themselves. The only statement you made that is true is that some reserve officers can get large capacity magazines, but not all reserve officers are entitled to them. Everything else you wrote is not the fact of the matter and is only "argument". If you find someone willing to transfer a non-rostered firearm to you, or sell you multiple handguns in 30 days, or waive the ten-day wait, they are violating the statutes. Reserve officers are not "Full time paid peace officers" in the eyes of CA DOJ.

Quote:
Originally Posted by code33 View Post
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.
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Old 07-31-2011, 7:33 AM
code33 code33 is offline
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Correct, reserves are not full-time paid. No where did I mention that reserves are exempt from the 30-day or 10-day.

I posted the sections for support and clarification.

In the eyes of CA DOJ, "A person who is properly identified as a reserve peace officer is a “sworn peace officer.”"

The exemption sections for large capacity magazines and non-rostered handguns are almost identically worded.
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  #7  
Old 05-14-2012, 12:38 PM
jack & coke jack & coke is offline
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I am a current Level 1 Reserve Officer here with a local agency. I called a local gun store and was told that if I have a letter head from the department that I would be exempt from the 10 day wait period. NOTE, this is for a private party transaction.
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