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  #1  
Old 06-18-2012, 12:44 PM
im4freedom im4freedom is offline
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Default 10 day wait exemptions

Have a question for the studied gun vendors...What LE members are eligible for the 10 day exemption...Are honorably retired LE eligible? I have heard three different opinions in as many days. I thought only active duty L.E. with letter form C/O were 10 day wait exempt. Thanks.
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  #2  
Old 06-18-2012, 1:30 PM
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Quiet Quiet is offline
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Non-FFL dealers that are exempt from the 10 day waiting period:
1. A full time peace officer with department letter. [PC 27650]
2. A person with a Dangerous Weapons Permit. [PC 27665]
3. A 03-FFL with a valid COE when acquiring a C&R firearm. [PC 27670]

No one else is exempt. see below


Penal Code 27650
(a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of firearms made to any person who satisfies both of the following requirements:
(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.
(2) The officer's employer has authorized the officer to carry firearms while in the performance of duties.
(b)(1) 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 duties, and authorizing the purchase or transfer.
(2) 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.
(3) The dealer shall keep the certification with the record of sale.
(4) On the date that the sale, delivery, 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 Section 28160 or 28165.

Penal Code 27665
(a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of a firearm to the holder of a special weapons permit issued by the Department of Justice pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of Division 10.
(b) On the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

Penal Code 27670
(a) The waiting period described in Section 27540 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(2) The sale, delivery, loan, or transfer is made by a dealer.
(3) The sale, delivery, loan, or transfer is made to a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(b) On the date that the sale, delivery, 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 Section 28160 or 28165.
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Last edited by Quiet; 06-19-2012 at 2:01 AM..
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  #3  
Old 06-18-2012, 1:35 PM
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Librarian Librarian is offline
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Quote:
Originally Posted by im4freedom View Post
Have a question for the studied gun vendors...What LE members are eligible for the 10 day exemption...Are honorably retired LE eligible? I have heard three different opinions in as many days. I thought only active duty L.E. with letter form C/O were 10 day wait exempt. Thanks.
PC 26950
Quote:
(a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of firearms made to any
person who satisfies both of the following requirements:
(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.
(2) The officer's employer has authorized the officer to carry
firearms while in the performance of duties.
(b) (1) 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 duties, and authorizing the purchase or transfer.

...
So, no, not retired. Retirees are no longer employed by their agencies, and are not authorized to perform any duties.
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  #4  
Old 06-18-2012, 9:16 PM
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Mssr. Eleganté Mssr. Eleganté is offline
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Quote:
Originally Posted by Quiet View Post
Non-FFL dealers that are exempt from the 10 day waiting period:
1. A full time peace officer with department letter. [PC 27650]
2. A person with a Dangerous Weapons Permit. [PC 27665]
3. A 03-FFL with a valid COE when acquiring a C&R firearm. [PC 27670]

No one else is exempt.
Well, there is one more exemption. An out of state C&R FFL (with no COE) is exempt from the 10 day waiting period when acquiring C&R firearms at a California dealer. [PC 27115]

I know this doesn't pertain to the OP's question about peace officers, but I though it would be helpful to bring up so that you could add a #4 to your list.
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  #5  
Old 06-19-2012, 9:19 AM
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kemasa kemasa is offline
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Quote:
Originally Posted by Mssr. Eleganté View Post
Well, there is one more exemption. An out of state C&R FFL (with no COE) is exempt from the 10 day waiting period when acquiring C&R firearms at a California dealer. [PC 27115]
Interesting, that is the nice thing about this forum as you learn something new every day. I would not have thought that was the case.

I have to wonder if it would apply to someone who has two residences.
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