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  #1  
Old 11-29-2018, 9:35 AM
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Default Out of State Retirees

I'm planing to move to AZ next month, but will be back in CA due to family & friends. For those that were active LEO and retired out of state, I had a few questions for you.

Do you keep-up on your dept.'s (or States) requirement for CCW in CA? Are we even eligible anymore if we're not a resident of CA? I'm assuming most would keep-up on there HR 218 requirement.

As retired LEO's, we can keep Hi-caps in CA. But since I won't be a resident anymore, can I bring hi-caps back into the state with my CCW?

What about CCWing in CA a gun you bought out of State that isn't registered to you in CA or on the roster? I know guns are supposed to be registered to you that you CCW. Not sure how that works with LEO Retirees.

And registered AW's? Although registered in CA, I'm assuming once you're no longer a resident, you can't bring these back into CA?

Any other insight you want to share?

Thanks.
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  #2  
Old 11-29-2018, 2:31 PM
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Originally Posted by Dump1567 View Post
I'm planing to move to AZ next month, but will be back in CA due to family & friends. For those that were active LEO and retired out of state, I had a few questions for you.

Do you keep-up on your dept.'s (or States) requirement for CCW in CA? Are we even eligible anymore if we're not a resident of CA? I'm assuming most would keep-up on there HR 218 requirement.

you should keep up,with your Department’s CCW requirements, mine (LASD) requires me to renew every 5 years. With the annual LEOSA qualification, it’s good in all 50 states. If you rely on a state CCW for carry, it isn’t going to be good if you visit California. Arizona doesn’t require a permit to carry in most places.

As retired LEO's, we can keep Hi-caps in CA. But since I won't be a resident anymore, can I bring hi-caps back into the state with my CCW?

If you lawfully purchased/possessed them in California, you can bring them back with you. I go back and forth all the time, but not with ones I bought in Arizona.

What about CCWing in CA a gun you bought out of State that isn't registered to you in CA or on the roster? I know guns are supposed to be registered to you that you CCW. Not sure how that works with LEO Retirees.

The roster only applies to the purchase of a gun thru a dealer, not possession. There is no requirement that guns be “registered” to you in California. Some California issuing CCW agencies require a record of ownership in AFS to the person receiving the CCW permit. DROS records are not a true registration, but many incorrectly assume that it is registration.

And registered AW's? Although registered in CA, I'm assuming once you're no longer a resident, you can't bring these back into CA?

Once an AW is registered to you, you can lawfully possess it. State residency was only required for the initial registration. Keep it registered and you’re good to go.

Any other insight you want to share

check with your agency regarding their procedures to keep your credentials current.

Thanks.
Most California LE retirement ccw has to be renewed every 5 years. LASD doesn’t require any qualification outside of LEOSA requirements.

Retirement is everything it’s cracked up to be.........freaking awesome!
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Last edited by Ron-Solo; 11-29-2018 at 2:37 PM..
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  #3  
Old 11-29-2018, 2:47 PM
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I thought CA required a gun to be registered (or DROS'd) to the person CCWing it, or it's a misdemeanor?
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Old 11-29-2018, 3:31 PM
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I thought CA required a gun to be registered (or DROS'd) to the person CCWing it, or it's a misdemeanor?
I thought it was only a violation if in possession while committing another crime.

At least that is how it was done when I was working as a cop. I will have to admit I did not verify my answer to be inline with current law.

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  #5  
Old 11-29-2018, 5:38 PM
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PC 25850(c)(6) is possession of a firearm not registered to them. It’s a wobbler.

That goes out the window for spouses though. So, it depends on who’s gun it is.
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  #6  
Old 11-30-2018, 2:12 AM
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So my brother retired 830.1 and moved to NV. He was told by both his now x—agency and where he quals for HR218 and his old department, that since he no longer is a resident in Commifornia, he can only carry 10-rnd mags or less when he visits here. ??? So what gives? Bad info he’s getting? I haven’t researched it in detail because I’m not quite retired yet. Everyone always seems to have a different answer.


He doesn’t really care though because he usually just ccw’s a S&W Shield (low cap mags).
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  #7  
Old 11-30-2018, 6:14 AM
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Originally Posted by TrailerparkTrash View Post
So my brother retired 830.1 and moved to NV. He was told by both his now xóagency and where he quals for HR218 and his old department, that since he no longer is a resident in Commifornia, he can only carry 10-rnd mags or less when he visits here. ??? So what gives? Bad info heís getting? I havenít researched it in detail because Iím not quite retired yet. Everyone always seems to have a different answer.


He doesnít really care though because he usually just ccwís a S&W Shield (low cap mags).
I believe thatís bad info. At least how Iíve read the laws and others like Ron or RickD who have a much better grasp than I do.
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Old 11-30-2018, 9:01 AM
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I'm not positive that the current version of the law provides an exemption for retiree's to bring LCM's into Ca.

32406. Subdivision (c) of Section 32310 does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired,

I could be way off but, I don't think we're covered any longer if we take LCM's out of state and come back with them.
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  #9  
Old 11-30-2018, 9:09 AM
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I've made my G26 my travel gun, so I could just as easily use 10 rounders when I come back to CA.
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Old 11-30-2018, 10:40 AM
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I'm not positive that the current version of the law provides an exemption for retiree's to bring LCM's into Ca.

32406. Subdivision (c) of Section 32310 does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired,

I could be way off but, I don't think we're covered any longer if we take LCM's out of state and come back with them.
P5Ret, going by 32406 and 32310, it seems like retired LEO is good to go.

32310(c) states that any person having it would be an infraction and 32406 states that 32310(c) does not apply to retired LEO.
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Old 11-30-2018, 11:01 AM
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Originally Posted by esy View Post
P5Ret, going by 32406 and 32310, it seems like retired LEO is good to go.

32310(c) states that any person having it would be an infraction and 32406 states that 32310(c) does not apply to retired LEO.
esy,

That's cool, but where is the source of exemption from 32310(a) PC for a retired LEO?
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Old 11-30-2018, 11:28 AM
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esy,

That's cool, but where is the source of exemption from 32310(a) PC for a retired LEO?
Hmm, good catch. I didn’t even bother to look at (a). I’ll keep trying to weed through the CA garbage.

My guess is that you’ve already done so, Rick, so I’d definitely defer to you.

EDIT: The trouble I’m having with the 32406 exemption to 32310(c) and this particular scenario of OP’s is that it would read that a retired LEO is not exempt from (a). I get that part. However, in the OP’s scenario or suggestion that if he had already owned the standard or high cap mags whilst working as a CA LEO, that it’s not importing per the actual definition. Importing would be bringing the mag into CA if purchased outside of CA and not one that was simply taken out and brought back. How one could prove that a mag was a CA mag or not would be the ultimate decider.

That’s how I’m understanding it. Thoughts, Rick?

Last edited by esy; 11-30-2018 at 11:38 AM..
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Old 11-30-2018, 12:16 PM
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Hmm, good catch. I didnít even bother to look at (a). Iíll keep trying to weed through the CA garbage.

My guess is that youíve already done so, Rick, so Iíd definitely defer to you.

EDIT: The trouble Iím having with the 32406 exemption to 32310(c) and this particular scenario of OPís is that it would read that a retired LEO is not exempt from (a). I get that part. However, in the OPís scenario or suggestion that if he had already owned the standard or high cap mags whilst working as a CA LEO, that itís not importing per the actual definition. Importing would be bringing the mag into CA if purchased outside of CA and not one that was simply taken out and brought back. How one could prove that a mag was a CA mag or not would be the ultimate decider.

Thatís how Iím understanding it. Thoughts, Rick?
esy,

You're quite correct that California's laws can be really difficult to parse through, and they often produce some counter-intuitive results.

I don't follow changes in California law a closely as I used to. I'm now retired and I left the state a few minutes after retiring.

There used to be a clear exemption from 32310(a) for all persons who lawfully possessed a large-capacity magazine to remove it from the state, and then return with it. I can no longer find that exemption, and suspect that it went away with SB 1446.

That leaves open the question of whether a person, under these condition is "importing" the magazine. I suspect that a California court would answer the question in the affirmative, particularly since prior statutes provided an exception for such "importation."

By my personal opinion don't count for nothing in the grand scheme of things. It's what an Appellate Court would rule that really counts.
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Old 11-30-2018, 1:00 PM
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There used to be a clear exemption from 32310(a) for all persons who lawfully possessed a large-capacity magazine to remove it from the state, and then return with it. I can no longer find that exemption, and suspect that it went away with SB 1446.
Correct, that exemption was stricken.
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Old 11-30-2018, 1:02 PM
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I'm curious as to which agency or reasonable officer would enforce upon a person not committing a crime in the Mala in Se variety.

PC 4, right, folks?
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Old 11-30-2018, 1:45 PM
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I'm curious as to which agency or reasonable officer would enforce upon a person not committing a crime in the Mala in Se variety.

PC 4, right, folks?
PC 4 has been taking a real beating over the past couple of years.

Having noted that, LEO's also enforce Mala Prohibitum laws, consistent with PC 4, where there is legitimate purpose to be served by doing so.
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Old 11-30-2018, 3:40 PM
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This is the same issue I see with registered AW's. I've removed them from the State and am no longer a resident. If I move back 2 years later & bring these AW's, wouldn't I be importing into the State? I'm a "new resident" now, and can't see the DOJ allowing a past registration to stand?

I would assume the same thing with all my other non AW guns whether originally DROS'd in CA or not. I would need to fill out a "new resident" registration form. And I wouldn't be able to do that with my AW's as they would no longer be allowed here (unless modified).

Not that I ever want to come back, but you never know what life has for you.
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Last edited by Dump1567; 11-30-2018 at 3:43 PM..
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Old 12-04-2018, 2:25 PM
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Originally Posted by Dump1567 View Post
I'm planing to move to AZ next month, but will be back in CA due to family & friends. For those that were active LEO and retired out of state, I had a few questions for you.

Do you keep-up on your dept.'s (or States) requirement for CCW in CA? Are we even eligible anymore if we're not a resident of CA? I'm assuming most would keep-up on there HR 218 requirement.

As retired LEO's, we can keep Hi-caps in CA. But since I won't be a resident anymore, can I bring hi-caps back into the state with my CCW?

What about CCWing in CA a gun you bought out of State that isn't registered to you in CA or on the roster? I know guns are supposed to be registered to you that you CCW. Not sure how that works with LEO Retirees.

And registered AW's? Although registered in CA, I'm assuming once you're no longer a resident, you can't bring these back into CA?

Any other insight you want to share?

Thanks.
If you live in Arizona the AZ DPS has a program where you can qualify yearly in AZ and the DPS will issue you a HR218 qualification card.

This means you don't have to go back to your agency and requalify yearly.

You are not "CCWing" you are carrying and in compliance with HR218. So Calif or any other state cannot require you to carry a pistol which is "registered" in that state.

Arizona doesn't care about what gun you carry, as it's not listed on the HR 218 qualification card. The only restrictions are revolver and or Semi-auto.

If you qualify with only a semi, you can't carry a revolver, and vice versa. If you qualify with both they are both listed on your card.

As for your registered AW's why would you want to bring them back to CA? Even though your "registration" would still be valid. Transportation laws would still apply, so it's not worth it to transport them back.

As for LCM's, just buy a pistol which doesn't use them... Otherwise there could be an issue in some states.

Here is a link to the AZ DPS site related to HR218
https://www.azdps.gov/services/public/cwp
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