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  #41  
Old 10-21-2010, 11:03 PM
jtmkinsd jtmkinsd is offline
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Originally Posted by Librarian View Post
True, but that doesn't quite answer my question. PC 71 is strictly a California law. If convicted under that CA law, does Federal law 18 USC 926C - remembering that 18 USC 926C (c)(7) disqualification refers to Federal law only - still allow that unfortunate retired LEO to carry concealed?
Yes he can still carry..."Notwithstanding any other provision of the law of any State". On a Federal level he is not a prohibited person. But...he would have to carry only what he's got...the DROS system would boot him...It would be up to him to file suit against DOJ in Federal court to be able to purchase a gun in CA under Title 18...or get a second residence in another State.

Keeping in mind he must be able to satisfy all the requirements and proofs required by the LEOSA...and the State could make that very difficult.

Last edited by jtmkinsd; 10-21-2010 at 11:07 PM..
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  #42  
Old 10-23-2010, 6:41 AM
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tenpercentfirearms tenpercentfirearms is offline
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One would think that when DOJ sees the X-33 exemption and the off list handgun, they would kick back the paperwork and not allow the handgun to be delivered after the 10 day wait.
Not unless they set up a protocol to check for that through the background check process, which I doubt they have. The only person that is probably going to catch it is an auditor after they come into the shop. Even then they might not catch it or they might not care.

If FFLs have been doing it and getting away with it, then the DOJ might not care or it might not be worth fighting over. That is a very real possibility.

As far as my reading of the law, it is a crime for an FFL to do this. We are all adults and have to make our own decisions. I have made up my mind not to sell retired LEOs non-rostered handguns and my counsel has suggested the same.

Here's to one day soon never having to worry about this stupid roster for anyone ever again!
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  #43  
Old 10-23-2010, 9:52 AM
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bshnt2015 bshnt2015 is online now
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Thanks for the information, one of recently retired was just asking the same question.
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  #44  
Old 10-23-2010, 11:07 AM
jtmkinsd jtmkinsd is offline
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Here's to one day soon never having to worry about this stupid roster for anyone ever again!
AMEN!
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  #45  
Old 10-23-2010, 11:25 AM
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AMEN!

AGREED.
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