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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #41  
Old 07-08-2012, 11:57 AM
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Unless they caught him actually crossing the border with a hicap magazine, there is no way to prove the crime. Even an admission isn't sufficient to convict. possession is not illegal. You can make all th presumptions and suppositions that you want, but it isn't evidence.

The Hicap laws are so poorly written that they are almost unenforceable. I doubt many cops would waste their time even trying to prove it unless someone is being a jackwagon and begging to go to jail.

This goes for John Q. Public and wall as Johnny Lawman.
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  #42  
Old 07-08-2012, 4:29 PM
Jared1981 Jared1981 is offline
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Where is this nonsense on this page coming from.

LEOSA is very clear on what a firearm is and what is covered. There is no gray area or need for a test case of any sort. If you quality under section c with that type of firearm, then you can carry it, it doesn't matter if it's a Judge or a AR-15. It's a notwithstanding law and it sounds like some people need to be educated on the supremacy clause.

LEOSA does not say handgun, it says "firearm". If you still have no idea then go read Title 18 of the U.S. Code. The only restriction is that it must not be an NFA firearm.

Magazine capacity is silent under LEOSA, so no one knows for sure.

As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.
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  #43  
Old 07-08-2012, 5:24 PM
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Quote:
Originally Posted by Jared1981 View Post
As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.
I'm not sure I'm in agreement with this Jared. Are you honestly saying that you'd scratch both John Q. Public as well as an off duty officer for doing 10 over the speed limit? Or do you sometimes use "officer discretion"? (on both John Q. as well as other officers) I write very few tickets in general (we are not encouraged to at my agency), but have written a ticket for 6 MPH over the limit once. It was not to an officer and in my determination, it needed to be written in the interestes of justice. I have never written an off duty officer for 6 MPH over the limit. If you'd let an officer off and not John Q., then feeling differently about magazine capacity laws would be a double standard.

Now back to "high capacity" magazine laws. I've been a cop for a while now and I have never cited or arrested someone for possession of a high capacity magazine. I just asked my partner, who has been an officer for 25 years, the same question. He hasn't either. In fact we aren't personally aware of any of our coworkers doing it either. Remember, possession of a high capacity magazine alone is not illegal.

Did anyone ever think that the reason the LEOSA is "silent" on magazine capacity is because it's too obvious even to point out? A magazine is part of a firearm. If an off duty officer is allowed to bring a firearm into the state legally, they are allowed to bring in the parts for it. It's not written because it's a given. By the way, they can also bring in the trigger, hammer, and recoil spring guide rod.
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  #44  
Old 07-08-2012, 9:28 PM
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Quote:
Originally Posted by Jared1981 View Post
As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.

I don't want to get into an argument but I smell a fake. I have NEVER heard another cop refer to an arrest as ruining a life. And a real cop would never state "average John Q is supposed to know all the laws." I am a real cop and I don't know all the laws.
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  #45  
Old 07-08-2012, 9:29 PM
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Heck, judges and lawyers don't know the laws either.
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  #46  
Old 07-08-2012, 9:32 PM
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Quote:
Originally Posted by BoulderTroll View Post
I'm not sure I'm in agreement with this Jared. Are you honestly saying that you'd scratch both John Q. Public as well as an off duty officer for doing 10 over the speed limit? Or do you sometimes use "officer discretion"? (on both John Q. as well as other officers) I write very few tickets in general (we are not encouraged to at my agency), but have written a ticket for 6 MPH over the limit once. It was not to an officer and in my determination, it needed to be written in the interestes of justice. I have never written an off duty officer for 6 MPH over the limit. If you'd let an officer off and not John Q., then feeling differently about magazine capacity laws would be a double standard.

Now back to "high capacity" magazine laws. I've been a cop for a while now and I have never cited or arrested someone for possession of a high capacity magazine. I just asked my partner, who has been an officer for 25 years, the same question. He hasn't either. In fact we aren't personally aware of any of our coworkers doing it either. Remember, possession of a high capacity magazine alone is not illegal.

Did anyone ever think that the reason the LEOSA is "silent" on magazine capacity is because it's too obvious even to point out? A magazine is part of a firearm. If an off duty officer is allowed to bring a firearm into the state legally, they are allowed to bring in the parts for it. It's not written because it's a given. By the way, they can also bring in the trigger, hammer, and recoil spring guide rod.
Mags may not be understood because originally ammo was silent, but in 2010,
they added ammo as being preempted because of New Jersey. I tried (and others on this forum) in 2010 to get mags added in, but it was too late. maybe it will be a future amendment.

While I understand your analogy on speeding tickets, enforcing state law isn't covered under my authority. I only deal with certain sections of federal law.

Last edited by Jared1981; 07-08-2012 at 9:43 PM..
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  #47  
Old 07-08-2012, 10:23 PM
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The only restriction is that it must not be an NFA firearm.
Negative, it must only not be a machine gun, destructive device, or suppressor......
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  #48  
Old 07-09-2012, 12:35 PM
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Negative, it must only not be a machine gun, destructive device, or suppressor......
Hmmm, so a short barreled rifle or shotgun would count?
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  #49  
Old 07-09-2012, 2:09 PM
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Yes, I bring my SBR AR into Cali with me all the time.
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  #50  
Old 07-09-2012, 2:41 PM
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John Q here. My guess is the bad guys you have arrested that belong to say zetas or Emmy don't forget and don't live in just one state. I would hope you would be allowed to protect yourself while on vacation. The rub I know of is Canada not California. I hope they enjoy their vacation.

There are a lot of occupations that deal in discretion that doesn't make it good or bad it just happens. Friends son could have gone for a felony at 18 officer let the very small amount of grass blow away while on the hood of his car took the kid home and evaluated parent determined problem would be solved and turned him over to dad. Son was asked if he wanted to go to juvenile hall or home he said juvenile hall Dad is going to kill me.
If that is bad discretion then I hope more of you get it.
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  #51  
Old 07-09-2012, 3:12 PM
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Yes, I bring my SBR AR into Cali with me all the time.
Very interesting. Would you need to get the ATF paperwork to move the gun to a different state? If so, is it much of a hassle?
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  #52  
Old 07-09-2012, 4:25 PM
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No hassle, I have it, just get a new one every year since it's good for 13 months. They don't care if you put CA on it, they say that it is CA's law and not a federal law.
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  #53  
Old 07-09-2012, 4:26 PM
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*12 months... Fat fingered my iPhone...
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  #54  
Old 07-09-2012, 5:02 PM
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Hitman, can you make it open ended for anywhere in the U.S. (since it's LEOSA covered) or do you need one for each state as a destination? Because if I would need one for each state then when I go home to New England, I would need 4 since I visit 4 states.
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  #55  
Old 07-09-2012, 6:53 PM
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I just listed NV, CA, NM, CO, ID, WA, OR and TX on mine; they didn't seem to care.
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  #56  
Old 07-09-2012, 6:59 PM
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IIRC, when you move any NFA firearm across a state line, you need to get the form approved so it sounds like it's per state.

ETA: I guess you can do multiple states on one form, as long as you let them know which states it will be in.
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  #57  
Old 07-09-2012, 8:52 PM
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IIRC, when you move any NFA firearm across a state line, you need to get the form approved so it sounds like it's per state.

ETA: I guess you can do multiple states on one form, as long as you let them know which states it will be in.
AOW & silencer are exempt from the notification/approval though it would be wise to do so to CYA at the state level.
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  #58  
Old 07-09-2012, 9:25 PM
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No need to CYA, it's not even a requirement
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  #59  
Old 07-09-2012, 9:40 PM
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AOW & silencer are exempt from the notification/approval though it would be wise to do so to CYA at the state level.
Didn't know AOW was exempt... but silencers aren't firearms... so that was fine. However, can you bring a silencer into CA? It's not even allowed here as NFA by state regs.
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  #60  
Old 07-09-2012, 10:21 PM
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LEOSA won't help anyone bring in a suppressor..
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  #61  
Old 07-09-2012, 10:23 PM
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Curious on what CGF would say about helping an out of state LEO with legal problems for hicaps/AW/SBR/SBS/AOW issues under LEOSA of it went that far....
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  #62  
Old 07-10-2012, 7:12 AM
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Originally Posted by hitman13 View Post
Curious on what CGF would say about helping an out of state LEO with legal problems for hicaps/AW/SBR/SBS/AOW issues under LEOSA of it went that far....
I'm curious too since at least one of the main CGF guys has made it very clear regarding his disdain for LEO's.
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  #63  
Old 07-10-2012, 8:46 AM
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I'm curious too since at least one of the main CGF guys has made it very clear regarding his disdain for LEO's.
That is very sad to hear.
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  #64  
Old 07-10-2012, 11:23 AM
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Originally Posted by SkyStorm82 View Post
I'm curious too since at least one of the main CGF guys has made it very clear regarding his disdain for LEO's.
This is vague, can you explain? Who said what and what was said.

Last edited by Jared1981; 07-10-2012 at 1:51 PM..
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  #65  
Old 07-10-2012, 2:38 PM
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This is vague, can you explain? Who said what and what was said.
I'm not going to call him out by name but if you knew most of the major CGF players and spend enough time here, it will be easy to figure out.

As far as what was said, it's just numerous posts I've read of his throughout the years.
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Last edited by SkyStorm82; 07-10-2012 at 2:41 PM..
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  #66  
Old 07-12-2012, 10:40 AM
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peace officers are exempt from the magazine limitation in california. I carry a 15 round mag everywhere I go..
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