Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calguns LEOs
Register FAQ Members List Calendar Mark Forums Read

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

Reply
 
Thread Tools Display Modes
  #1  
Old 10-16-2020, 7:46 PM
ivane068 ivane068 is offline
Member
 
Join Date: Jul 2012
Location: San Diego
Posts: 132
iTrader: 8 / 100%
Default Fed LEO hand gun purchase limit

Are Fed LEOs exempt from the one handgun per 30 day limit? Iíve had turners tell me there is no limit for both state and fed and then the glockstore tell me one per month. Can someone clarify?
Reply With Quote
  #2  
Old 10-16-2020, 10:26 PM
swwee8 swwee8 is offline
Junior Member
 
Join Date: May 2017
Posts: 17
iTrader: 2 / 100%
Default

1 per 30
Reply With Quote
  #3  
Old 10-18-2020, 6:02 AM
Rogue187 Rogue187 is offline
Senior Member
 
Join Date: Feb 2007
Location: Behind Enemy Lines
Posts: 1,090
iTrader: 49 / 100%
Default

Quote:
Originally Posted by swwee8 View Post
1 per 30
Where did you get your information?
Your mistaken and incorrect on this.

Go and read the codes.
Reply With Quote
  #4  
Old 10-18-2020, 6:12 AM
Rogue187 Rogue187 is offline
Senior Member
 
Join Date: Feb 2007
Location: Behind Enemy Lines
Posts: 1,090
iTrader: 49 / 100%
Default

CA Penal Code ß 27535 (2017)
(a) No person shall make an application to purchase more than one handgun within any 30-day period.

(b) Subdivision (a) shall not apply to any of the following:

(1) Any law enforcement agency.

(2) Any agency duly authorized to perform law enforcement duties.

(3) Any state or local correctional facility.

(4) Any private security company licensed to do business in California.

(5) 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 employment as a peace officer.

(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.

(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.

(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

(9) Any 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.

(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.

(11) The replacement of a handgun when the person’s handgun was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.

(12) The return of any handgun to its owner.

(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Reply With Quote
  #5  
Old 10-18-2020, 6:42 AM
ΜΟΛΩΝ ΛΑΒΕ's Avatar
ΜΟΛΩΝ ΛΑΒΕ ΜΟΛΩΝ ΛΑΒΕ is offline
Senior Member
 
Join Date: May 2014
Posts: 661
iTrader: 15 / 100%
Default

To break it down for people, PC27535(a) is the 1 handgun DROS every 30-day rule, which starting July 1, 2021, will become 1 semiautomatic centerfire rifle or 1 handgun DROS every 30 days.

Under PC27535(b)(5), a peace officer as defined under Californian law, is not subject to the 1-per-30-day rule.

Under Californian law, specifically PC830.8, federal law enforcement still have certain powers as officers in California but are not considered peace officers. So federal law enforcement are still subject to 1-per-30-days.
Reply With Quote
  #6  
Old 10-18-2020, 3:19 PM
Rogue187 Rogue187 is offline
Senior Member
 
Join Date: Feb 2007
Location: Behind Enemy Lines
Posts: 1,090
iTrader: 49 / 100%
Default

Quote:
Originally Posted by ΜΟΛΩΝ ΛΑΒΕ View Post
To break it down for people, PC27535(a) is the 1 handgun DROS every 30-day rule, which starting July 1, 2021, will become 1 semiautomatic centerfire rifle or 1 handgun DROS every 30 days.

Under PC27535(b)(5), a peace officer as defined under Californian law, is not subject to the 1-per-30-day rule.

Under Californian law, specifically PC830.8, federal law enforcement still have certain powers as officers in California but are not considered peace officers. So federal law enforcement are still subject to 1-per-30-days.
Sorry, But I think you are incorrect here.

With Gov Newsome signing a bunch of new laws slated to go into effect in 2021.

Under SB 61.

This is the section that allows Federal Officers to purchase more than one in 30 days.

There is another code section that allows Federal Agencies and its personnel to purchase. Your agency must be primarly Law Enforcement.

This is a series of Laws that in conjuction will allow the exemption of the 1 in 30 rule. But if your able to get better clarification.. Please share the info.

CA PC 32000 (b)(4)
Off-Roster
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.


27535. (a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) 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 employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun or semiautomatic centerfire rifle where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun or semiautomatic centerfire rifle when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any handgun or semiautomatic centerfire rifle to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on July 1, 2021.

Last edited by Rogue187; 10-18-2020 at 3:34 PM.. Reason: grammer
Reply With Quote
  #7  
Old 10-18-2020, 3:47 PM
ΜΟΛΩΝ ΛΑΒΕ's Avatar
ΜΟΛΩΝ ΛΑΒΕ ΜΟΛΩΝ ΛΑΒΕ is offline
Senior Member
 
Join Date: May 2014
Posts: 661
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Rogue187 View Post
Sorry, But I think you are incorrect here.

With Gov Newsome signing a bunch of new laws slated to go into effect in 2021.

Under SB 61.

This is the section that allows Federal Officers to purchase more than one in 30 days.

There is another code section that allows Federal Agencies and its personnel to purchase. Your agency must be primarly Law Enforcement.
First, there is a difference between an organization buying multiple handguns and an individual buying multiple handguns. If any member of a law enforcement agency as stated in (a)(2) or (a)(3) is exempt from 1-in-30, then there is no reason to specifically write out (a)(5) for individual peace officers.

As for off-roster purchases, again organizations are different from individuals. Individual officers can buy off-roster because of the sentence, "This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun." But non-sworn employees of law enforcement offices such as a clerical worker in a District Attorney's office or a Sheriff's office cannot buy off-roster.

Second, did you read SB61? Did you see the changes that SB61 made to PC27535? I see nothing in SB61 or in the official bill analyses for SB61 that mention officers of federal agencies in regards to 1-in-30. What I do see is general prohibition for people under 21 to purchase firearms but a a carveout for "An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment" who is between age 18 and age 21 being allowed to purchase firearms.

PC27535, as amended by SB1494 from January 1, 2019 to December 31, 2019, said:

(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) 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 employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun when the person's handgun was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement handgun.
(12) The return of any handgun to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
Penal Code section 27535, as amended by SB61 (2019), as it currently reads, and how it is from January 1, 2020 to July 1, 2021 says:
(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) 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 employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun when the person’s handgun was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement handgun.
(12) The return of any handgun to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
PC27535, as amended by SB61 (2019), will say as of July 1, 2021:
(a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) 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 employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun or semiautomatic centerfire rifle where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun or semiautomatic centerfire rifle when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any handgun or semiautomatic centerfire rifle to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on July 1, 2021.

Last edited by ΜΟΛΩΝ ΛΑΒΕ; 10-18-2020 at 3:51 PM..
Reply With Quote
  #8  
Old 10-18-2020, 8:35 PM
Rhetoric Rhetoric is offline
Junior Member
 
Join Date: Oct 2020
Location: SF Bay Area
Posts: 15
iTrader: 0 / 0%
Default

Quote:
Originally Posted by ivane068 View Post
Are Fed LEOs exempt from the one handgun per 30 day limit? Iíve had turners tell me there is no limit for both state and fed and then the glockstore tell me one per month. Can someone clarify?
Obviously the laws in California don't make any sense as you can see the sparks flying now. Just go back to Turners if you need anything that soon. If the DROS clears. it's yours.
Reply With Quote
  #9  
Old 10-18-2020, 10:32 PM
esy esy is offline
Senior Member
 
Join Date: Apr 2012
Location: NorCal
Posts: 1,026
iTrader: 8 / 100%
Default

Let's put it this way.

I don't and have never needed more than one firearm in less than 30 days. If you do, have your department Chief, Sheriff, etc. write an exemption for you on a department letterhead. All the the LGS I've shopped at allowed me to "buy" more than one firearm at a time and we just DROS'ed one every 30 days. It's pretty simple, really.

The law is mostly for shops and FFLs. One shop interprets it one way and the other interprets it another. It's confusing as you can tell. There are other requirements like buying ammo and magazines from online retailers. I forget the exact verbiage, but it requires a LEO to show they are a full-time peace officer with a signature from the Chief, Sheriff, etc. Many online retailers want a department letterhead. Well, my department ID has all of that and that should suffice. Some retailers believe it suffices and others do not. Pretty simple.
Reply With Quote
  #10  
Old 10-20-2020, 9:25 AM
swwee8 swwee8 is offline
Junior Member
 
Join Date: May 2017
Posts: 17
iTrader: 2 / 100%
Default

Feds arent considered peace officers in CA.

Maybe someone can try and see if DROS passes?
Reply With Quote
  #11  
Old 10-20-2020, 9:33 AM
Rhetoric Rhetoric is offline
Junior Member
 
Join Date: Oct 2020
Location: SF Bay Area
Posts: 15
iTrader: 0 / 0%
Default

You can post this question in the FFL subforum as I bet one of them will know for sure.
Reply With Quote
  #12  
Old 10-21-2020, 7:03 AM
ivane068 ivane068 is offline
Member
 
Join Date: Jul 2012
Location: San Diego
Posts: 132
iTrader: 8 / 100%
Default

Turners said feds where exempt and I was able to dros all three pistols without any issues. Talking to coworkers and they told me the glock store is always behind the curve and just recently began giving us the high cap magazines that come with their guns...
Reply With Quote
  #13  
Old 10-21-2020, 8:03 AM
Hornetsnest Hornetsnest is offline
Member
 
Join Date: Jul 2010
Location: SoCal
Posts: 172
iTrader: 9 / 100%
Default

Quote:
Originally Posted by ivane068 View Post
Turners said feds where exempt and I was able to dros all three pistols without any issues. Talking to coworkers and they told me the glock store is always behind the curve and just recently began giving us the high cap magazines that come with their guns...
I know Im going out on a limb here, but it would just make sense that Fed LEOs are exempt from 1 in 30. Fed LEOs are already exempt from the roster, standard-cap restrictions, and the 10 day wait (with agency-head letter).

However, I think we can all concede that the statue is not clear at all regarding exempting Fed LEOs. Perhaps the Fed LEO exemptions are the CA DOJ management unofficial "interpretation" of the statue....aka statues were poorly written, we are not going after any Feds or FFLs for this, and its not worth the trouble to pass new legislation to update the statues.
Reply With Quote
  #14  
Old 10-21-2020, 9:31 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 40,630
iTrader: 4 / 100%
Blog Entries: 6
Default

Procedural note: once a bill has passed and been 'chaptered', do not refer to the bill language for current law.

Refer only to the sections published at http://leginfo.legislature.ca.gov/faces/codes.xhtml - those will have incorporated the effects of subsequent bills and propositions.

On the topic, see https://oag.ca.gov/firearms/exemptpo for everything except the 1-in-30. Granting that those AG/Firearms pages are often incomplete or out of date, the omission of mention of Federal LE from the 1-in-30 suggests the plain language of 27535, which also omits mention of Federal LE from 1-in-30, is likely correct.

There may be DOJ rulings transmitted to CA FFLs, to which I have no access, that say something different.
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #15  
Old 10-21-2020, 12:00 PM
gumby gumby is offline
Senior Member
 
Join Date: Aug 2007
Location: Westminster, Orange County
Posts: 2,206
iTrader: 88 / 100%
Default

Quote:
Originally Posted by swwee8 View Post
Feds arent considered peace officers in CA.

Maybe someone can try and see if DROS passes?
Deputy U.S. Marshals are. They are the only Fed agency that makes arrests. All others make apprehensions, there is a difference.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 4:33 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2020, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.
Tactical Pants Tactical Boots Tactical Gear Military Boots 5.11 Tactical