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Old 04-20-2019, 11:32 AM
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Librarian Librarian is offline
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Default LE and selling off-Roster handguns

PC 32000 is the code in question.

This part has been in the code for a long time:
Quote:
(b) This section shall not apply to any of the following:

...

(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.
2016's AB 2165 and then 2018's AB 1872 small amendment at (T) added this part to (b)
Quote:
(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:

(A) The Department of Parks and Recreation.

(B) The Department of Alcoholic Beverage Control.

(C) The Division of Investigation of the Department of Consumer Affairs.

(D) The Department of Motor Vehicles.

(E) The Fraud Division of the Department of Insurance.

(F) The State Department of State Hospitals.

(G) The Department of Fish and Wildlife.

(H) The State Department of Developmental Services.

(I) The Department of Forestry and Fire Protection.

(J) A county probation department.

(K) The Los Angeles World Airports, as defined in Section 830.15.

(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.

(M) A municipal water district for use by a park ranger, as described in Section 830.34.

(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.

(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.

(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.

(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:

(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.

(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.

(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.

(S) A California Community College police department, as described in Section 830.32.

(T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.



(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.

...
Note (c)(1) imposes the enforcement burden on the transferring FFL; how that FFL is supposed to know how the transferor obtained the handgun remains unclear.

However ...

1) This does not apply to rifles or shotguns - it's handguns only.

2) This does not apply to selling ON-Roster handguns.

3) The limitation imposed by (c)(1) applies only to members of agencies listed in (b)(6).

4) all LE may transfer an off-Roster handgun obtained from another CA resident via PPT - that acquisition did not rely on the LE exemption.

5) all LE may transfer an off-Roster handgun obtained via intrafamilial transfer, either instate, using the OPLAW form, or interstate - that acquisition did not rely on the LE exemption.

6) all LE may transfer an off-Roster handgun obtained via inheritance from properly-related family, either instate, using the OPLAW form, or interstate - that acquisition did not rely on the LE exemption.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


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Last edited by Librarian; 04-20-2019 at 11:34 AM..
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