Safe roster leo expemption question

[Bobula]

Anyone know the exact verbage defining the leo exception? A friend of mine works for a port and is sworn under 837pc, instead of 832pc, can he buy non rostered handguns?

[Librarian]

Anyone know the exact verbage defining the leo exception? A friend of mine works for a port and is sworn under 837pc, instead of 832pc, can he buy non rostered handguns?

PC 12125 -- Roster shall not apply to ...

(4) The sale or purchase of any pistol, revolver or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff's official, any marshal's
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or the military or
naval forces of this state or of the United States for use in the
discharge of their official duties. Nor shall anything in this
section prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable of being
concealed upon the person.

[jksupplyco]

Policy Change Regarding State Exemptions for Authorized Peace Officers
Effective immediately, peace officers who have legislative authority to carry and use firearms may, without a letter signed by the head of their agency or the agency head's designee, purchase non-rostered handguns and/or large capacity magazines. The peace officer must present a valid peace officer identification card and the dealer must retain a copy of the identification card on file. (PC 12132 & 12133). A letter is still required from the head of the agency to exempt the peace officer from the ten day waiting period. (PC 12078).

[jksupplyco]

PC 837 is Citizens Arrest. He probably falls under 830.7

830.7. The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
(a) Persons designated by a cemetery authority pursuant to Section
8325 of the Health and Safety Code.
(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.
(c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
that are owned and operated by cities, counties, and cities and
counties, if the facility has concluded a memorandum of
understanding, permitting the exercise of that authority, with the
sheriff or the chief of police within whose jurisdiction the facility
lies.
(d) Employees or classes of employees of the California Department
of Forestry and Fire Protection designated by the Director of
Forestry and Fire Protection, provided that the primary duty of the
employee shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
(e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, if the district has concluded a
memorandum of understanding permitting the exercise of that
authority, with, as applicable, the sheriff, the chief of police, or
the Department of the California Highway Patrol within whose
jurisdiction the district lies. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority to
remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.
(f) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
(g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
(h) Persons regularly employed as investigators by the Department
of Transportation for the City of Los Angeles and designated by local
ordinance as public officers, to the extent necessary to enforce
laws related to public transportation, and authorized by a memorandum
of understanding with the chief of police, permitting the exercise
of that authority. For the purposes of this subdivision,
"investigator" means an employee defined in Section 53075.61 of the
Government Code authorized by local ordinance to enforce laws related
to public transportation. Transportation investigators authorized
by this section shall not be deemed "peace officers" for purposes of
Sections 241 and 243.
(i) Persons regularly employed by any department of the City of
Los Angeles who are designated as security officers and authorized by
local ordinance to enforce laws related to the preservation of peace
in or about the properties owned, controlled, operated, or
administered by any department of the City of Los Angeles and
authorized by a memorandum of understanding with the Chief of Police
of the City of Los Angeles permitting the exercise of that authority.
Security officers authorized pursuant to this subdivision shall not
be deemed peace officers for purposes of Sections 241 and 243.
(j) Illegal dumping enforcement officers, to the extent necessary
to enforce laws related to illegal waste dumping, or littering, and
authorized by a memorandum of understanding with, as applicable, the
sheriff or chief of police within whose jurisdiction the person is
employed, permitting the exercise of that authority. An "illegal
dumping enforcement officer" is defined, for purposes of this
section, as a person regularly employed by a city, county, or city
and county, whose duties include illegal dumping enforcement and is
designated by local ordinance as a public officer. No person may be
appointed as an illegal dumping enforcement officer if that person is
disqualified pursuant to the criteria set forth in Section 1029 of
the Government Code. Persons designated pursuant to this subdivision
may be furnished state summary criminal history information upon a
showing of compelling need pursuant to subdivision (c) of Section
11105.

[Bobula]

Hmmmm I know he carries high caps while working, but check his firearm in and out daily.

[Casual Observer]

Hmmmm I know he carries high caps while working, but check his firearm in and out daily.

high capacity mags are irrelevant to LEO status. There is no law prohibiting ANYONE from owning or using high capactiy magazines, only manufacture, sell, transfer or importation.

[Greg-Dawg]

He should consult with his superiors.

[Rogue187]

If he checks in his firearm daily then he may not be a LEO except on the job...and that may be limited also as to what his authority is and what he can and cannot do.

He should ask his supervisors under what section of the California Penal Code does his authority come from. Also did your friend attend any kind of police academy?

Your description is very vague and doesn't provide any kind of information as to what your friend is qualified under.

[Bobula]

Post graduate and maintains a valid cert

[461]

I would say that if he doesn't know if he's a Peace Officer then he isn't.

[HowardW56]

I would say that if he doesn't know if he's a Peace Officer then he isn't.

DITTO