LEO/AW question...clear up some FUD for me...

[japps]

So I helped a friend who is a LEO build an AR. He ended up finishing the build and has 30 round mags and the standard mag-drop. It's my understanding that he's allowed to purchase the 30 round mags, but that because he didn't purchase the rifle through his department or as a department AW, he has to have a BB if it has evil features (which it does have evil features). And that even though he can buy 30 rounders...he can't use them on his AR...he would have to have a featureless build to use the 30 rounders. Now he could have it all if his chief wrote a letter on department letterhead to the DOJ authorizing the purchase, correct?

Now to complicate matters, he was one of the 80+ officers laid off from Oakland PD last year and now is no longer a LEO...WTF happens with the AR? I told another friend/neighbor who's also a LEO to talk to him because he didn't think it was a big deal because he's hunting for another LEO job.

It's my understanding that a LEO can have an AW if the department justifies it and writes a letter to the DOJ, but that a LEO can't just go out and buy/build a AW and have it just because they're a LEO.

I was REALLY surprised that niether LEO I was talking to knew anything about this...that they just assumed that becasue they are LEO they can have anything.

[Bowser]

LEO or not, if it's not a REG'd AW, it must have a BB and use 10 round mags.

[japps]

yeah, that's how I read it too. Before, I was just taking their word (because they are LEO's...they know the law, right?) Now poking around I read more on this and am shocked that they don't. My guess is that he has to put a BB on and get 10 round mags like now...ASAP.

[Farva]

Yeah, unless the LEO register their AR or go featurelesss they are in the wrong if they dont have a BB.

But im sure a lot of LEOs feel 'above' the law and think they can just slap 30 round mags in their BBed AR, or not even put a BB on featured rifle.

[Grumpyoldretiredcop]

If your friend obtained a letter from his Chief, he could have registered the rifle as an AW.

While a LEO, he could legally purchase magazines >10 rounds.

If the rifle were either properly registered or featureless, he could use magazines >10 rounds. If not, then he could not then and cannot now use them legally in that rifle.

If he did not obtain a letter (and I'd be very surprised if the Chief of Oakland PD would issue a letter for an officer-built rifle, but it could happen), then he has to conform to the Penal Code and install a BB or go featureless regardless of LE standing.

Search around and you'll find a discussion about a recent CA DOJ opinion letter regarding what happens to AWs registered to LEOs post-ban once they retire. It would apply to your friend since he's not presently employed.

It is a big deal since it could affect his ability to get another LE job or stay out of jail. I'd think that was a big deal.

Don't be so surprised that the average LEO isn't fully informed. No one can keep every law in their memory or be an expert on everything and most LEOs in my 20+ years of experience aren't "gun guys". Most LEOs carry a "Ready Ref" for the Penal and other codes for that reason. Don't be afraid to get a reality check on what you're told by anyone.

[dieselpower]

Wrong people...

He can configure the AR15 to be featureless and use 30rd magazines he purchased today if he wants,

LEO are exempt for Large capacity magazine law. As long as he doesn't create an AW (featureless good, fixed magazine bad) he can use them.

The only condition on LEO is they are authorized to carry a firearm while on duty. If they carry a firearm in the course of their duties, they are allowed to manufacture and (presumably use) large capacity magazines on or off duty.

Exception (30) (A)(B)&(C) of large capacity magazine law.

[SJgunguy24]

So I helped a friend who is a LEO build an AR. He ended up finishing the build and has 30 round mags and the standard mag-drop.

Not to be a dick but you just admitted to felony manufacturing of an AW.

It's my understanding that he's allowed to purchase the 30 round mags, but that because he didn't purchase the rifle through his department or as a department AW, he has to have a BB if it has evil features (which it does have evil features). And that even though he can buy 30 rounders...he can't use them on his AR...he would have to have a featureless build to use the 30 rounders. Now he could have it all if his chief wrote a letter on department letterhead to the DOJ authorizing the purchase, correct?

That letter needs to be in hand when the purchase is made, it is for that AW only.

Now to complicate matters, he was one of the 80+ officers laid off from Oakland PD last year and now is no longer a LEO...WTF happens with the AR? I told another friend/neighbor who's also a LEO to talk to him because he didn't think it was a big deal because he's hunting for another LEO job.

The neighbor is wrong, Owning an AW is perfectly legal, it must be registered. The acquisition and possession of an unregistered AW is where people get in trouble. Those unemployed LEOs with registered AW's are GTG, as long as they were acquired legally.

It's my understanding that a LEO can have an AW if the department justifies it and writes a letter to the DOJ, but that a LEO can't just go out and buy/build a AW and have it just because they're a LEO.

This is true, think about how many LEOs out there are actually felons and would throw you in jail for the doing same thing they have done.

I was REALLY surprised that niether LEO I was talking to knew anything about this...that they just assumed that becasue they are LEO they can have anything.

That sort of behavior needs to stop. They took and oath and are held to a higher standard. Those who choose to break the law because they think it doesn't apply to them need to.be called out and tossed in prison, the same as any other felon.
I have a ton of respect for LEOs, but ZERO RESPECT for anybody who abuses their authority, and disrespects our constitution and their oath to uphold protect that.

[dieselpower]

So I helped a friend who is a LEO build an AR. He ended up finishing the build and has 30 round mags and the standard mag-drop.

Not to be a dick but you just admitted to felony manufacturing of an AW

paging Exile Machine...Exile Machine to the forums please...

[japps]

thanks Grumpyoldretiredcop. and thanks (yet again) diesel. this is how I read the laws. But like I said...he has a evil rifle without a BB and 30 rounds in it. But when I texted him all this he's now arguing with me that he's not subject to this. *sigh* he's a friend and I care what happens to him, but that LEO stuborness is hard to break through.

and Grumpy...what happens when one of you retire?

[dieselpower]

thanks Grumpyoldretiredcop. and thanks (yet again) diesel. this is how I read the laws. But like I said...he has a evil rifle without a BB and 30 rounds in it. But when I texted him all this he's now arguing with me that he's not subject to this. *sigh* he's a friend and I care what happens to him, but that LEO stuborness is hard to break through.

and Grumpy...what happens when one of you retire?

if he is using the firearm for duty he is correct. Many LEO are allowed to use personal firearms.

[tonelar]

so the dept letter isn't for the ffl but it's to get an AW permit from DOJ? I heard it was just to buy the AW, then a copy stays with your range bag.

either way, with the new Gov revoking AW allowances issued to LEOs upon retirement, shouldn't he be turning it in?

[japps]

SJ...you're not being a dick, but as I said...he finished it that way. I just helped him put together the lower and some parts of the upper and repair some damage done by another garage gunsmith. So, no...I didn't manufacture an AW...and I started talking to him about BB's right from the start. he put his mag-release in and continued on his marry way.

Tonelar...my advice to him is to install the BB and never use 30 rounders in it again.

[japps]

Diesel,

yeah...I know if he's using his own personal firearm it's legal...but Oakland never allowed that with his AR (they have to be SWAT I guess to use their own AR's) and since he got laid off it's a moot point.

[Outta Control]

Diesel,

yeah...I know if he's using his own personal firearm it's legal...but Oakland never allowed that with his AR (they have to be SWAT I guess to use their own AR's) and since he got laid off it's a moot point.

Doh!

[dieselpower]

Diesel,

yeah...I know if he's using his own personal firearm it's legal...but Oakland never allowed that with his AR (they have to be SWAT I guess to use their own AR's) and since he got laid off it's a moot point.

Doh!

+1...

DOH!