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Eligibility for Off-Roster Handguns

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  • H3nryl3
    Junior Member
    • Apr 2020
    • 83

    Eligibility for Off-Roster Handguns

    I was curious about the exemptions for the CA handgun roster and if consumer safety officers for the FDA fall under that exemption. The exemption states that any federal law enforcement agency may purchase off roster handguns for use in their official duties.

    As a consumer safety officer, you are enforcing the laws as it pertains to food, drugs, cosmetics, etc. not necessarily criminal law. It is not a requirement to posses a firearm to enforce these laws as a consumer safety officer. You are given a badge as part of your duties.

    Would this qualify Consumer Safety Officers of the FDA to be exempt from the handgun roster?
  • #2
    Milsurp1
    Veteran Member
    • Aug 2016
    • 3091

    Does a Consumer Safety Officer have powers of arrest? Attend FLETC?

    Comment

    • #3
      Bullets&Whitewalls
      Senior Member
      • May 2012
      • 2365

      I think You answered your own question. If you are not required to use a firearm while performing your job you do not qualify for the exemption.

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        FDA Consumer Safety Officer = not a Federal LEO = non-exempt

        FDA Office of Criminal Investigation Special Agent = Federal LEO = exempt
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          H3nryl3
          Junior Member
          • Apr 2020
          • 83

          Originally posted by Bullets&Whitewalls
          I think You answered your own question. If you are not required to use a firearm while performing your job you do not qualify for the exemption.
          I thought so, but was hoping someone had a different experience. Oh well.

          Comment

          • #6
            Rogue187
            Senior Member
            • Feb 2007
            • 1157

            Here is another way to know.
            What is the OPM Series this job in?
            083=Uniformed Police Officer
            085=Guard
            080=Physical Security Specialist
            1811=Criminal Investigator
            1810=Investigator (Non-Law Enforcemet)
            1801=Administrative Officer (depending upon agency will define if you are LE or not)
            There are others such as Park Rangers. But then it depends upon your job series.

            If the job doesn't require you to be armed and you don't have arrest authority then your not LE and not exempt.

            Comment

            • #7
              wynn
              Member
              • Jun 2017
              • 210

              If that was the case you would see a lot of “consumer safety officer” apps in CA lol

              Comment

              • #8
                RickD427
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Jan 2007
                • 9263

                One quick diagnostic question here:

                Are you an authorized purchasing agent for the Food and Drug Administration?
                If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                Comment

                • #9
                  3dw4rd
                  CGN/CGSSA Contributor
                  • Aug 2020
                  • 34

                  I thought judges, legislators and DA’s were exempt also? Their job doesn’t require the use of the tools.

                  Comment

                  • #10
                    RickD427
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Jan 2007
                    • 9263

                    Nope. Those folks are not exempt. District Attorney Investigators are exempt and the DA's office (as opposed to individual employees) is exempt, but the 58 DA's are not personally exempt. Please refer to Penal Code section 32000(b)(4).
                    If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                    Comment

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