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LEO's & Ca compliant 10rd

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  • Dano3467
    Calguns Addict
    • Mar 2013
    • 7381

    LEO's & Ca compliant 10rd

    This question has surfaced before me, and thought I'd ask here.
    In Ca are LEO under same rules as citizen's in Ca regarding compliant side arms and low capacity mags during off duty carry ?
    ( exempted Grandfathered of course @ this time )

    And when off duty, are they a citizen first and LEO second.
    Or dose this not apply, to LEO's ?

    And if so, when retired do they have to comply w/these requirements if all there fire arms were purchased after these hand gun/or rifle where ban ?

    And this , if were required at some point to turn over all over ten round mags, will they also fall under this at retirement ?

    Inquiring minds want to know...
  • #2
    TeddyBallgame
    Calguns Addict
    • Sep 2012
    • 5732

    the Calgun LEO's forum would probably get you the quickest and most accurate answer to those questions
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    • #3
      SkyStorm82
      Senior Member
      • Oct 2005
      • 1745

      Shhhhhh.....I can hear the stampede coming.
      Strike Hold!
      2/504th P.I.R. White Devils

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      • #4
        StuckInTheP.R.O.Ca
        Veteran Member
        • Feb 2013
        • 2995

        Originally posted by Dano3467
        This question has surfaced before me, and thought I'd ask here.
        In Ca are LEO under same rules as citizen's in Ca regarding compliant side arms and low capacity mags during off duty carry ?
        ( exempted Grandfathered of course @ this time )

        And when off duty, are they a citizen first and LEO second.
        Or dose this not apply, to LEO's ?

        And if so, when retired do they have to comply w/these requirements if all there fire arms were purchased after these hand gun/or rifle where ban ?

        And this , if were required at some point to turn over all over ten round mags, will they also fall under this at retirement ?

        Inquiring minds want to know...
        They are allowed to possess and carry standard cap mags on and off duty.

        Ca LEO's under 830.1 and 830.2 (ie Police, Sheriffs, CHP & others) have state Peace Officer powers on and off duty. With some agencies they are encouraged just be a good witness and to avoid off duty incidents except in cases where death or great bodily injury is a probability.

        Under current laws they can continue to possess standard cap mags just like anyone else, after retirement. Officers are not allowed to retain AW's registered while they were a Peace Officer after retirement.
        __________________________________________________ _____________




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        • #5
          tonyxcom
          Calguns Addict
          • Aug 2011
          • 6397

          As far as I know...

          The 10 rnd limit on handguns does not apply to police officers on or off duty.

          The 10 rnd limit does apply on their personally owned rifles that isn't their duty rifle or RAW. For example, officer's AR15 that he doesn't use for work = 10 rnd. Officers personally owned RAW that he uses for work, no limit. As such he can legally own rifle magazines with a capacity greater than 10.

          There are some bills that might change one or both of the above upon retirement.

          Comment

          • #6
            Untamed1972
            I need a LIFE!!
            • Mar 2009
            • 17579

            A Level 1 POST certified CA LEO has full LEO authority 24/7 whether he is on duty or not. However policy varies by Dept. as to what sort of actions he should undertake while off duty.
            "Freedom begins with an act of defiance"

            Quote for the day:
            "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

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            • #7
              jbolton
              Senior Member
              • Oct 2008
              • 1386

              Originally posted by tileguy
              i think thats a good idea that they can have high cap mags because the majority of them cant hit $h!t so they need all the rounds they can carry.
              lol
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              • #8
                hellayella
                Calguns Addict
                • Sep 2012
                • 5578

                Originally posted by tonyxcom
                As far as I know...

                The 10 rnd limit on handguns does not apply to police officers on or off duty.

                The 10 rnd limit does apply on their personally owned rifles that isn't their duty rifle or RAW. For example, officer's AR15 that he doesn't use for work = 10 rnd. Officers personally owned RAW that he uses for work, no limit. As such he can legally own rifle magazines with a capacity greater than 10.

                There are some bills that might change one or both of the above upon retirement.
                in their off duty, the law applies to their personal firearms

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                • #9
                  tonyxcom
                  Calguns Addict
                  • Aug 2011
                  • 6397

                  Not on handguns, unless their agency has specific guidelines. Why do you think a LEO can walk into a store and purchase standard capacity magazines?

                  They are exempt from the 10rnd limit on handguns thats why.

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                  • #10
                    StuckInTheP.R.O.Ca
                    Veteran Member
                    • Feb 2013
                    • 2995

                    Originally posted by tonyxcom
                    Not on handguns, unless their agency has specific guidelines. Why do you think a LEO can walk into a store and purchase standard capacity magazines?

                    They are exempt from the 10rnd limit on handguns thats why.
                    They are exempt for long guns also as long as they are not using them in a bullet button rifle. There's no distinction. Remember possession and even purchase is not illegal yet. The only difference between LEO and Joe Blow is the LEO can continue to buy standard mags.
                    Last edited by StuckInTheP.R.O.Ca; 08-13-2013, 11:32 AM.
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                    • #11
                      tonyxcom
                      Calguns Addict
                      • Aug 2011
                      • 6397

                      Originally posted by StuckInTheP.R.O.Ca
                      They are exempt for long guns also as long as they are not using them in a bullet button rifle. There's no distinction. Remember possession and even purchase is not illegal yet. The only difference between LEO and Joe Blow is the LEO can continue to buy standard mags.
                      Thanks for that clarification.

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                      • #12
                        RickD427
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Jan 2007
                        • 9266

                        Originally posted by StuckInTheP.R.O.Ca
                        They are allowed to possess and carry standard cap mags on and off duty.

                        Ca LEO's under 830.1 and 830.2 (ie Police, Sheriffs, CHP & others) have state Peace Officer powers on and off duty. With some agencies they are encouraged just be a good witness and to avoid off duty incidents except in cases where death or great bodily injury is a probability.

                        Under current laws they can continue to possess standard cap mags just like anyone else, after retirement. Officers are not allowed to retain AW's registered while they were a Peace Officer after retirement.
                        ^^^THIS^^^

                        Additionally, the ability to acquire large-capacity magazines and off-roster weapons goes away upon retirement.

                        The Attorney General has issued an opinion that officers must surrender AW's acquired using the special LEO-only process upon retirement. However that opinion fails to identify any section of law the officer would be in if they failed to surrender the weapon. In other words, its a "toothless tiger" awaiting a court decision. Officers that registered their AW's under the coventional process may keep them following retirement.
                        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.

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                        • #13
                          RickD427
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Jan 2007
                          • 9266

                          Originally posted by tonyxcom
                          As far as I know...

                          The 10 rnd limit on handguns does not apply to police officers on or off duty.

                          The 10 rnd limit does apply on their personally owned rifles that isn't their duty rifle or RAW. For example, officer's AR15 that he doesn't use for work = 10 rnd. Officers personally owned RAW that he uses for work, no limit. As such he can legally own rifle magazines with a capacity greater than 10.

                          There are some bills that might change one or both of the above upon retirement.
                          Sir,

                          There is no relevance to the officer being on-duty or off-duty. What matters is whether the weapon is a registered AW, or not.

                          If the weapon is a registered AW, then it may be used with large-capacity magazines regardless of duty status.
                          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.

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                          • #14
                            tonyxcom
                            Calguns Addict
                            • Aug 2011
                            • 6397

                            I don't think I said anything about being on a off duty with regards to hi capacity mags in a RAW. But I did assume that any RAW that the officer owned was a result of his LEO status, as such, and I guess depending on agency rules, likely the only RAW the officer owned.

                            Thats why I said "For example, officer's AR15 that he doesn't use for work = 10 rnd. Officers personally owned RAW that he uses for work, no limit."

                            In which the officers AR15 that he doesn't use for work isn't a RAW.

                            Comment

                            • #15
                              RickD427
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Jan 2007
                              • 9266

                              Originally posted by StuckInTheP.R.O.Ca
                              They are exempt for long guns also as long as they are not using them in a bullet button rifle. There's no distinction. Remember possession and even purchase is not illegal yet. The only difference between LEO and Joe Blow is the LEO can continue to buy standard mags.
                              Sir,

                              Please note the California DOJ's position that the purchase of large-capacity magazines is a felony. They've explained this as being due to the combined effect of Penal Code sections 31 and 32310.

                              Here's a link to the DOJ website FAQ stating their position the purchase of a large capacity magazine is illegal:

                              Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
                              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.

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