2020 AB 2699 Santiago - Firearms: unsafe handguns (Add'l LEO Roster Carveouts)

[Uncivil Engineer]

My dad used to say something similar. Did they used to put horse meat in dog food?

Yes and the hooves went to the glue factory.

[abinsinia]

Looks like the public safety committee didn't vote on this one during the July 31 meeting.

[JDoe]

but are still safe to operate. If a manufacturer wants a newer model to appear on the Roster, it must pay the $200 fee assessed by DOJ."

So if they're still safe to operate, just not "safe" enough to be "not unsafe," then... **** it I can't even begin to try and engage in the gymnastics required to justify this ****. People (myself included) need to stop letting legislators get away with continuing to push these things through the process, with no hesitation or questions, like a particle accelerator. Keep calling and keep emailing your Assembly Members and State Senators.

[Cactus_Tim]

I have three megaphones.

[Lonestargrizzly]

I dont get why roster exemptions dont apply to military police.

[gumby]

I dont get why roster exemptions dont apply to military police.

Because like federal agents, they are not cops. They can investigate and apprehend but arrest at the federal level is reserved for the US Marshal. A couple of FBI agents found that out last year, here in California.

[Lonestargrizzly]

Because like federal agents, they are not cops. They can investigate and apprehend but arrest at the federal level is reserved for the US Marshal. A couple of FBI agents found that out last year, here in California.

[abinsinia]

On the agenda for Aug. 12 Senate public safety committee meeting.

[BeAuMaN]

Well... we have lots of amendments as of 8/10/2020. AB-2699... evolved. I don't think this bill went the way the author (or at least the agencies asking the author for the exemptions) like they thought it would.

So, as I mentioned originally, this bill adds a new type of LEO exemption where these agencies (like the Franchise Tax Board) can purchase off-roster firearms for their agency-LEOs, but said LEOs can't purchase or sell themselves. It also added local park rangers to the first group of LEOs who can purchase and sell off-roster handguns themselves.

This most recent amendment does the following to not just the new type of LEOs, but also the first group of LEOs:
1.) Specifies that the off-roster exemption is for purchase of a "handgun for use as a service weapon". This is likely to be used to file charges against LEOs purchasing for resale.
2.) Said LEOs must have completed POST firearms portion training before being eligible.
3.) Said LEOs must complete live-fire qualifications as prescribed by their employing entity once every six months.
4.) Creates a civil penalty (fine) not to exceed $10,000 for unlawful sale or transfer of off-roster handguns obtained by LEOs through said exemption.
5.) Creates a DOJ LEO-exemption Offroster Handgun Registry.
6.) Talks about notification requirements when said LEOs or entities sell or transfer one of these handguns, however it says transferring through a dealer satisfies that requirement... I'm a bit foggy on when you can transfer handguns outside of a dealer. Nothing is coming to mind.
7.) Provides that CA DoJ shall annually notify persons/entities with said off-roster handguns about the prohibitions on sale or transfer.

These amendments are all very much about the LEOs arrested within the last... five years?... doing high volume (and sometimes illegal) off-roster firearm sales.
Edit: Reading from the Analysis from the 7/30 Senate Public Safety Committee... it looks to be a lot in line with amendments suggested by the President of Brady's Oakland Chapter, Griffin Dix, who according to the analysis only spoke for them self.

[????? ????]

PC32000(b)(4) is how most law enforcement, such as police, sheriff, or CDCR, obtain off-rosters.

PC32000 would be amended under AB2699 to now include the following:

(f) (1) The Department of Justice shall compile and maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b).
(2) A person or entity that in possession of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b), shall notify the department of any sale or transfer of that handgun. This requirement shall be deemed satisfied if the sale or transfer is processed through a licensed firearms dealer.
(3) Commencing no later than March 1, 2021, the department shall annually provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section

The Legislative Counsel summarizes it as:

This bill would require the Department of Justice to compile and maintain a database of unsafe handguns obtained pursuant to these exemptions, and would require the department to annually provide a notification to the persons and entities possessing these handguns regarding the prohibitions on the sale and transfer of those handguns. The bill would also require these persons or entities to notify the department of the sale of transfer of such a handgun, but would provide that a sale or transfer made through a licensed firearm dealer would satisfy this requirement.

[abinsinia]

1.) Specifies that the off-roster exemption is for purchase of a "handgun for use as a service weapon". This is likely to be used to file charges against LEOs purchasing for resale.

Doesn't this obliterate the LEO exemption ? I mean if they can't buy it for personal use, then they can't sell it to normal people.

[Hornetsnest]

Because like federal agents, they are not cops. They can investigate and apprehend but arrest at the federal level is reserved for the US Marshal. A couple of FBI agents found that out last year, here in California.

I agree that CA does not consider Feds as peace officers except for limited circumstances in 830.8 PC.

But, arrest at the federal level is reserved for the US Marshal? What led you to that determination? I dont know what situation you are referring to between the FBI and CA. Are you talking about the US Marshal being responsible for presenting federal arrestees before the US Magistrate Judge? Or are you saying that only US Marshals can make federal arrests (in CA?)? Please elaborate.

As a reminder....
830.8.**
(a)*Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a peace officer in any of the following circumstances:
(2)*When these investigators and law enforcement officers are engaged in the enforcement of federal criminal laws and exercise the arrest powers only incidental to the performance of these duties.
(4)*When probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.

[BeAuMaN]

PC32000(b)(4) is how most law enforcement, such as police, sheriff, or CDCR, obtain off-rosters.

PC32000 would be amended under AB2699 to now include the following:

(f) (1) The Department of Justice shall compile and maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b).
(2) A person or entity that in possession of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b), shall notify the department of any sale or transfer of that handgun. This requirement shall be deemed satisfied if the sale or transfer is processed through a licensed firearms dealer.
(3) Commencing no later than March 1, 2021, the department shall annually provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section

The Legislative Counsel summarizes it as:

This bill would require the Department of Justice to compile and maintain a database of unsafe handguns obtained pursuant to these exemptions, and would require the department to annually provide a notification to the persons and entities possessing these handguns regarding the prohibitions on the sale and transfer of those handguns. The bill would also require these persons or entities to notify the department of the sale of transfer of such a handgun, but would provide that a sale or transfer made through a licensed firearm dealer would satisfy this requirement.

Good points, I was posting this too quick it seems. So what most of us generally think of as police officers will just have their transfers in a database, notification requirements (aren't all handguns processed through a licensed dealer now, one way or the other?), and annual reminder about the prohibitions on certain sales.

Doesn't this obliterate the LEO exemption ? I mean if they can't buy it for personal use, then they can't sell it to normal people.

So as Molon Labe was pointing out I was getting overly broad; the service weapon language exists in paragraph 4, which covers what most the LEOs that most of us think of when we think about Police Officers, as well as a number of other agencies, in that it says:

(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.

So the service weapon language effectively exists there, and the part at the end means that individual sworn members (which probably already have POST training? Someone can confirm) can purchase said handguns, and the language kind of implies that it's as a service weapon. iirc from previous stuff I've read the whole idea was so that LEOs could offload firearms they either don't like, or firearms as they buy new ones to upgrade over their current ones, which is why they have been allowed to sell them with little stipulation.
This comes back to 32000(c)(1)

(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) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section.

So that prohibition doesn't affect Paragraph 4 LEOs.

So, okay... let's reconstruct this into a class list.. There's basically 3 classes of LEOs: Paragraph 4, Paragraph 6, and Paragraph 7 (of CA PC 32000(b)).
Paragraph 4 LEOs (which includes police, sheriff, and CHP departments) can purchase a service offroster handgun personally, and sell to anyone through a licensed dealer.
Paragraph 6 LEOs (which includes various groups like the Parks and Rec, DMV, and Fish and Wildlife) can purchase a handgun personally (bill clarifies that it's a service handgun), and can only sell to other exempted persons.
The bill introduced Paragraph 7 LEOs (which includes groups like the Franchise Tax Board and California State Lottery) can have a service offroster handgun purchased for them by their department for their own use, and the department can only sell them to other exempt persons.

And then all of them have the aforementioned new requirements with regard to a registry/database, the fine for unlawful sale, notification requirements (which doesn't make much sense), and annual notification to exempted handgun firearm owners regarding specific prohibitions on sale.

Why there are 3 tiers of LEOs seems kind of mind boggling, but that's California.

Edit: As an additional thought, if I'm reading this right, Paragraph 4 and 6 LEOs can't sell directly to Paragraph 7 LEOs.

[abinsinia]

Doesn't paragraph 4 exempt active duty military also ?

I don't think the registry/database will do anything more than the one for everyone currently, but the legal notification may chill the secondary off roster market.

[qdx450]

that means that everyone not listed is 2nd class citizen, peasant, peeon, slave,black, old. Only cops and politicians are better,smarter,worth more than the rest of the citizens. half of calif. population are illegal.