AG Opinion re LEOs and AWs

[dantodd]

Very interesting. The primary difference between Silveira and this exception is that when the officer purchases the firearm in question he/she has a monetary interest. This is a significant difference as I believe the law now becomes a governmental "taking." The Constitution has a lot to say about taking property. I am not sure how it works with real v. personal property though.

If the revocation upon retirement really is a taking it could potentially open the door to lots of interesting things. If it is a taking the government must show that it is taken for a "public purpose" and based on Heller that "public purpose" will have to be pretty damn good and be supported. I doubt they can say that a RAW in the hands of a retired cop is dangerous therefore, what is the "public purpose" of taking it?

[GuyW]

Yep - that Moonbeam is a warrior for the 2nd Amendment - a WARRIOR I say!
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[dantodd]

Yep - that Moonbeam is a warrior for the 2nd Amendment - a WARRIOR I say!
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Can you cut the thread crapping EVERY TIME anything comes up that mentions JB? He was, in the minds of many, the best choice of 2 bad options.

[Crom]

Interesting quote re Heller:

and carry weapons in case of confrontation.

Yup. That's the only bright spot in the whole opinion. I'll be sure to point that out to Sheriff Gore.

Fortunately the AG's opinion letter wont mean much in the face of some high court rulings. We'll get there, one victory at a time.

[1911su16b870]

This is a very interesting AG opinion. A LEO using his own money buys an item, registers that item with the state, but when he retires he looses that property. Where is the vehicle to retain his personal property?

This is from the last sentance in the second to last paragraph of the AG opinon "Because the possession of assault weapons is not a protected Second Amendment right in California, it appears that the appropriate level of scrutiny regarding the regulation of such weapons is not governed by Heller."

[OleCuss]

I think that the MAWP mess adequately demonstrated that we couldn't realistically hope for much good from Brown. This kind of thing should emphasize that. Just expect even more stupidity from Kamala.

I'm kind of curious. Exactly how do Jerry/Kamala expect to unregister the AW's legally owned by LEO's? Are they going to set up another bit of bureaucracy and require that all LEA's report any retirements? And what happens if they switch agencies (maybe retiring from one LEA and hiring on to another - if possible)?

Or maybe all LEO's from henceforth will have to carry both their AW registration along with proof that they are still an actively serving LEO? So documentation requirements for LEO's may exceed those of non-LEO's?

Just finding this whole thing a bit intriguing.

[taperxz]

HMMm, then under the equal protection clause, should a retired LEO also surrender his for duty only HI Cap mags, and off roster pistols?

Or did the new gov. open the door to more equal protection as in CCW's, mags, off roster pistols, ect. Just asking.

[wash]

That might be something that's difficult for the current AG to back out of.

Wouldn't that be wonderful?

Interesting.

I'm sorry I didn't follow the link to see that JB wrote these.

It sounds like a trap...

[bruss01]

What's the use of posting an opinion page on your last day in office?

What's to prevent the new AG (Kamala Harris) from putting up her OWN opinion page in it's place next week?

I really don't see a point to this. None of it is legally binding on the new AG.

[timmyb21]

Just a thought, but do you think we could get pro 2A local LE on our side to get the AW registration opened up? I know they say it is open, but anyone who applies get's denied, right? Could this help?

[yellowfin]

I like it. Getting rid of the class distinction between LE and non LE is a big step towards equality under the law and breaking down their priviledged status from which they attack our rights is a fundamental step in the right direction. They need to be in the EXACT same situation as everyone else.

[wash]

What's the use of posting an opinion page on your last day in office?

What's to prevent the new AG (Kamala Harris) from putting up her OWN opinion page in it's place next week?

I really don't see a point to this. None of it is legally binding on the new AG.

This might be setting up a position for Camala that she won't back down from but that will lead to her getting her butt kicked in the lawsuits that will follow.

[Beelzy]

LOL!!!.........No RAWs for you!

[Crom]

I like it. Getting rid of the class distinction between LE and non LE is a big step towards equality under the law and breaking down their priviledged status from which they attack our rights is a fundamental step in the right direction. They need to be in the EXACT same situation as everyone else.

It is important to note that retired law enforcement is still a protected class of citizen. They should for example always be allowed to conceal carry long after retirement. The argument for this would pass even rational review; it is because of the enemies they may have made while enforcing the law as an active LEO.

[Stonewalker]

It is important to note that retired law enforcement is still a protected class of citizen. They should for example always be allowed to conceal carry long after retirement. The argument for this would pass even rational review; it is because of the enemies they may have made while enforcing the law as an active LEO.

If retired LEO get CCW on that rational then so does everybody else who has ever made enemies. Equal protections.