AG Opinion re LEOs and AWs

[RRangel]

Assault weapons are not illegal to have in CA. They just have to be registered.

Illegal and possesion with registration are not one in the same.

You probably realize it but McDonald is still very recent. So recent that the legal ramifications of an incorporated Second Amendment have yet to be fully realized. California's gun laws are toast.

[RomanDad]

Do any retired LEOs stay in California?

All the ones I've known are all collecting their pension in other states.

[CSACANNONEER]

Can any point out where, in Heller, it specifically mentions that Ca AW law is 100% constitutional? I'm pretty sure the Heller decision NEVER mentioned Ca AW laws at all let alone ruling that they were constitutional.

Amen brother.


Show me the active LEO who is going to arrest a retired LEO under this law...

Show me a LEO who refuses to arrest any criminal just because the criminal is or was a LEO and I'll show you a disgrace to his profession.

[taperxz]

You probably realize it but McDonald is still very recent. So recent that the legal ramifications of an incorporated Second Amendment have yet to be fully realized. California's gun laws are toast.

Totally agree with you! I was repeating what the AG had in his opinion though. He stated flat out that possession was illegal. I was pointing out that they are not illegal as long as they are registered which we both know you will not be able to do in this state at this time.

[edwardm]

Looks like Jerry just invited Mr. Gura to town. On purpose.

The way I read this, the AG's office seems to be saying "Here's the law as it is now, here's the holes to drive your truck through, y'all have fun now!" and then walked away.

Nice.

[cdtx2001]

Sounds like there might be a good fight brewing.

Why do I have to be a sportsman just to bear arms??? Why is it my government's decision as to what constitutes "a high rate of fire" and "not what law abiding people possess"?

Gawd, I hope they don't start mentioning that shoulder thingy that goes up.

[gbp]

JMO
First I do not think LE should have to buy their own weapons. They should be provided by and owned by the department.

Second, they are citizens just like you and me. They should receive no more status, protection or exemption from the laws that govern everyone.

Third, perhaps they can do one of those "Buy Backs" they are all so proud of to get these existing guns off the street

[taperxz]

Now that JB is the gov, and "Kamala is the AG " I wonder how much influence JB will have over the AG budget? Perhaps not enough to expand BOF?? Cuts are cuts and they are coming.

[OleCuss]

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Show me a LEO who refuses to arrest any criminal just because the criminal is or was a LEO and I'll show you a disgrace to his profession.

I think the statement was fairly good as he stated. He was talking about this "law". I think that there are a lot of LEO's out there who exercise good judgment in choosing whom to arrest.

If you come across as generally clean living and law-abiding there are a lot of LEO's who will ignore some obvious violations of stupid gun laws on the part of non-LEO's as well as LEO's. I've had non-LEO types tell me that they've had LEO's let slide some things for which they could have been arrested.

In that vein, a retired LEO is likely to be generally law-abiding and clean living. I hope that most LEO's would ignore a violation of this stupid application of law.

[keneva]

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.

What about the "Enemies I might have made? I want one!

I know a leo that was unemployed for 2 days, while transfering to a new job, and was worried about transporting his AK to his new home. How stupid?

[putput]

[dustoff31]

It hasn't been mentioned yet, so I'll throw it out.

For what purpose did Gore request this opinion? Did he want retirees to keep their rifles?

Or trying to make sure that they could not keep them?

Doesn't really matter I suppose, just curious.

[sac550]

Amen brother.


Show me the active LEO who is going to arrest a retired LEO under this law...

It is not a law, this is an opinion from an anti gun AG, who is speculating on what a Judge(s) might rule on a 14th amend lawsuit. AW bought under (F)(2) are registered as AW, just like a normal citizen who owned prior to them becoming illegal. They are not registered as LE AW. There is no 12280 violation. This opinion will do exactly what they wanted to accomplish; scare agencies from handing out letters for AW. Thus reducing the number of AW in CA, which is a win for them.

[paladin4415]

It hasn't been mentioned yet, so I'll throw it out.

For what purpose did Gore request this opinion? Did he want retirees to keep their rifles?

Or trying to make sure that they could not keep them?

Doesn't really matter I suppose, just curious.

The San Diego Sheriff Dept is considering letting Deputies purchase personal AR's on letterhead. I'm sure this request was to determine if those Deputies would be able to keep those AR's after retirement.
I find it interesting that the law as written, allows LEO's to purchase RAW's with letterhead from an agencies CLEO and requires that the LEO register that purchased weapon within 90 days of purchase with the DOJ. The law as written does not state anywhere that that registration expires or that any person that has followed the law must relinquish their personal property. I always thought that if it was not spelled out in the law as illegal, that it was legal.

[CavTrooper]

The San Diego Sheriff Dept is considering letting Deputies purchase personal AR's on letterhead. I'm sure this request was to determine if those Deputies would be able to keep those AR's after retirement.
I find it interesting that the law as written, allows LEO's to purchase RAW's with letterhead from an agencies CLEO and requires that the LEO register that purchased weapon within 90 days of purchase with the DOJ. The law as written does not state anywhere that that registration expires or that any person that has followed the law must relinquish their personal property. I always thought that if it was not spelled out in the law as illegal, that it was legal.

Apparently not, considering what theyve done with the MAWP.