Law enforcement to civilian ppt 2019

[LongLiveTheRepublic]

I was at the gun shop and the ffl was talking about it being illegal in 2019 for law enforcement to ppt off roster guns to civilians? I thought this only applied to some agencies. Is that something new that came up this year?

[P5Ret]

Nope nothing new, probably just one more shop who doesn't understand the law. You can read it here https://www.calguns.net/calgunforum/....php?t=1341645

[edgerly779]

^^^ @year old reference try again.

[P5Ret]

^^^ @year old reference try again.

And what has changed in 32000 regarding sales since the sticky was put in place?

I don't see anything in fact it still reads "(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) of subdivision (b) and a person who is not exempt from the requirements of this section".

[Librarian]

And, to quote myself in the sticky,

For off-Roster handguns, if a LEO inherited one, or received one by intrafamilial transfer, or bought one PPT, or moved to CA with it, still free to sell it if s/he wants to do that.

And remember, the restriction applies only to the newly-designated LEO, and only to off-Roster handguns purchased in CA from 2017 forward using the LE exemption.

[LongLiveTheRepublic]

And, to quote myself in the sticky,

So if you're a new LEO and you bought an off roster gun after 2017 it's illegal to ppt?


But only if you're in those departments listed in 32000 right?

[Id-rather-walk-alone92]

Following

[SkyHawk]

.

So if you're a new LEO and you bought an off roster gun after 2017 it's illegal to ppt?


But only if you're in those departments listed in 32000 right?

It’s illegal for a FFL to process a transfer between a newly exempt LEO and a non-LEO **if the gun in question was obtained using the new LEO exemption**

So, it is not blanket illegal for one of these LEO to PPT off roster guns. If they acquired the gun any other way besides using their new exemption to get it, it is perfectly legal for them to transfer to anyone eligible to possess firearms.

As an example, if one of these LEOs obtained an off roster gun in 2018 by PPT and not by their new exemption, then yes they can still sell it to anyone they want.

And note, the law applies to the FFL not the LEO. All burden for compliance and penalty for non compliance is on the FFL.

[LongLiveTheRepublic]

Thanks, so it sounds like effectively, there is little to no way for civilians in CA to get a newly manufactured off-roster handgun that isn't already in the state for the foreseeable future.

Actually now that I think about it, what if an LEO bought an off-roster from another LEO through a PPT, can he then sell it to a civilian?

[Bullets&Whitewalls]

Thanks, so it sounds like effectively, there is little to no way for civilians in CA to get a newly manufactured off-roster handgun that isn't already in the state for the foreseeable future.

Actually now that I think about it, what if an LEO bought an off-roster from another LEO through a PPT, can he then sell it to a civilian?

I think you mis understood, Leo can still legally sell them to anyone they choose regardless of when they bought them. BUT There are certain classes of LEO that cannot use the exemption anymore. For example Fish and game officers and corrections officers? Someone correct me if I am wrong on that but your average every day police officer who does patrol duty and is still exempt. Therefore if you come across one selling an off roster gun it is legal to buy.

[LongLiveTheRepublic]

That makes sense since it did say only exemptions obtained by those in subdivision b, paragraph 6 are not allowed to sell to civilians.

[P5Ret]

Here is the list of those who can not sell an off roster handgun purchased with an LE exemption.

(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:
(A) The Department of Parks and Recreation.
(B) The Department of Alcoholic Beverage Control.
(C) The Division of Investigation of the Department of Consumer Affairs.
(D) The Department of Motor Vehicles.
(E) The Fraud Division of the Department of Insurance.
(F) The State Department of State Hospitals.
(G) The Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.
(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:
(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.