Question regarding retired LEOs

[Howe77]

Hello everyone. I'm new here and I had a question (out of sheer curiosity) regarding retired LEOs and California's gun laws.

I've asked around and I have been getting a lot of different (often times conflicting) answers. I won't bore you guys with too many details. I'll just ask them straight up:

1) Are former LEOs (including retirees and those who left in good standing) allowed to keep "assault weapons" and "high-capacity" magazines after retirement or leaving their department? I read that they weren't somewhere but I also read somewhere else that it was okay and I remember hearing that nut job Chris Dorner was fired from the LAPD and legally had "assault weapons" from when he was a cop.

2) What defines an "honorably retired" police officer in terms of ccw? I've heard that you need to have ten years as an LEO and that you need to have left in good standing. I heard also that in California it was only five. I also heard in California that you needed five years with a department and that you need to be at least 50 years old to qualify? The last one makes no sense to me since I know plenty of retired LEOs in New York (in counties that aren't ccw friendly) that are definitely under 50 who carry legally under LEOSA.

Sorry for being a bit long winded but I am terribly confused right now. Would someone please be kind enough to clarify all of this for me? Thanks!

[1CavScout]

AW and Mag laws are the same as everyone else. Even if you are an active LEO, your rifles that are not work rifles must comply with applicable laws.

I think you are asking about 10 years of service regarding LEOSA? Yes, you need 10 years of service and must be honorably retired (exception being retired for mental health reasons). You do not need to be 50 to be LEOSA eligible.

[RickD427]

Howe,

Welcome to the forum.

Officers are normally required to return all weapons and property that belong to their agency upon retirement. The law does allow them to purchase their duty weapon from the agency upon retirement. Assault weapons (provided they are legally registered) and large capacity magazines that were lawfully acquired by them during their period of employment may be kept by them following retirement. Of course, the same is true of any private person. They may also continue to own assault weapons that were lawfully acquired (and registered as such) and large capacity magazines.

The Attorney General has issued a formal opinion that law enforcement officers who personally acquired assault weapons using the special provisions of law applicable to officers only, are required to relinquish them upon separation or retirement.

You'll find the answers to your LEOSA questions in 18 USC 926C. The text appears below:

[Howe77]

AW and Mag laws are the same as everyone else. Even if you are an active LEO, your rifles that are not work rifles must comply with applicable laws.

I think you are asking about 10 years of service regarding LEOSA? Yes, you need 10 years of service and must be honorably retired (exception being retired for mental health reasons). You do not need to be 50 to be LEOSA eligible.

Thank you man. So you need ten years of service with an LE agency and it doesn't matter how old you are so long as you left in good standing? Is this correct?

[Howe77]

Howe,

Welcome to the forum.

Officers are normally required to return all weapons and property that belong to their agency upon retirement. The law does allow them to purchase their duty weapon from the agency upon retirement. Assault weapons (provided they are legally registered) and large capacity magazines that were lawfully acquired by them during their period of employment may be kept by them following retirement. Of course, the same is true of any private person. They may also continue to own assault weapons that were lawfully acquired (and registered as such) and large capacity magazines.

The Attorney General has issued a formal opinion that law enforcement officers who personally acquired assault weapons using the special provisions of law applicable to officers only, are required to relinquish them upon separation or retirement.

You'll find the answers to your LEOSA questions in 18 USC 926C. The text appears below:

Thank you for your time man. So weapons that belonged to his/her agency must be returned upon retirement but AWs and "high-capacity magazines" are okay to keep so long as they were purchased by the officer from a gun shop during his career? What's the deal with the AGs opinion? I'm assuming it isn't law and just his views on the matter? Sorry for all the questions I'm just a little too inquisitive I guess. Thanks for your patience!

[1CavScout]

Thank you man. So you need ten years of service with an LE agency and it doesn't matter how old you are so long as you left in good standing? Is this correct?

Yep, except for mental health reasons.

[racinjason233]

When said LEO purchases service weapon from his/her agency who puts service weapons in "jail"?

[Librarian]

When said LEO purchases service weapon from his/her agency who puts service weapons in "jail"?

No one - that's an exempt transfer, per PC 27065.

[RickD427]

When said LEO purchases service weapon from his/her agency who puts service weapons in "jail"?

There is no "jail". You gotta remember that prior to retirement, the officer already possessed the weapon for several years.

[micro911]

I bought my service pistol from the department last week. I paid it with a check, filled out the paperwork, and walked out of the logistics office with the pistol.

[mej16489]

The tricky part is the magazines - they can't give you those after retirement (Although I know 3 retired LASD who were given magazines post-retirement about 7-8 years ago)

So, one plans on 'keeping' their duty pistol, be sure to buy magazines before you retire.

[1CavScout]

The tricky part is the magazines - they can't give you those after retirement (Although I know 3 retired LASD who were given magazines post-retirement about 7-8 years ago)

So, one plans on 'keeping' their duty pistol, be sure to buy magazines before you retire.

True. I had a bunch of duty mags when I retired and turned in the 3 most beat up ones I had. The rest are on my nightstand next to my duty gun.

[micro911]

The tricky part is the magazines - they can't give you those after retirement (Although I know 3 retired LASD who were given magazines post-retirement about 7-8 years ago)

So, one plans on 'keeping' their duty pistol, be sure to buy magazines before you retire.

I did. They gave me 5 magazines with the pistol.