Patrol AW Question

[Petro6golf]

So our dept had range training a couple days ago. During the training we went over use of force and new firearms laws. They cited the law (not sure what it is and i'm off for another couple weeks and cant find out) stating that a new CA law was passed which states we can only use our dept issued or purchased on a letter AW during the course of our duties. If we were to go to the range when we are off we are in possession of an illegal AW and could possibly be arrested.

I guess some leo in so cal was late to work and had his wife bring his AR to work for him. She got stopped and arrested for illegal aw possession.

Maybe i'm an idiot but I try to keep up on this stuff pretty closely and would have thought I would have heard about the "you cant use your AR off duty" law being passed. Can someone tell me the penal code for this and what the deal is. Thanks

[CaptMike]

From what you stated, it was illegal for the wife to possess the AW. The law says that others can use an AW as long as the registered owner is there. You cant lend them to others. She should not have brought it to her husband.

He can use it all he wants. Your department may place a policy on you that you must abide by or agree too to get the letter in the first place so it is possible that a department may restrict where you can practice with it. Technically the law says that once it is registered it is yours, but if you agree to something and then dont comply, you may be terminated for not following policy. this can then be litigated to get your job back.

On a side note, what jerk arrested that woman for trying to help her husband. Letter of the law versus spirit of the law. Smh

[RangemasterP226]

Sometimes we are our own worst enemy.

That sounds like an overzealous agency policy to me.

[Quiet]

Maybe i'm an idiot but I try to keep up on this stuff pretty closely and would have thought I would have heard about the "you cant use your AR off duty" law being passed. Can someone tell me the penal code for this and what the deal is. Thanks

There are no CA laws for assault weapons prohibiting it's use while off-duty.


But for department issued Destructive Device (DD), Machine Gun (MG), Silencer/Noise Suppressor (NS), Short Barreled Rifle (SBR), and Short Barreled Shotgun (SBS)...

Under CA laws, those firearms can only be possessed/used while on duty by department authorized personnel.

So, it is illegal to use a department issued DD/MG/NS/SBR/SBS while off-duty or to let non-department authorized personnel possess/use it.

DD = PC 18800(b)
MG = PC 32610(b)
NS = PC 33415(b)
SBR/SBS = PC 33220(b)

[Quiet]

There are no CA laws for assault weapons prohibiting it's use while off-duty.

Had a little (off the books) discussion about this topic with ADA assigned to my work.

What they said...

If it's a department issued assault weapon, then it's possession/use is only allowed while on duty and by department authorized personnel only. [PC 30625]

If it's an individually (LEO) owned assault weapon, then it can be used on or off duty. [PC 30630(a)]

So...
... if you get a department letter that authorizes you to acquire an assault weapon (you own it), then you can use it on-duty and off-duty.
... if the department issues you an assault weapon (they own it), then you can only use it when you are on-duty.

[1CavScout]

^^^ So they are supposed to leave their issued AW's at work? That will be news to a lot of guys I know still working. They go home with them with the rest of their gear.

[IrishJoe3]

Had a little (off the books) discussion about this topic with ADA assigned to my work.

What they said...

If it's a department issued assault weapon, then it's possession/use is only allowed while on duty and by department authorized personnel only. [PC 30625]

If it's an individually (LEO) owned assault weapon, then it can be used on or off duty. [PC 30630(a)]

So...
... if you get a department letter that authorizes you to acquire an assault weapon (you own it), then you can use it on-duty and off-duty.
... if the department issues you an assault weapon (they own it), then you can only use it when you are on-duty.

And that ADAs standard is based on.....what?

[Quiet]

^^^ So they are supposed to leave their issued AW's at work? That will be news to a lot of guys I know still working. They go home with them with the rest of their gear.

It's legal for them to possess it, they just can't use it while not working.

And that ADAs standard is based on.....what?

CA laws [PC 30625] for department owned assault weapons states: "... for use in the discharge of their official duties."

CA laws [PC 30630(a)] for individual LEO owned assault weapons states: "... shall not prohibit the possession or use..., whether on or off duty."

Said it was a technicality, that they would not file. Would kick it back to the LEO's department for them to handle internally.

[Petro6golf]

From what you stated, it was illegal for the wife to possess the AW. The law says that others can use an AW as long as the registered owner is there. You cant lend them to others. She should not have brought it to her husband.

He can use it all he wants. Your department may place a policy on you that you must abide by or agree too to get the letter in the first place so it is possible that a department may restrict where you can practice with it. Technically the law says that once it is registered it is yours, but if you agree to something and then dont comply, you may be terminated for not following policy. this can then be litigated to get your job back.

On a side note, what jerk arrested that woman for trying to help her husband. Letter of the law versus spirit of the law. Smh

Thanks for the help. Your bottom note was echoed by about a dozen Deputies. We came to the conclusion she was arrested by CHP