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Fed LEO status in CA

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  • #16
    RickD427
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Jan 2007
    • 9270

    Originally posted by FormerOne
    Yup, 20+ years both Patrol, and Fed Inv

    Are you familiar with CBAG?

    99% of the Fed 1811s assigned to the Border area in San Diego County have or will present criminal cases in California State Court.

    These Fed Criminal Investigators, although not defined as CA. Peace Officers under 830.8, can arrest AND charge ANY crime in CA. State Court (pursuant to agreements under CBAG and the San Diego County DA's Officer, including subsequent revised agreements).

    They also can be affiants for the application of Court Orders in CA. State Court, (i.e. S/W's T-3's etc) and execute such orders

    Here's an open source synopsis of the long standing program;

    https://www.ncjrs.gov/ondcppubs/publ...001/ca-fs.html
    Yes, that's all well and good (except the part about "charging" a violator, a federal agent cannot do that, nor can a state peace officer, only a prosecutor can charge an arrestee), but as you've pointed out, it doesn't make the federal officers involved California state peace officers.
    If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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    • #17
      Ryridesmotox
      Member
      • Jan 2016
      • 239

      Originally posted by RickD427
      Now I can see your issue.

      California's "Large-Capacity Magazine" law does address "Peace Officers". Until recently, only California peace officers were exempt from the prohibition on personally purchasing, or importing, large-capacity magazines.

      That statute was recently amended to include federal LEOs. But it includes them by their federal position. It does not make them California peace officers.

      Here is new wording of that statute (PC 32405):
      That last part sounds like we (feds) can only get "hi cap" magazines for duty weapons. Wonder if that's true or if we can get them for any firearm

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      • #18
        RickD427
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2007
        • 9270

        Originally posted by Ryridesmotox
        That last part sounds like we (feds) can only get "hi cap" magazines for duty weapons. Wonder if that's true or if we can get them for any firearm
        When I parse out the words of that statute, I get to a different conclusion. The statute requires that: 1) You be sworn federal law enforcement officer, and 2 ) That you be authorized to carry a firearm.

        I don't see a requirement for the purchased magazine to be for use in the authorized firearm.
        If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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        • #19
          Ryridesmotox
          Member
          • Jan 2016
          • 239

          Then I wonder why it's so hard for me to get them. Most shops won't order them for me anymore. Haven't found one that will locally. I don't want to be a dick and roll in with the copy of the law or whatever. Just trying to figure it out.

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          • #20
            sdsu619
            Junior Member
            • May 2016
            • 77

            Originally posted by Ryridesmotox
            Then I wonder why it's so hard for me to get them. Most shops won't order them for me anymore. Haven't found one that will locally. I don't want to be a dick and roll in with the copy of the law or whatever. Just trying to figure it out.


            Sadly, many dealers discriminate based on agency, or have not been updated since 2013 or so.


            Sent from my iPhone using Tapatalk

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            • #21
              Ryridesmotox
              Member
              • Jan 2016
              • 239

              It's weird because it just started a few months ago. I had no problem until I ordered my last batch of mags for my match gun. Its... Weird.

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