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POs not exempt from Prop 63?

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  • #16
    Patfishandshoot
    Junior Member
    • Dec 2015
    • 23

    Originally posted by RickD427
    I posted the verbatim text of the federal statute at issue. No opinions contained therein.

    You seem to be qualifying the text of the statute by adding "federal" before the word the law. That provision is not contained in the statute.

    I haven't seen any "acknowledgement" from DOJ concerning 18USC701. I did see a post from a fellow Calgunner, the last time we discussed this issue where he quoted correspondence from DOJ suggesting that FFLs note the ID number of a federal credential when, if I remember correctly, they were processing a waiting period exempt transaction. Since that did not require a photocopy of the credential by law or regulation, that would seem to be a reasonable position by DOJ. Are you possibly embellishing the meaning of that correspondence?
    My post was a response to #8, which another posted whether a California law would be considered "as authorized under regulations made pursuant to law"? In my eyes your response of "Yes" was an opinion and I was asking the basis of it. My post made it clear by using quotes of what the federal statute said, so no one would think I misread it. Yes my opinion was stated thereafter by using the word "seems" as I'm not an attorney, a federal judge, or work for U.S. DOJ.

    I'm not familiar with the other post regarding correspondence from DOJ posted on here related to the topic at hand. Mine was based upon this FAQ section of the CA DOJ website https://oag.ca.gov/firearms/fscfaqs On top of that, in the recently released, but then removed proposed high cap mag regulations, CA DOJ differentiated the process of purchasing high cap mags by federal vs local/state LEO, which further infers they are operating under the opinion that photocopying federal creds is illegal, as the revised penal code does not differentiate the process to purchase them for locals vs feds, rather it is a proposed regulation process created by CA DOJ itself.

    Comment

    • #17
      Bobby Ricigliano
      Mit Gott und Mauser
      CGN Contributor
      • Feb 2011
      • 17439

      Originally posted by rcslotcar
      Just buy ammo from the Police range,, it's cheaper there.
      Ours don't have 7.62x39, 7.62x54r, 6.5x55, 8mm.......etc.......

      Comment

      • #18
        vairox
        Banned
        • Dec 2016
        • 59

        Originally posted by rcslotcar
        Just buy ammo from the Police range,, it's cheaper there.
        The one we have next to the CHP charges about $20-$25 for a 50 round box of 9mm, no thanks

        Comment

        • #19
          vairox
          Banned
          • Dec 2016
          • 59

          How will this affect out of state, online sales? Will direct sales to POs be allowed or will ammo have to ship to an in state ammo vendor who will no doubt charge an exorbitant "delivery and holding" fee cause you didn't buy their overpriced ammo?

          Comment

          • #20
            TrailerparkTrash
            Veteran Member
            • Oct 2005
            • 4249

            Guys, remember that Cali is NOT the first state to enact this ammo bull krap law. IIRC, either NY, NJ and/or CT already have similar laws. It does make people jump through some more hoops at the cash register, but we'll still get ammo.

            What I don't like is that online sales are basically more of a hassle now because one will have to go through an ammo dealer and that will cost us more in the form of a fee, making online sales no longer more affordable when compared to an actual point of sale at a local retailer.

            F this state. Move if you can.
            sigpic

            It`s funny to me to see how angry an atheist is over a God they don`t believe in.` -Jack Hibbs

            -ΙΧΘΥΣ <><

            Comment

            • #21
              vairox
              Banned
              • Dec 2016
              • 59

              That's what I thought, time for some nevada runs

              Comment

              • #22
                r6guy85
                Member
                • Aug 2013
                • 451

                So would badge and credentials exempt peace officers to buy ammo?

                Comment

                • #23
                  vairox
                  Banned
                  • Dec 2016
                  • 59

                  Originally posted by r6guy85
                  So would badge and credentials exempt peace officers to buy ammo?
                  says:

                  (B) (i) Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of the officer's duties.

                  (ii) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or transferee shall provide bona fide evidence of identity to verify that he or she is the person authorized in the certification.

                  (iii) The vendor shall keep the certification with the record of sale and submit the certification to the department.
                  I have partners that are part time peace officers, they choose to be because they make more money doing their other job. There isn't an ID I know of that says "this peace officer is authorized to carry a firearm in the course of their duties" that is kind of implied within the term 'peace officer', just seems like a lot of excess verbiage and implies to me that something more than just an ID is going to be needed but maybe I'm reading too much into it.

                  Comment

                  • #24
                    r6guy85
                    Member
                    • Aug 2013
                    • 451

                    Sounds like the same process like when we buy off roster firearms. They photocopy our credentials and that all that is needed. Same process but buying ammo instead of a off roster firearm or high capacity mags.

                    Comment

                    • #25
                      Mickeymouse1
                      Junior Member
                      • Jul 2015
                      • 67

                      Not all peace officers carry firearms. Yes there are a few. Even then on duty they are not allowed to carry firearms.

                      Comment

                      • #26
                        Enterprise
                        Junior Member
                        • Oct 2013
                        • 13

                        So we only need to provide our credentials to buy an off roster handgun, but to purchase ammo I need my credentials AND a letter.... kind of *** backwards if you ask me!

                        Comment

                        • #27
                          9M62
                          Senior Member
                          • Oct 2011
                          • 1519

                          Originally posted by RickD427
                          What makes you think that that a Peace Officer ID card is not good enough?

                          My LEO ID Card (when I was working - I'm retired now) met all of the requirements contained in Penal Code section 30352:

                          1) It was written and verifiable.

                          2) It contained a certification from the Sheriff that I was a full-time peace officer.

                          3) It contained a certification that I was authorized to carry firearms.
                          I see it the same way.

                          A Police ID card is issued, in writing, by a Chief or Sheriff is all of those three things you pointed out.

                          I think that suffices.

                          Comment

                          • #28
                            9M62
                            Senior Member
                            • Oct 2011
                            • 1519

                            Originally posted by vairox
                            \There isn't an ID I know of that says "this peace officer is authorized to carry a firearm in the course of their duties" that is kind of implied within the term 'peace officer', just seems like a lot of excess verbiage and implies to me that something more than just an ID is going to be needed but maybe I'm reading too much into it.
                            All of the one's I've seen, including the one I am looking at now says "is authorized to carry a firearm" (on the back, among other things that define what class of peace officer the person is, what their duties are, who authorized it, etc).

                            Comment

                            • #29
                              vairox
                              Banned
                              • Dec 2016
                              • 59

                              Mine doesn't, and we carry Glock 22's on duty. Sounds like a cluster **** to me.

                              Comment

                              • #30
                                sacmedic01
                                Junior Member
                                • May 2015
                                • 83

                                Mine doesn't either. But I carry a Sig 226. So, again, California legislators wrote a poorly worded statute. Go figure.

                                Comment

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