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  • soryu
    Junior Member
    • Aug 2012
    • 3

    Out of State LEO

  • #2
    whatevs09
    Member
    • Jan 2018
    • 121

    Make sure your LEOSA ID and firearms qual. are in order. NO badge visible (unless you put a target around it). Per the penal code 32400, if you are on "official" agency business you can bring in large cap. mags. Otherwise, you are subject to state laws prohibiting them.

    Comment

    • #3
      Rogue187
      Senior Member
      • Feb 2007
      • 1157

      Originally posted by whatevs09
      Make sure your LEOSA ID and firearms qual. are in order. NO badge visible (unless you put a target around it). Per the penal code 32400, if you are on "official" agency business you can bring in large cap. mags. Otherwise, you are subject to state laws prohibiting them.
      Are you even an LEO?
      You just spit out some misinformation..

      Comment

      • #4
        code_blue
        Veteran Member
        • Sep 2012
        • 3461

        Your badge means nothing to CA and LEOSA. LEOSA requires that you carry your LE ID assuming that it meets LEOSA criteria: "Individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency."

        LEOSA qual creds are for persons separated or retired and does not apply to active duty LE.

        LEOSA currently does not have an exemption for magazine capacity. CA exempts if you are here for "official" purposes, but otherwise you "should" abide by the laws of the state you are planning to enter.
        Last edited by code_blue; 10-22-2018, 8:25 PM.
        Classifieds:

        Radian & Aero Pistol lowers, Folsom

        Comment

        • #5
          whatevs09
          Member
          • Jan 2018
          • 121

          Originally posted by Rogue187
          Are you even an LEO?
          You just spit out some misinformation..
          i am retired federal leo, all my time was in CA and enforcing CA laws via 18 USC section 13.

          what misinfo?? you did not specify?

          Comment

          • #6
            Rogue187
            Senior Member
            • Feb 2007
            • 1157

            Originally posted by whatevs09
            Make sure your LEOSA ID and firearms qual. are in order. NO badge visible (unless you put a target around it). Per the penal code 32400, if you are on "official" agency business you can bring in large cap. mags. Otherwise, you are subject to state laws prohibiting them.
            There is no LEOSA ID card which you stated. The only identification issued is upon retirement and if your department issues one. You can try for the Former Law Enforcement Officers ID.

            It's all up to the agency to issue.

            Using 18 USC 13 to perform your job functions sounds like your scope of authority was limited. Because each Federal Agency has it's own authority and that can be limited.

            18 USC 926 (b)(c) explains everything you need to know.

            OP is an active duty Deputy so there would be no issuance of a LEOSA identification because he would still possess his current agency ID.

            Comment

            • #7
              Kevfin
              Member
              • Aug 2018
              • 376

              Originally posted by code_blue
              Your badge means nothing to CA and LEOSA. LEOSA requires that you carry your LE ID assuming that it meets LEOSA criteria: "Individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency."

              LEOSA qual creds are for persons separated or retired and does not apply to active duty LE.

              LEOSA currently does not have an exemption for magazine capacity. CA exempts if you are here for "official" purposes, but otherwise you "should" abide by the laws of the state you are planning to enter.
              ^^^Mostly this^^^

              However, review this from our beloved Attorney General:



              ***Can active/retired officers carry large capacity magazines in states that restrict large capacity magazines?

              It appears that under California law 32310 PC, nobody may import large capacity magazines into California. There does not appear to be an exemption for law enforcement officers from other states. This may all lead somebody to ask whether federal law enforcement officers moving or being relocated into this state are in violation of California law if they bring their large capacity magazines with them, since such officers are in violation of California law and there is no exemption for them.


              ***I edited the answer from the AG. It had listed 12020(B) PC which is old. The new section is 32310(a) PC

              https://leginfo.legislature.ca.gov/f...ctionNum=32310.
              Last edited by Kevfin; 10-23-2018, 2:36 AM. Reason: Added updated information
              The race is not won to the swift or the strong, but to the one who endures until the end.

              Safety Rule #1:
              1) Treat all tweakers like they are loaded

              Comment

              • #8
                P5Ret
                Calguns Addict
                • Oct 2010
                • 6400

                Originally posted by Kevfin
                ^^^Mostly this^^^

                However, review this from our beloved Attorney General:



                ***Can active/retired officers carry large capacity magazines in states that restrict large capacity magazines?

                It appears that under California law 32310 PC, nobody may import large capacity magazines into California. There does not appear to be an exemption for law enforcement officers from other states. This may all lead somebody to ask whether federal law enforcement officers moving or being relocated into this state are in violation of California law if they bring their large capacity magazines with them, since such officers are in violation of California law and there is no exemption for them.


                ***I edited the answer from the AG. It had listed 12020(B) PC which is old. The new section is 32310(a) PC

                https://leginfo.legislature.ca.gov/f...ctionNum=32310.
                You may want to read the actual exemption's that start at 32400 CPC, as there is clearly an exemption for fed's written into the law. There is also an exemption for out of state officer's in Ca on official duty in Ca.

                32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer,

                Comment

                • #9
                  Kevfin
                  Member
                  • Aug 2018
                  • 376

                  Originally posted by P5Ret
                  You may want to read the actual exemption's that start at 32400 CPC, as there is clearly an exemption for fed's written into the law. There is also an exemption for out of state officer's in Ca on official duty in Ca.

                  32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties.
                  I did read that and you’re right that the statue is clearly different then what the AG has indicated. However, the OP isn’t on official business or a federal law enforcement officer.
                  Last edited by Kevfin; 10-23-2018, 9:56 AM.
                  The race is not won to the swift or the strong, but to the one who endures until the end.

                  Safety Rule #1:
                  1) Treat all tweakers like they are loaded

                  Comment

                  • #10
                    Dr Pete
                    Senior Member
                    • Oct 2009
                    • 757

                    I am NOT LEO but I feel compelled to say something.

                    How screwed up are this States gun laws that even law enforcement cannot keep up on being legal?

                    This should say enough.

                    Thank you for your service sir.

                    Comment

                    • #11
                      whatevs09
                      Member
                      • Jan 2018
                      • 121

                      Originally posted by Rogue187
                      There is no LEOSA ID card which you stated. The only identification issued is upon retirement and if your department issues one. You can try for the Former Law Enforcement Officers ID.



                      It's all up to the agency to issue.

                      Using 18 USC 13 to perform your job functions sounds like your scope of authority was limited. Because each Federal Agency has it's own authority and that can be limited.



                      18 USC 926 (b)(c) explains everything you need to know.



                      OP is an active duty Deputy so there would be no issuance of a LEOSA identification because he would still possess his current agency ID.
                      ok so LEOSA compliant ID. is that better?
                      I worked in SF county and had MOU letter by Sheriff that granted full peace officer powers.
                      I have read the LEOSA law.
                      Last edited by whatevs09; 11-01-2018, 6:58 AM.

                      Comment

                      • #12
                        code_blue
                        Veteran Member
                        • Sep 2012
                        • 3461

                        Originally posted by whatevs09
                        ok so LEOSA compliant ID. is that better?
                        I worked in SF county and had MOU letter by Sheriff that granted full peace officer powers.
                        I have read the LEOSA law.
                        I agree active LE would not qualify for LEOSA, my mistake.

                        Active LE would and does qualify for LEOSA under "Qualified Law Enforcement Officers" while retirees/separated after 10-aggregate service years fall under "Retired Qualified Law Enforcement Officers".

                        Active only needs their LE photo ID while retirees/separated folks need LE retiree/separated photo ID PLUS annual qual card.

                        There are 2 separate categories.
                        Classifieds:

                        Radian & Aero Pistol lowers, Folsom

                        Comment

                        • #13
                          P5Ret
                          Calguns Addict
                          • Oct 2010
                          • 6400

                          Originally posted by Dr Pete
                          I am NOT LEO but I feel compelled to say something.

                          How screwed up are this States gun laws that even law enforcement cannot keep up on being legal?

                          This should say enough.

                          Thank you for your service sir.
                          That may be an accurate statement, however the OP is not an LEO in Ca, and the basis of his question is about a federal law.

                          Comment

                          • #14
                            Country_Jim
                            Member
                            • Feb 2014
                            • 346

                            Originally posted by whatevs09
                            ok so LEOSA compliant ID. is that better?
                            I worked in SF county and had MOU letter by Sheriff that granted full peace officer powers.
                            I have read the LEOSA law.
                            I agree active LE would not qualify for LEOSA, my mistake.
                            Are you sure you read the LEOSA?

                            Comment

                            • #15
                              whatevs09
                              Member
                              • Jan 2018
                              • 121

                              Originally posted by Country_Jim
                              Are you sure you read the LEOSA?
                              after reading all of your posts, you never seem to have anything substantial to contribute. OH well.

                              Comment

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