Out of State Retirees

[Dump1567]

I'm planing to move to AZ next month, but will be back in CA due to family & friends. For those that were active LEO and retired out of state, I had a few questions for you.

Do you keep-up on your dept.'s (or States) requirement for CCW in CA? Are we even eligible anymore if we're not a resident of CA? I'm assuming most would keep-up on there HR 218 requirement.

As retired LEO's, we can keep Hi-caps in CA. But since I won't be a resident anymore, can I bring hi-caps back into the state with my CCW?

What about CCWing in CA a gun you bought out of State that isn't registered to you in CA or on the roster? I know guns are supposed to be registered to you that you CCW. Not sure how that works with LEO Retirees.

And registered AW's? Although registered in CA, I'm assuming once you're no longer a resident, you can't bring these back into CA?

Any other insight you want to share?

Thanks.

[Ron-Solo]

I

I'm planing to move to AZ next month, but will be back in CA due to family & friends. For those that were active LEO and retired out of state, I had a few questions for you.

Do you keep-up on your dept.'s (or States) requirement for CCW in CA? Are we even eligible anymore if we're not a resident of CA? I'm assuming most would keep-up on there HR 218 requirement.

you should keep up,with your Department’s CCW requirements, mine (LASD) requires me to renew every 5 years. With the annual LEOSA qualification, it’s good in all 50 states. If you rely on a state CCW for carry, it isn’t going to be good if you visit California. Arizona doesn’t require a permit to carry in most places.

As retired LEO's, we can keep Hi-caps in CA. But since I won't be a resident anymore, can I bring hi-caps back into the state with my CCW?

If you lawfully purchased/possessed them in California, you can bring them back with you. I go back and forth all the time, but not with ones I bought in Arizona.

What about CCWing in CA a gun you bought out of State that isn't registered to you in CA or on the roster? I know guns are supposed to be registered to you that you CCW. Not sure how that works with LEO Retirees.

The roster only applies to the purchase of a gun thru a dealer, not possession. There is no requirement that guns be “registered” to you in California. Some California issuing CCW agencies require a record of ownership in AFS to the person receiving the CCW permit. DROS records are not a true registration, but many incorrectly assume that it is registration.

And registered AW's? Although registered in CA, I'm assuming once you're no longer a resident, you can't bring these back into CA?

Once an AW is registered to you, you can lawfully possess it. State residency was only required for the initial registration. Keep it registered and you’re good to go.

Any other insight you want to share

check with your agency regarding their procedures to keep your credentials current.

Thanks.

Most California LE retirement ccw has to be renewed every 5 years. LASD doesn’t require any qualification outside of LEOSA requirements.

Retirement is everything it’s cracked up to be.........freaking awesome!

[Dump1567]

I thought CA required a gun to be registered (or DROS'd) to the person CCWing it, or it's a misdemeanor?

[Bart1015]

I thought CA required a gun to be registered (or DROS'd) to the person CCWing it, or it's a misdemeanor?

I thought it was only a violation if in possession while committing another crime.

At least that is how it was done when I was working as a cop. I will have to admit I did not verify my answer to be inline with current law.

Brett

[esy]

PC 25850(c)(6) is possession of a firearm not registered to them. It’s a wobbler.

That goes out the window for spouses though. So, it depends on who’s gun it is.

[TrailerparkTrash]

So my brother retired 830.1 and moved to NV. He was told by both his now x—agency and where he quals for HR218 and his old department, that since he no longer is a resident in Commifornia, he can only carry 10-rnd mags or less when he visits here. ??? So what gives? Bad info he’s getting? I haven’t researched it in detail because I’m not quite retired yet. Everyone always seems to have a different answer.


He doesn’t really care though because he usually just ccw’s a S&W Shield (low cap mags).

[esy]

[P5Ret]

I'm not positive that the current version of the law provides an exemption for retiree's to bring LCM's into Ca.

32406. Subdivision (c) of Section 32310 does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired,

I could be way off but, I don't think we're covered any longer if we take LCM's out of state and come back with them.

[Dump1567]

I've made my G26 my travel gun, so I could just as easily use 10 rounders when I come back to CA.

[esy]

I'm not positive that the current version of the law provides an exemption for retiree's to bring LCM's into Ca.

32406. Subdivision (c) of Section 32310 does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired,

I could be way off but, I don't think we're covered any longer if we take LCM's out of state and come back with them.

P5Ret, going by 32406 and 32310, it seems like retired LEO is good to go.

32310(c) states that any person having it would be an infraction and 32406 states that 32310(c) does not apply to retired LEO.

[RickD427]

P5Ret, going by 32406 and 32310, it seems like retired LEO is good to go.

32310(c) states that any person having it would be an infraction and 32406 states that 32310(c) does not apply to retired LEO.

esy,

That's cool, but where is the source of exemption from 32310(a) PC for a retired LEO?

[esy]

esy,

That's cool, but where is the source of exemption from 32310(a) PC for a retired LEO?

Hmm, good catch. I didn’t even bother to look at (a). I’ll keep trying to weed through the CA garbage.

My guess is that you’ve already done so, Rick, so I’d definitely defer to you.

EDIT: The trouble I’m having with the 32406 exemption to 32310(c) and this particular scenario of OP’s is that it would read that a retired LEO is not exempt from (a). I get that part. However, in the OP’s scenario or suggestion that if he had already owned the standard or high cap mags whilst working as a CA LEO, that it’s not importing per the actual definition. Importing would be bringing the mag into CA if purchased outside of CA and not one that was simply taken out and brought back. How one could prove that a mag was a CA mag or not would be the ultimate decider.

That’s how I’m understanding it. Thoughts, Rick?

[RickD427]

esy,

You're quite correct that California's laws can be really difficult to parse through, and they often produce some counter-intuitive results.

I don't follow changes in California law a closely as I used to. I'm now retired and I left the state a few minutes after retiring.

There used to be a clear exemption from 32310(a) for all persons who lawfully possessed a large-capacity magazine to remove it from the state, and then return with it. I can no longer find that exemption, and suspect that it went away with SB 1446.

That leaves open the question of whether a person, under these condition is "importing" the magazine. I suspect that a California court would answer the question in the affirmative, particularly since prior statutes provided an exception for such "importation."

By my personal opinion don't count for nothing in the grand scheme of things. It's what an Appellate Court would rule that really counts.

[mej16489]

There used to be a clear exemption from 32310(a) for all persons who lawfully possessed a large-capacity magazine to remove it from the state, and then return with it. I can no longer find that exemption, and suspect that it went away with SB 1446.

Correct, that exemption was stricken.

[code_blue]

I'm curious as to which agency or reasonable officer would enforce upon a person not committing a crime in the Mala in Se variety.

PC 4, right, folks?