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LE and selling off-Roster handguns

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  • #31
    socalbeachbum
    Junior Member
    • Oct 2014
    • 88

    I just received on 6/24/21 to DOJ letter BOF/PUB-0020 - but why?

    Why did I get mailed this letter? Is it because I have done a few non-roster transfers in past couple years?

    Most of the letter lists who they see as LE officials, but the opening sentence is the only statement that caught my attention:

    "Criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun."

    Am I about to be raided or investigated?

    copy is attached as a jpg file of page 1 and 2, the entire mailing.
    Attached Files
    Last edited by socalbeachbum; 06-24-2021, 1:48 PM.
    CGN/CGSSA Contributor

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    • #32
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44631

      Originally posted by socalbeachbum
      Why di I get mailed this letter? Is it because I have done a few non-roster transfers in past couple years?

      Most of the letter lists who they see as LE officails, but the opening sentence is the only statement that caught my attention:

      "Criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun.

      Am I about to be raided or investigated?

      copy is attached as a jpg file of page 1 and 2, the entire mailing.
      See this thread - http://www.calguns.net/calgunforum/s....php?t=1724679
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #33
        socalbeachbum
        Junior Member
        • Oct 2014
        • 88

        ok, so either POST certs or the X81 exemption triggered the mailings, got it thanks.

        But what about the opening statement? Criminal penalties for those who sell or
        purchase non-roster? Thousands of buyers and sellers are transferring non-rosters.
        CGN/CGSSA Contributor

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        • #34
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44631

          Originally posted by socalbeachbum
          ok, so either POST certs or the X81 exemption triggered the mailings, got it thanks.

          But what about the opening statement? Criminal penalties for those who sell or
          purchase non-roster? Thousands of buyers and sellers are transferring non-rosters.
          Statement applies only to CA LE as described in the letter.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #35
            socalbeachbum
            Junior Member
            • Oct 2014
            • 88

            oh ok that makes more sense I suppose thanks
            CGN/CGSSA Contributor

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            • #36
              RCxRC
              Member
              • Sep 2008
              • 160

              In reading the original legislation for the updated chapter that PC 32000 is in, it mentions that not only will the Dept & LEO receive "notification" of the law (including possible penalties), buyers of off-roster handguns would also receive notice. It is simply advisory.
              Last edited by RCxRC; 06-24-2021, 6:00 PM.
              "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the gray twilight that knows not victory nor defeat. ..."
              --Theodore Roosevelt, "The Strenuous Life," April 10, 1899

              Comment

              • #37
                BoulderTroll
                Junior Member
                • Jul 2012
                • 76

                Sorry to be "that guy" who wants to be spoonfed answers, but in this case, I'm him. Long week at work, starting a divorce, and my head is on information overload, so please help out the moron...

                Due to said divorce, I'm going to be selling some guns. I'm a full-time deputy sheriff in CA. If my agency has no policy against it, can I sell off-roster guns that I bought under the exemption to non-LEO's in a PPT? I've done it before with no issues, just wondering if a law has changed in the last year or two that now says I can't. And before anyone says it, I'm aware of the 2 month between purchase and sale red flag stuff...I've owned all these for years so I think I'm good there as far as showing no intent for resale at time of purchase.

                Thanks in advance!

                Comment

                • #38
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44631

                  Originally posted by BoulderTroll
                  Sorry to be "that guy" who wants to be spoonfed answers, but in this case, I'm him. Long week at work, starting a divorce, and my head is on information overload, so please help out the moron...

                  Due to said divorce, I'm going to be selling some guns. I'm a full-time deputy sheriff in CA. If my agency has no policy against it, can I sell off-roster guns that I bought under the exemption to non-LEO's in a PPT? I've done it before with no issues, just wondering if a law has changed in the last year or two that now says I can't. And before anyone says it, I'm aware of the 2 month between purchase and sale red flag stuff...I've owned all these for years so I think I'm good there as far as showing no intent for resale at time of purchase.

                  Thanks in advance!
                  As a Deputy, you are 'tier one' and not restricted from resale by law. Your employer may have its own opinion, as you note.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #39
                    BoulderTroll
                    Junior Member
                    • Jul 2012
                    • 76

                    Originally posted by Librarian
                    As a Deputy, you are 'tier one' and not restricted from resale by law. Your employer may have its own opinion, as you note.
                    Thank you, Sir!

                    Comment

                    • #40
                      Yogi5811
                      Member
                      • Feb 2022
                      • 177

                      Has there been any update to LEO’s doing PPT of an off roster to non LEO? I attempted to do a PPT yesterday but the FFL said he wasn’t able to do it since the other party wasn’t LEO. I have some other off rosters that was I considering to sell or trade but want to know if I will be able to. The pistol was purchase by my LEO exemption in 2018 and I believe I fall under category 1 being employed as a police officer for a federal agency.
                      Last edited by Yogi5811; 03-04-2022, 10:21 AM.

                      Comment

                      • #41
                        9Cal_OC
                        Calguns Addict
                        • Apr 2019
                        • 6669

                        Originally posted by Yogi5811
                        Has there been any update to LEO’s doing PPT of an off roster to non LEO? I attempted to do a PPT yesterday but the FFL said he wasn’t able to do it since the other party wasn’t LEO. I have some other off rosters that was I considering to sell or trade but want to know if I will be able to. The pistol was purchase by my LEO exemption in 2018 and I believe I fall under category 1 being employed as a police officer for a federal agency.
                        Who’s the FFL?

                        Some like SW won’t do them anymore regardless of what tier you are in; only LEO to LEO.
                        Freedom isn't free...

                        sigpic

                        iTrader

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                        • #42
                          Rogue187
                          Senior Member
                          • Feb 2007
                          • 1157

                          You should name the FFL so another LEO won't make the mistake of going to that shop and wasting time.
                          Some shops are ignorant of the differences in the Tier's but it also doesn't help that they are getting misinformation from DOJ.

                          Comment

                          • #43
                            Yogi5811
                            Member
                            • Feb 2022
                            • 177

                            Comment

                            • #44
                              Yogi5811
                              Member
                              • Feb 2022
                              • 177

                              Originally posted by Rogue187
                              You should name the FFL so another LEO won't make the mistake of going to that shop and wasting time.
                              Some shops are ignorant of the differences in the Tier's but it also doesn't help that they are getting misinformation from DOJ.
                              This shop just said no off roster PPT to civilians and didn’t inquire about the tier. I was also picking up a .308 lever action and was given a questionnaire to complete. First question asked was if I purchased a semi automatic weapon in the last 30 days. I said yeah I just DROS’d a semi auto shotgun this morning and he had to get clarification that it would be ok to proceed. I ended up not doing any transactions that day even after they said I was fine because it was just a shotgun. They did have a good selection of firearms though.
                              Last edited by Yogi5811; 03-04-2022, 10:10 PM.

                              Comment

                              • #45
                                donutboi
                                Junior Member
                                • Apr 2009
                                • 39

                                It looks like DOJ just updated the penal code regarding off roster handgun. They removed Tier 3 completely and updated Tier 2.

                                It doesn’t say anything about “for duty use” for Tier 2 anymore.

                                Non-Roster Handgun (Unsafe Handgun) Exemptions Criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun. However, there are three groups of public entities that may purchase non-roster handguns. The prerequisites for purchase, the eligibility of sworn members of the entities to purchase non-roster handguns for personal use, and the restrictions on resale vary. For complete details please see California Penal Code section 32000, et seq.

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