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Are LEOs exempt from ammo BG check?

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  • #16
    ten888
    Senior Member
    CGN Contributor
    • Dec 2016
    • 1643

    Originally posted by taperxz;
    DOJ adopted the regulation that unless you have a letter from the Head of Dept. you must go through a background check. DOJ requires this from dealers and it doesn't always matter what the PC says. DOJ are the ones telling us to get a letter.

    I posted the PC because I agree. As written (B)(i),(ii), (iii) support your statement.
    "Grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference." - Niebuhr

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    • #17
      r6guy85
      Member
      • Aug 2013
      • 451

      Lmao..... were In the P.C does it say LEO need a letter. Proper Identification is the LEO credential which meet all the verifying written certification. On the credentials it is issued and signed by the head of the agency, it includes the peace officer status of employment and The P.C. For his peace officer duties. It Identifies him or her with other personal information and provides a department photo On the ID (credentials) also. LEO carry a a flat badge with credentials in there wallet NOT a flat badge and a letter printed from a inkjet printer LOL...

      PC 30352(e)

      (8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties.
      (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.
      Last edited by r6guy85; 04-29-2020, 5:35 PM.

      Comment

      • #18
        1G75
        Member
        • Sep 2014
        • 180

        TSUSA/ Brownells will ship to your door with copy of ID.

        Others will ship to your station with ID.

        For the ones who ask for a letter, they prob don't have anything in stock anyway.

        Comment

        • #19
          taperxz
          I need a LIFE!!
          • Feb 2010
          • 19395

          Originally posted by r6guy85
          Lmao..... were In the P.C does it say LEO need a letter. Proper Identification is the LEO credential which meet all the verifying written certification. On the credentials it is issued and signed by the head of the agency, it includes the peace officer status of employment and The P.C. For his peace officer duties. It Identifies him or her with other personal information and provides a department photo On the ID (credentials) also. LEO carry a a flat badge with credentials in there wallet NOT a flat badge and a letter printed from a inkjet printer LOL...

          PC 30352(e)

          (8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties.
          (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.
          CA DOJ regulations who issues me my license tells me to get a letter. Not the PC

          Comment

          • #20
            DT556
            CGN/CGSSA Contributor
            CGN Contributor
            • Mar 2011
            • 3671

            Originally posted by taperxz
            CA DOJ regulations who issues me my license tells me to get a letter. Not the PC
            I'll try to talk to the supervisory agent when I see him again and ask if they can send out a clarification letter to all CA FFL's

            Comment

            • #21
              DT556
              CGN/CGSSA Contributor
              CGN Contributor
              • Mar 2011
              • 3671

              Originally posted by 1G75
              TSUSA/ Brownells will ship to your door with copy of ID.

              Others will ship to your station with ID.

              For the ones who ask for a letter, they prob don't have anything in stock anyway.
              TSUSA is my favorite. They're prices are unbeatable especially if you have their Prime membership. Too bad everything is sold out right now.

              Brass 9mm was $140/1000rds shipped to my door
              Brass 5.56 was $240/1000rds shipped to my door.

              Hopefully it goes back to that soon.



              I didn't know that Brownells offered that too. Thanks for letting me know.

              Comment

              • #22
                taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                Originally posted by Damiiaaannn
                I'll try to talk to the supervisory agent when I see him again and ask if they can send out a clarification letter to all CA FFL's
                That would be helpful. And make sense. Then I can pass that letter on to Michel and associates since that’s who my lawyer works for and advises us on such things.

                Anytime I don’t have to run a BG check is a good thing for me. I don’t like having to do them
                Last edited by taperxz; 04-29-2020, 8:02 PM.

                Comment

                • #23
                  brad96cdc
                  Member
                  • Jul 2016
                  • 265

                  Someone please tell a certain am I seller near LAX
                  Their big parking lot Sale they wasted 15 minutes DROs me and I showed them my ID

                  Oh well


                  Sent from my iPhone using Tapatalk

                  Comment

                  • #24
                    JCHavasu
                    Senior Member
                    • Jun 2016
                    • 672

                    Originally posted by r6guy85
                    Lmao..... were In the P.C does it say LEO need a letter. Proper Identification is the LEO credential which meet all the verifying written certification. On the credentials it is issued and signed by the head of the agency, it includes the peace officer status of employment and The P.C. For his peace officer duties. It Identifies him or her with other personal information and provides a department photo On the ID (credentials) also. LEO carry a a flat badge with credentials in there wallet NOT a flat badge and a letter printed from a inkjet printer LOL...

                    PC 30352(e)

                    (8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties.
                    (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.
                    Well it also says:
                    (iii) The vendor shall keep the certification with the record of sale and submit the certification to the department.

                    If they meant a copy of LE credentials then they probably would have written that.
                    "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

                    "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

                    "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt

                    Comment

                    • #25
                      taperxz
                      I need a LIFE!!
                      • Feb 2010
                      • 19395

                      Originally posted by JCHavasu
                      Well it also says:
                      (iii) The vendor shall keep the certification with the record of sale and submit the certification to the department.

                      If they meant a copy of LE credentials then they probably would have written that.
                      Ya! Because if you look at the code above for exemptions, it’s the same exact language for a letter waiving the 10 day wait for a firearm.
                      10 Day Waiting Period Exemption

                      The waiting period described in Penal Code section 26815 does not apply to the sale, delivery, or transfer of firearms made to any person who satisfies both of the following requirements:

                      Comment

                      • #26
                        Quiet
                        retired Goon
                        • Mar 2007
                        • 30241

                        Originally posted by taperxz
                        DOJ adopted the regulation that unless you have a letter from the Head of Dept. you must go through a background check. DOJ requires this from dealers and it doesn't always matter what the PC says. DOJ are the ones telling us to get a letter.

                        Originally Posted by PC30352;
                        PC 30352(e)

                        (8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties.
                        (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.
                        (f) The department is authorized to adopt regulations to implement the provisions of this section.
                        Applicable CA regulations...

                        California Code of Regulations Title 11 Divison 5 Chapter 11 Article 5 Section 4306
                        (a) The following types of identification will properly identify an individual who is exempt pursuant to Penal Code section 30352, subdivision (e), from Department approval to purchase or transfer ammunition.
                        (8) An authorized law enforcement representative of a city, county, city and county, or state or federal government shall present written authorization from the head of the agency authorizing the ammunition purchase or transfer, as described by Penal Code section 30352, subdivision (e)(7).
                        (9) A properly identified sworn peace officer, as defined in Chapter 4.5 of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of the officer's duties, shall present both:
                        (A) A sworn state or local peace officer's credential, and
                        (B) Verifiable written certification from the head of the agency, as described by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written certification from the head of the agency expires 30 days after issuance.
                        (10) A properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties, shall present both:
                        (A) A sworn federal law enforcement officer's credential, and
                        (B) Verifiable written certification from the head of the agency, as described by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written certification from the head of the agency expires 30 days after issuance.
                        (b) For persons identified pursuant to subdivisions (a)(9) and (10) of this section, the ammunition vendor shall keep a photocopy of the front and back of the credential and the identification document provided pursuant to subdivision (c) of this section, along with the original verifiable written certification from the head of the agency. The ammunition vendor shall make a copy of these records available to the Department upon request.
                        (1) If the law enforcement agency does not allow photocopies to be made of the credential, the ammunition vendor shall retain a business card from the sworn law enforcement officer after personally viewing the credential.
                        (c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or salesperson shall require the purchaser or transferee to provide an identification document that meets the requirements of Penal Code section 16300, to verify that the person who is receiving delivery of the ammunition is the person exempted pursuant to Penal Code section 30352, subdivision (e).
                        (d) Once the ammunition vendor has verified that the individual is exempt from Department approval to purchase or transfer ammunition, the ammunition vendor may process an ammunition purchase or transfer without Department approval.

                        Penal Code 16300
                        As used in this part, “bona fide evidence of identity” or “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person.
                        Last edited by Quiet; 04-29-2020, 9:04 PM.
                        sigpic

                        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                        Comment

                        • #27
                          taperxz
                          I need a LIFE!!
                          • Feb 2010
                          • 19395

                          Originally posted by Quiet
                          Applicable CA regulations...

                          California Code of Regulations Title 11 Divison 5 Chapter 11 Article 5 Section 4306
                          (a) The following types of identification will properly identify an individual who is exempt pursuant to Penal Code section 30352, subdivision (e), from Department approval to purchase or transfer ammunition.
                          (8) An authorized law enforcement representative of a city, county, city and county, or state or federal government shall present written authorization from the head of the agency authorizing the ammunition purchase or transfer, as described by Penal Code section 30352, subdivision (e)(7).
                          (9) A properly identified sworn peace officer, as defined in Chapter 4.5 of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of the officer's duties, shall present both:
                          (A) A sworn state or local peace officer's credential, and
                          (B) Verifiable written certification from the head of the agency, as described by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written certification from the head of the agency expires 30 days after issuance.
                          (10) A properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties, shall present both:
                          (A) A sworn federal law enforcement officer's credential, and
                          (B) Verifiable written certification from the head of the agency, as described by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written certification from the head of the agency expires 30 days after issuance.
                          (b) For persons identified pursuant to subdivisions (a)(9) and (10) of this section, the ammunition vendor shall keep a photocopy of the front and back of the credential and the identification document provided pursuant to subdivision (c) of this section, along with the original verifiable written certification from the head of the agency. The ammunition vendor shall make a copy of these records available to the Department upon request.
                          (1) If the law enforcement agency does not allow photocopies to be made of the credential, the ammunition vendor shall retain a business card from the sworn law enforcement officer after personally viewing the credential.
                          (c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or salesperson shall require the purchaser or transferee to provide an identification document that meets the requirements of Penal Code section 16300, to verify that the person who is receiving delivery of the ammunition is the person exempted pursuant to Penal Code section 30352, subdivision (e).
                          (d) Once the ammunition vendor has verified that the individual is exempt from Department approval to purchase or transfer ammunition, the ammunition vendor may process an ammunition purchase or transfer without Department approval.

                          Penal Code 16300
                          Thank you

                          Comment

                          • #28
                            roostersgt
                            Senior Member
                            • Dec 2012
                            • 1921

                            Originally posted by Damiiaaannn
                            Most of these clerks are making minimum wage and have no idea. TargetSportsUSA is a great sight that is LE friendly.


                            Don't believe him. My union president told me we are not exempt when I called him for clarification after refusing to pay the $1 to both Walmart and Sportsmans. He works extremely closely at our capitol with all the *******s there. We are not exempt, and if you want to get a dang letter from your department head every time you want to buy a box of shotshells, good luck. I bought reloading equipment for shotgun as a result of this nonsense and load my own.

                            Comment

                            • #29
                              Spoilerv2
                              Senior Member
                              • Sep 2008
                              • 542

                              I’ve haven’t bought ammo since this law was written. I just shoot what my department gives me per month and reload the rest. Sad to admit, my C&R stuff are now safe queens. I think when I become desperate I’ll sign up for TargetSportsUSA.

                              Comment

                              • #30
                                Devilock04
                                Veteran Member
                                • Oct 2010
                                • 2618

                                Just order online from one of the companies that will ship directly to you when you send them a copy of your ID, like Target Sports USA. No background check or fees involved then.
                                Loyalty to country, ALWAYS. Loyalty to government, WHEN IT DESERVES IT. - Mark Twain


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