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LEO AW register question

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  • #16
    cousinkix1953
    Banned
    • Jan 2009
    • 1385

    It's still crazy to spend your own $$$ on a firearm that must be surrendered to your employer when you quit your job. LEAs should finance those purchases if they want to keep the weapons...

    Comment

    • #17
      CavTrooper
      Calguns Addict
      • Jul 2007
      • 5944

      Originally posted by cousinkix1953
      It's still crazy to spend your own $$$ on a firearm that must be surrendered to your employer when you quit your job. LEAs should finance those purchases if they want to keep the weapons...
      You do not surrender the weapon you purchase on your own.

      There is no requirement or law that says you must.

      Once a LEO has a legally registered AW, it belongs to him, forever.

      Comment

      • #18
        cousinkix1953
        Banned
        • Jan 2009
        • 1385

        Originally posted by CavTrooper
        You do not surrender the weapon you purchase on your own.

        There is no requirement or law that says you must.

        Once a LEO has a legally registered AW, it belongs to him, forever.
        Are you BLIND? Law enforcement agencies should purchase those banned assault rifles from their own department's annual budget. Only thieving beauracrats would tell you to purchase those guns with your own personal funds and then demand that you turn them in to the chief (for free) if you quit the force or retire. Save the receipt from the gun shop. Let them buy if from you or go to Hell.

        Be it this LEOs assault rifle mess, off-roster handguns or something else: hardly a day goes by, where somebody doesn't point out another glaring example of just how badly those idiot politicians have f---ed everything up...
        Last edited by cousinkix1953; 05-29-2009, 1:01 AM.

        Comment

        • #19
          scoutpup99
          Senior Member
          • Jun 2007
          • 744

          You do not have to turn in a AW that you purchased and had registered to you. The department can only take back the guns they issue to you from their armory. I am an AW permit holder and do the paperwork so that these types of guns can be registered. The form that is sent to the DOJ is the same blue form that was used during the original registration.

          Comment

          • #20
            CavTrooper
            Calguns Addict
            • Jul 2007
            • 5944

            Originally posted by cousinkix1953
            Are you BLIND? Law enforcement agencies should purchase those banned assault rifles from their own department's annual budget. Only thieving beauracrats would tell you to purchase those guns with your own personal funds and then demand that you turn them in to the chief (for free) if you quit the force or retire. Save the receipt from the gun shop. Let them buy if from you or go to Hell.

            Be it this LEOs assault rifle mess, off-roster handguns or something else: hardly a day goes by, where somebody doesn't point out another glaring example of just how badly those idiot politicians have f---ed everything up...
            What exactly is your problem?

            Yes, LEAs should issue their Officers weapons, I wholeheartedly agree. If the agency wont issue it, its because the Officer really doesnt need it. If it was a critical piece of equipment the Officer required to do his job, then the agency would find the money to buy them.

            Unfortunately, we have the LEOs, the Chiefs and their unions who work in conjunction with the antis to disarm all law abiding citizens by supporting legislation that violates Constitutionally protected rights of all citizens, the same legislation that specifically exempts THEM from these same laws.

            Its a travesty, its disgusting, but it happens and it will continue to happen as long as LE, down to the individual Officer, supports these abuses.

            Comment

            • #21
              bwiese
              I need a LIFE!!
              • Oct 2005
              • 27621

              Lotta accumulated misinformation here.
              • An LEO AW registration letter allows a cop to buy/retain a
                personal AW in CA. Whether he's allowed to carry that AW on
                duty or not is a separate issue.

              • "Department letters" for LEO AW registration must be signed
                by Chief (or authorized delegate that "speaks for Chief" and has
                signing authority).

              • An LEO-registered AW is always retainable by the officer upon
                retirement/separation from dept - whether or not the dept. likes it.
                (If they don't, they shouldn't've issued the letter in the first place.)
                The dept. can't do anything about it; the letter is a one-time thing
                to acquire the AW; trying to 'revoke' the letter will not revoke the
                AW reg (unless the letter were fraudulently generated, officer
                separated from dept for felony/DV, etc.)

              • A dept.-issued AW does not need any AW letter; actual dept
                AWs can be acquired by dept and issued for patrol duty etc without
                DOJ BoF drama. (Or even issued as part of ready-response 'take home'
                gear for SWAT types.) These AWs are agency/city/county property and
                are not retainable by cop on retirement/separation. If "gifted" to cop as
                retirement present, it would need to go thru LEO AW registration first.

              • These laws were put in place to:
                (1) clean up cops-with-unreg'd-AWs situation (hasn't!)
                (2) budget fix for agencies - cops buy their own AWs, but they
                wouldn't if they couldn't keep 'em. Also, stops drama over
                budget approvals for 'evil guns'.

              Bill Wiese
              San Jose, CA

              CGF Board Member / NRA Benefactor Life Member / CRPA life member
              sigpic
              No postings of mine here, unless otherwise specifically noted, are
              to be construed as formal or informal positions of the Calguns.Net
              ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
              employer. No posts of mine on Calguns are to be construed as
              legal advice, which can only be given by a lawyer.

              Comment

              • #22
                cousinkix1953
                Banned
                • Jan 2009
                • 1385

                Originally posted by CavTrooper
                What exactly is your problem?

                Yes, LEAs should issue their Officers weapons, I wholeheartedly agree. If the agency wont issue it, its because the Officer really doesnt need it. If it was a critical piece of equipment the Officer required to do his job, then the agency would find the money to buy them.

                Unfortunately, we have the LEOs, the Chiefs and their unions who work in conjunction with the antis to disarm all law abiding citizens by supporting legislation that violates Constitutionally protected rights of all citizens, the same legislation that specifically exempts THEM from these same laws.

                Its a travesty, its disgusting, but it happens and it will continue to happen as long as LE, down to the individual Officer, supports these abuses.
                I know! They aren't entitled to confiscate weapons purchased by LEOs with their own money, which is what some of these anti-gun thieves in blue uniforms and gold badges are trying to do. And what's with those general/admiral stars doing on the collars of police chiefs, who have no military service record?

                Comment

                • #23
                  R1145
                  Junior Member
                  • Nov 2008
                  • 32

                  I'm not a lawyer...

                  ...but with due respect to Bill, it seems to me that the PC section authorizes the exception fairly narrowly:

                  "(f) (1) Subdivisions (b) and (c) shall not prohibit the possession
                  or use of assault weapons or a .50 BMG rifle by sworn peace officer
                  members of those agencies specified in subdivision (e) for law
                  enforcement purposes, whether on or off duty."

                  In other words, the LEO can have an AW on or off duty for law enforcement purposes only. Common sense seems to indicate that once a LEO leaves the department, the exemption is no longer valid.

                  Likewise, the registration requirement allows the LEO to register the AW when the department authorizes the LEO to have an AW:

                  " (2) Subdivisions (a), (b), and (c) shall not prohibit the
                  delivery, transfer, or sale of an assault weapon or a .50 BMG rifle
                  to, or the possession of an assault weapon or a .50 BMG rifle by, a
                  sworn peace officer member of an agency specified in subdivision (e)
                  if the peace officer is authorized by his or her employer to possess
                  or receive the assault weapon or the .50 BMG rifle. Required
                  authorization is defined as verifiable written certification from the
                  head of the agency, identifying the recipient or possessor of the
                  assault weapon as a peace officer and authorizing him or her to
                  receive or possess the specific assault weapon..."

                  So, a LEO can get an authorization from their department to obtain and register an AW for the purpose of law enforcement. When the purpose of law enforcement is no longer being served, the DOJ probably has a case that the AW can no longer be lawfully possessed.

                  I'm a LEO and pro-gun, but I think the provision in the law was intended for smaller departments with volunteer or reserve officers who provide their own weapons.

                  Comment

                  • #24
                    GuyW
                    Banned
                    • Dec 2002
                    • 4298

                    Originally posted by Ron-Solo
                    There are thousands of lawfully possessed machine guns throughout the state
                    Not in this state, brother.

                    Originally posted by Ron-Solo
                    There are thousands of lawfully possessed machine guns throughout the ...country.
                    I wouldn't be surprised if there aren't over 100k papered machine guns in free America...(anyone have a cite to a good #?)
                    .
                    Last edited by GuyW; 05-29-2009, 9:03 PM.

                    Comment

                    • #25
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by GuyW
                      I wouldn't be surprised if there aren't over 100k papered machine guns in free America...(anyone have a cite to a good #?)
                      .
                      IIRC, the number of transferable MGs is around 250,000. that number was gleamed from ATF records that are released occasionally.
                      Jack



                      Do you want an AOW or C&R SBS/SBR in CA?

                      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                      Comment

                      • #26
                        DANGERCLOSE
                        Member
                        • Jun 2006
                        • 185

                        how many rifles can you register over a given period of time, is there a limitation? can a shotgun like a benelli m4 w/ collapsible stock be purchased with a letter. i only ask because our agency uses numerous types of weapons and if possible i would like to get 3 complete different firearms to represent the variety such as m4(6920), mp5 (ca94), benelli m4, and maybe an ar10. thanks for your time guys.
                        "Our Country won't go on forever, if we stay soft as we are now. There won't
                        be any AMERICA because some foreign soldiery will invade us and take our
                        women and breed a hardier race!"

                        Comment

                        • #27
                          paladin4415
                          Senior Member
                          • Feb 2006
                          • 814

                          Originally posted by DANGERCLOSE
                          how many rifles can you register over a given period of time, is there a limitation? can a shotgun like a benelli m4 w/ collapsible stock be purchased with a letter. i only ask because our agency uses numerous types of weapons and if possible i would like to get 3 complete different firearms to represent the variety such as m4(6920), mp5 (ca94), benelli m4, and maybe an ar10. thanks for your time guys.
                          If your agency will write the authorization letters, I don't think the DOJ cares how many you register.
                          sigpic
                          One guy walks over to the black rifle area and starts gazing. An employee asked him if he knew what he wanted. The guy answered "Not sure......definitely something black.............and short...............and tactical."

                          "I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."
                          -Mark Twain

                          Comment

                          • #28
                            bwiese
                            I need a LIFE!!
                            • Oct 2005
                            • 27621

                            Originally posted by R1145
                            ...but with due respect to Bill, it seems to me that the PC section authorizes the exception fairly narrowly:

                            " (2) Subdivisions (a), (b), and (c) shall not prohibit the
                            delivery, transfer, or sale of an assault weapon or a .50 BMG rifle
                            to, or the possession of an assault weapon or a .50 BMG rifle by, a
                            sworn peace officer member of an agency specified in subdivision (e)
                            if the peace officer is authorized by his or her employer to possess
                            or receive the assault weapon or the .50 BMG rifle. Required
                            authorization is defined as verifiable written certification from the
                            head of the agency, identifying the recipient or possessor of the
                            assault weapon as a peace officer and authorizing him or her to
                            receive or possess the specific assault weapon..."

                            So, a LEO can get an authorization from their department to obtain and register an AW for the purpose of law enforcement. When the purpose of law enforcement is no longer being served, the DOJ probably has a case that the AW can no longer be lawfully possessed.
                            No they can't. That would be an underground regulation. Authorization is merely triggering event, and there's no restriction on continuity. AW registration is not retractable (except for seizure for illegal activity, felon-in-possession, fraudulent registration letter, etc.) AW registration is for life.

                            Outside of permitted AW matters and exempt agency use, relevant crime is possession of an 'unregistered AW'. The dept letter triggers AW registration. A dept simply does not have the power to de-register a (DOJ) state-registered gun purchased by the officer, with reliance on the guarantee the reg can't be cancelled.

                            I'm a LEO and pro-gun, but I think the provision in the law was intended for smaller departments with volunteer or reserve officers who provide their own weapons.
                            LEO AW registration was added in 2001? 2002?. Intention is fairly irrelevant - However part of the intention was 'cleanup' to stop cops getting busted. (I believe Perata was part of this cleanup.) The funding/ budget issue was also a consideration.

                            Bill Wiese
                            San Jose, CA

                            CGF Board Member / NRA Benefactor Life Member / CRPA life member
                            sigpic
                            No postings of mine here, unless otherwise specifically noted, are
                            to be construed as formal or informal positions of the Calguns.Net
                            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                            employer. No posts of mine on Calguns are to be construed as
                            legal advice, which can only be given by a lawyer.

                            Comment

                            • #29
                              Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              Originally posted by GuyW
                              Not in this state, brother.



                              I wouldn't be surprised if there aren't over 100k papered machine guns in free America...(anyone have a cite to a good #?)
                              .
                              If you're going to quote me, pleaes do it accurately. My sentence said there were thousands in the state AND counrty, all in one sentance, which is true. There are a lot in the state, but I don't have any figures on the totals. I know one guy, who is fully licensed, who personally has over 100. I'm sure there are more like him. The only thing he has more of than guns, is money.......

                              The point of my whole comment was that LEGALLY REGISTERED MG's AND AW's are seldom, if ever, used in crimes.

                              Aloha!
                              Last edited by Ron-Solo; 05-31-2009, 5:13 PM.
                              LASD Retired
                              1978-2011

                              NRA Life Member
                              CRPA Life Member
                              NRA Rifle Instructor
                              NRA Shotgun Instructor
                              NRA Range Safety Officer
                              DOJ Certified Instructor

                              Comment

                              • #30
                                gunrun45
                                Senior Member
                                • Oct 2006
                                • 2018

                                Originally posted by dennis1979gm
                                Were does it state that you must turn in your AR if you quit your department? Is this some departments policy? I didn't see it any were posted on DOJs website. Has anyones dept. Here have policy that you must turn in your AR when you quit? Just wondering, no one in are dept. Ever said we had to I've only read it here
                                The issue does not lay in the hands of any STATE law. The confusion comes from the FEDERAL AW ban that has now sunset and no longer effects anyone except historians...

                                During the time of the ban, if you left your dept, you were required to return any high cap mags or AW's that you had aquired during the ban on letterhead. It was a totally different ball of wax back then.

                                You department can not legally TODAY mandate that you return high cap mags or reg AW's that YOU purchased on your own dime.
                                Murphy's Law - What can happen will happen at the least opportune moment

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