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  • #31
    TJW
    Member
    • Feb 2011
    • 265

    Originally posted by taperxz
    Just a bit of advice to you guys. Just know that when you do a PPT of an off roster firearm, we are required to notify on DROS that you are an LEO and we need to pick from a drop down what agency you work for. Your head of dept will be sent a letter notifying them of the entire PPT transaction. They are required to keep this in your file.
    You are incorrect in another post you wrote when you stated that when officers buy off-roster firearms that it is a requirement that it's for duty purposes. The LE exemption clearly states that officers may purchase non-roster firearms for personal use.

    Exemption Text here : "The sale to, or purchase by, sworn members of these agencies is also permitted. These sworn members may purchase non-roster handguns for personal use and may generally sell or transfer the non-roster handgun to any firearm eligible purchaser at a licensed firearm dealer".

    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.


    It's unethical and illegal for an officer to purchase a non-roster firearm with intent to sell it. Officers should be held to a high standard of conduct and not circumvent or take advantage of laws.
    Last edited by TJW; 04-20-2023, 12:16 AM.

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    • #32
      ap3572001
      Calguns Addict
      • Jun 2007
      • 6039

      Here is another one. I mentioned it some time ago here on Calguns. The whole subject of LEO transferring an OFF ROSTER handgun to a non exempt person takes a whole different turn if that handgun was obtained by LEO WITHOUT using any exceptions. How about that? LEO's are allowed (lol) to buy used off roster handguns that are on consignment or from private sellers just like anyone else. And LEO's have an absolute right to sell or trade those handguns and transfer them to non exempt people , as long as it's done lawfully and 5 or less PPT's per year.
      Last edited by ap3572001; 04-20-2023, 3:39 AM.

      Comment

      • #33
        jorgi23
        Member
        • Jan 2015
        • 476

        I have been tempted to ask an LEO family member, to buy for a future trade, but, second thought, I decided it not worth it.

        But it I was a LEO, I would fill a safe with off roster guns 300 to 500 bucks and
        a good nest egg for retirement. good excuse to the wife..

        Comment

        • #34
          taperxz
          I need a LIFE!!
          • Feb 2010
          • 19395

          Originally posted by TJW
          No requirement to identify oneself as an officer when selling PPT of off-roster firearm.
          There is now now per my DOJ rep. Tier 2-3 LE are forbidden to sell off roster handguns purchased under color of authority. (We are required to ask to avoid the transfer)

          Also, if you?re selling an off roster handgun purchased with the exemption and decide not to inform the FFL, you should be signing an affidavit/form put out by DOJ that you didn?t purchase under color of authority or are not LEO.

          I mis stated ?in your file? what I should have said is that the dept you work for is to keep a file of these transactions (what they actually do with them, who knows)

          Comment

          • #35
            taperxz
            I need a LIFE!!
            • Feb 2010
            • 19395

            Originally posted by ap3572001
            Here is another one. I mentioned it some time ago here on Calguns. The whole subject of LEO transferring an OFF ROSTER handgun to a non exempt person takes a whole different turn if that handgun was obtained by LEO WITHOUT using any exceptions. How about that? LEO's are allowed (lol) to buy used off roster handguns that are on consignment or from private sellers just like anyone else. And LEO's have an absolute right to sell or trade those handguns and transfer them to non exempt people , as long as it's done lawfully and 5 or less PPT's per year.
            Yes! Just like everybody else. That?s the irony of the law. Additionally, we see so many folks here citing the PC but don?t get the DOJ regulations that are held over CA FFLs for sales compliance. DOJ has rules for FFLs that can shut down the operation. Whenever I hear ?it?s not in the PC and you?re wrong, I roll my eyes and shake my head It?s no different than a cop doing something and then being reprimanded by the dept for breaking dept policy.

            Very few here understand being an FFL in this state. DOJ can do things like, ?hmmm we?ve decided to revoke your high cap permit? DOJ regulates CA FFLs with an upper hand

            Comment

            • #36
              taperxz
              I need a LIFE!!
              • Feb 2010
              • 19395

              Originally posted by TJW
              You are incorrect in another post you wrote when you stated that when officers buy off-roster firearms that it is a requirement that it's for duty purposes. The LE exemption clearly states that officers may purchase non-roster firearms for personal use.

              Exemption Text here : "The sale to, or purchase by, sworn members of these agencies is also permitted. These sworn members may purchase non-roster handguns for personal use and may generally sell or transfer the non-roster handgun to any firearm eligible purchaser at a licensed firearm dealer".

              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.


              It's unethical and illegal for an officer to purchase a non-roster firearm with intent to sell it. Officers should be held to a high standard of conduct and not circumvent or take advantage of laws.
              That?s only for tier 1 though. Tier 2 and 3 must buy for duty only and can?t sell to a non exempt person.

              How is an FFL supposed to know who is who? I ask and if I think there?s an issue, I won?t do the PPT. Dealers can be held liable for doing an illegal transfer

              Comment

              • #37
                al8550
                Senior Member
                • Aug 2010
                • 934

                Originally posted by taperxz
                Yes! Just like everybody else. That?s the irony of the law. Additionally, we see so many folks here citing the PC but don?t get the DOJ regulations that are held over CA FFLs for sales compliance. DOJ has rules for FFLs that can shut down the operation. Whenever I hear ?it?s not in the PC and you?re wrong, I roll my eyes and shake my head It?s no different than a cop doing something and then being reprimanded by the dept for breaking dept policy.

                Very few here understand being an FFL in this state. DOJ can do things like, ?hmmm we?ve decided to revoke your high cap permit? DOJ regulates CA FFLs with an upper hand


                Has something changed in CA or with DOJ?
                I thought they were primarily interested in the purchaser - not the seller when it comes to PPT (so long as the seller remains under the limit of 5 transactions per year)?
                "It's better to die on your feet than to live on your knees."

                -Emiliano Zapata

                Comment

                • #38
                  raynman83
                  Junior Member
                  • Jun 2004
                  • 19

                  Tossing this in here just in case no one noticed....PC 32000, the last paragraph, is the reason why we all get that weird letter in the mail. We all assumed the DOJ was trying to scare us but the truth is CA DoJ is required now by PC32000 to send us a letter in the mail every time we buy or sell an off roster gun:

                  (3) By no later than March 1, 2021, the department shall provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section. Thereafter, the department shall, upon notification of sale or transfer, provide the same notification to the purchaser or transferee of any unsafe handgun sold or transferred pursuant to those provisions.

                  I only point this out because when it first started i know a lot of guys who freaked out thinking there was gonna be some sort of investigation just for buying.
                  US Navy Vet - GMG

                  Most problems can be solved with the proper application of explosives.

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