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  • donutboi
    Junior Member
    • Apr 2009
    • 39

    Leo selling to leo ???

    We both in tier 2. I plan to sell 2 off roster handguns to my coworker (PPT). Is there any new law i should be concerned about? Thanks
  • #2
    9Cal_OC
    Calguns Addict
    • Apr 2019
    • 6652

    No.
    Freedom isn't free...

    sigpic

    iTrader

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    • #3
      Che762x39
      Veteran Member
      • Aug 2011
      • 4538

      Now you have to do it thru a FFL and register them.

      Back in the day, when I was a LEO, we bought and sold firearms in the Locker Room with just a handwritten Bill of Sale.

      Comment

      • #4
        lexo98
        CGN/CGSSA Contributor
        CGN Contributor
        • Jan 2010
        • 661

        You mean your not going to mark them up 3x what you paid and put them in the marketplace?

        Comment

        • #5
          mossy
          Calguns Addict
          • Dec 2007
          • 7212

          Originally posted by lexo98
          You mean your not going to mark them up 3x what you paid and put them in the marketplace?
          Tier 2 LEO can only sell off rosters to other LEO.
          best troll thread in calguns history
          http://www.calguns.net/calgunforum/s...d.php?t=406739



          burn the circus down cuz the world is full of clowns

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          • #6
            donutboi
            Junior Member
            • Apr 2009
            • 39

            Originally posted by lexo98
            You mean your not going to mark them up 3x what you paid and put them in the marketplace?
            Are you even a LEO?

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            • #7
              caliprep
              Member
              • Nov 2014
              • 126

              Originally posted by donutboi
              Are you even a LEO?
              So tier 2 and 3's can only sell off rosters to each other? Thats interesting.

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              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44626

                Originally posted by caliprep
                So tier 2 and 3's can only sell off rosters to each other? Thats interesting.
                And to Tier 1 LE.

                But remember, that's only off-Roster guns they acquired using their LE credentials. Off-Roster guns received through intrafamilial transfer, inheritance or purchasing PPT are fine to sell to any non-prohibited CA resident.
                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!

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                • #9
                  G19xG45
                  Member
                  • Jun 2005
                  • 132

                  Question for Tier 2 and 3. What happens when you retire with off roster weapons and decide to sell. How does that work and is there a CA DOJ rule/opinion.

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                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by G19xG45
                    Question for Tier 2 and 3. What happens when you retire with off roster weapons and decide to sell. How does that work and is there a CA DOJ rule/opinion.
                    The restriction that the off-Roster handguns can only be transferred to other LEOs (Tier 1-3) remains, even if the owner is no longer considered a LEO due to retirement or no longer being employed as a Tier 2-3 LEO. [PC 32000(c)(1)]

                    CA DOJ BOF is required to keep track (database) of the off-Roster handguns acquired via Tier 2-3 LEO exemption and flag them so they can only be transferred to another LEO (Teir 1-3). [PC 32000(e)]
                    ^DROS submission to a non-exempt person will cause the transfer to be denied during the 10 day wait.
                    Last edited by Quiet; 12-02-2023, 12:38 AM.
                    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).

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                    • #11
                      TrailerparkTrash
                      Veteran Member
                      • Oct 2005
                      • 4249

                      Originally posted by Quiet
                      The restriction that the off-Roster handguns can only be transferred to other LEOs (Tier 1-3) remains, even if the owner is no longer considered a LEO due to retirement or no longer being employed as a Tier 2-3 LEO. [PC 32000(c)(1)]

                      CA DOJ BOF is required to keep track (database) of the off-Roster handguns acquired via Tier 2-3 LEO exemption and flag them so they can only be transferred to another LEO (Teir 1-3). [PC 32000(e)]
                      ^DROS submission to a non-exempt person will cause the transfer to be denied during the 10 day wait.
                      Quiet, I read 32000 and I’m a bit confused. To clarify since retiring, is it prohibited to give one?s legally obtained off-roster firearms away to one?s adult kids (via intra-familia transfer)?
                      sigpic

                      It`s funny to me to see how angry an atheist is over a God they don`t believe in.` -Jack Hibbs

                      -ΙΧΘΥΣ <><

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                      • #12
                        Quiet
                        retired Goon
                        • Mar 2007
                        • 30241

                        Originally posted by TrailerparkTrash
                        Quiet, I read 32000 and I'm a bit confused. To clarify since retiring, is it prohibited to give one's legally obtained off-roster firearms away to one's adult kids (via intra-familia transfer)?
                        If Tier 1 LEO, then no.

                        If Tier 2-3 LEO, then yes. [PC 32000(c)(1)]

                        Per CA DOJ BOF...
                        When the off-Roster handgun is initially acquired by a Tier 2-3 LEO from a CA FFL dealer, the CA DROS process will flag that off-Roster handgun with a LEO only restriction for transfers due to the handgun being acquired via Tier 2-3 LEO exemption and transferring that flag off-Roster handgun to a non-LEO will violate PC 32000(a)(1).
                        ^Supposedly, per the direction of the CA OAG, CA DOJ BOF is simply documenting when this occurs and then turning the info over to BATFE, so that the LEO can be prosecuted under Federal laws as an unlicensed firearms dealer (charged with Federal felonies, instead of CA misdemeanors).



                        Penal Code 32000
                        (c)(1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section.
                        (e)(1) The Department of Justice shall maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b). This requirement shall apply retroactively to include information in the department?s possession. The department may satisfy this requirement by maintaining this information in any existing firearm database that reasonably facilitates compliance with this subdivision.
                        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

                        • #13
                          Steponmytoes
                          Senior Member
                          • Dec 2014
                          • 652

                          I thought the LEO to LEO rule was exchange of cash followed by fist bump?

                          Comment

                          • #14
                            TrailerparkTrash
                            Veteran Member
                            • Oct 2005
                            • 4249

                            Originally posted by Quiet
                            If Tier 1 LEO, then no.

                            If Tier 2-3 LEO, then yes. [PC 32000(c)(1)]

                            Per CA DOJ BOF...
                            When the off-Roster handgun is initially acquired by a Tier 2-3 LEO from a CA FFL dealer, the CA DROS process will flag that off-Roster handgun with a LEO only restriction for transfers due to the handgun being acquired via Tier 2-3 LEO exemption and transferring that flag off-Roster handgun to a non-LEO will violate PC 32000(a)(1).
                            ^Supposedly, per the direction of the CA OAG, CA DOJ BOF is simply documenting when this occurs and then turning the info over to BATFE, so that the LEO can be prosecuted under Federal laws as an unlicensed firearms dealer (charged with Federal felonies, instead of CA misdemeanors).



                            Penal Code 32000
                            (c)(1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section.
                            (e)(1) The Department of Justice shall maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b). This requirement shall apply retroactively to include information in the department?s possession. The department may satisfy this requirement by maintaining this information in any existing firearm database that reasonably facilitates compliance with this subdivision.
                            Got it, thank you.
                            sigpic

                            It`s funny to me to see how angry an atheist is over a God they don`t believe in.` -Jack Hibbs

                            -ΙΧΘΥΣ <><

                            Comment

                            • #15
                              NorCalBusa
                              Senior Member
                              • Dec 2006
                              • 1497

                              What differentiates the Tiers? (IANALEO)
                              If you don't know where you are going, any road will take you there

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