What is the penal code that allows the purchase of hi-cap magazines and the purchase of off roster handguns?
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penal code?
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penal code?
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My brain won't quote the exact section at this late hour, but look in the exceptions to 12020 PC for the magazines.LASD Retired
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magazines here:
non-rostered handguns here:12020(b) Subdivision (a) does not apply to any of the following:
(20) The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(30)(B) The manufacture of a large-capacity magazine for use by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(4) The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.
and covered in CADOJ memo here,
http://ag.ca.gov/firearms/exemptpo.phpPolicy Change Regarding State Exemptions for Authorized Peace Officers
Effective immediately, peace officers who have legislative authority to carry and use firearms may, without a letter signed by the head of their agency or the agency head's designee, purchase non-rostered handguns and/or large capacity magazines. The peace officer must present a valid peace officer identification card and the dealer must retain a copy of the identification card on file. (PC 12132 & 12133). A letter is still required from the head of the agency to exempt the peace officer from the ten day waiting period. (PC 12078).Jack
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