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  • pulserifle99
    Member
    • Mar 2006
    • 422

    penal code?

    What is the penal code that allows the purchase of hi-cap magazines and the purchase of off roster handguns?
  • #2
    Ron-Solo
    In Memoriam
    • Jan 2009
    • 8581

    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
    1978-2011

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

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    • #3
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      magazines 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.
      non-rostered handguns here:
      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,
      Policy 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).
      http://ag.ca.gov/firearms/exemptpo.php
      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

      • #4
        1911su16b870
        CGN/CGSSA Contributor
        CGN Contributor
        • Dec 2006
        • 7654

        ke6guj is the wiki-MUTILATOR!
        "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

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