Purchased Patrol Rifle?

[Purple K]

Please don't reply to this unless you are current or retired LEO. You purchased your own patrol rifle with a letter from your Chief. Years later you lateralled to another department or retired. Now, per Jerry Brown, you can't own that rifle anymore. How did you handle it?

[415dog!]

I looked up the memo and it only prohibited retired Leo. Does the letter have an expiration date? What memo are you looking at?

[TRICKSTER]

What is there to handle. You own a legally registered AW. Until it is somehow unregistered, you still own a legally registered AW.

[Purple K]

What is there to handle. You own a legally registered AW. Until it is somehow unregistered, you still own a legally registered AW.

The basis for your being allowed to register the AW is the letter from your Chief based upon your employment status. If you quit, are terminated, lateral or retire, your employment status (the basis of the letter) has changed. If you lateral you could get a letter from your new Chief. If you quit, are terminated, or retire you become just another citizen and not exempt from the AW ban. This was one of Jerry Browns parting shots in his last few days as Attorney General.

[biochembruin]

It was Brown's opinion that that was the case. (Again, his opinion.) As far as the law is concerned, you simply own a registered assault weapon like any other citizen when you retire. The law doesn't differentiate what route you took to get it registered, as long as it's registered. The police officer exception written into the law says nothing of un-registering assault weapons which police officers obtained with a letter from their chief.

The key is: what is the law and what is legal opinion? Follow the law and you're fine.

[4FTTY]

The letter from your Chief or Sheriff allows for the transfer of the weapon to you. Once the weapon is in your possession, and presuming you registered it with DOJ within 90 days of the transfer, it is a legal registered assault weapon, just like one that was owned prior to the foolish bans being put in place.

[415dog!]

Not that it helps you but that guy is a tool. It's just an opinion he probably made to satisfy a contributing lobbyist request

[Patrick Aherne]

Actually, he made the opinion to comply with case law in Silviera v. Lockyer. The fact that it is completely unworkable and not prosecutable is beside the point. Keep your rifle, keep your registration papers.

[BigDogatPlay]

Actually, he made the opinion to comply with case law in Silviera v. Lockyer.

^^^This^^^

To the OP question, I don't think it's really come up yet. Some anti CLEOs who have guys that have bought and registered AWs might make a stink and order them to dispose of the rifle while they still have control over the LEO before that LEO separates from employment and retires.

If a CLEO tries to push it, I'd expect there to be litigation. PORAC, RPOAC or one of the larger associations remembering, of course, that some of the larger associations likely won't have a dog in the hunt. Sheriff Baca, for instance, hasn't issued any permission letters, has he? It could be that a small agency LEO, assuming that the CLEO tries to jam him up, will have to be the test case.

That said, the guys retiring may just be screwed unless a smart attorney can figure out a way around Silveira.

[Purple K]

Thank You Gentlemen.

[sacshooter1]

If I lateral anywhere, its going to be far away from California....

[jdberger]

Y'all realize that Departments have already begun to send letters to retired/transferred LEOs, yes?

[Purple K]

I'm sure that part of their reasoning for sending those letters is potential liability regarding misuse of those rifles.

[cacop]

I'm sure that part of their reasoning for sending those letters is potential liability regarding misuse of those rifles.

Yep. And if I got one and was worried at all a nice storage locker in NV would do just fine.

I remember when I called up the DOJ after the opinion came out and they were flummoxed by various hypotheticals I put out there.

For example: Lets say you buy a BCM rifle on letterhead which allows you to register it as an AW. Then you retire, leave, whatever. You put a bullet button on it and now it is the same as an OLL bought by any non-LEO. Except of course it is a RAW. What now?

I think I asked a half a dozen reasonable questions and got a lot of "I dunno."

The Legislature is going to have to deal with this sooner or later. For a decade or so agencies have gotten patrol rifles out on the street for no cost by having officers buying their own. Now they are going to have to foot the bill. Or go without.