Are DOJ attorneys consider LEO?

[TakeTheShot]

I have friends that work for DOJ in San Francisco, Sacramento, and LA. One of them is planning to purchase a handgun and an EBR. I told him that he should be exempt from a lot of the restrictions we civilians face. He said he's an attorney and not a LEO. He's got a badge, but never flashes for any other reason than to identify himself to other LEOs, and he doesn't carry a weapon nor was he issued one.

Are CADOJ attorneys afforded the same luxury (re: gun purchases) as police law enforcement? Are they considered LEOs?

[TRICKSTER]

I would take him at his word. He told you he wasn't, isn't that enough?

[lorax3]

Some attorneys who work for the district attorneys office/city agencies are given "badges", but they are not usually law enforcement. He would certainly know if he was an LEO and had powers of arrest.

Attorneys are the same as laypersons when it comes to firearm regulations.

[TakeTheShot]

Hmm, powers to arrest. Does that also determine LEO?

[lorax3]

If he is unsure, the answer is a likely - No.

830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer.

[TakeTheShot]

That says it all! Thanks!

I guess all he does is prosecute, rather than keeping the peace and catching the bad guys.

[Ron-Solo]

Many counties issue badges to Deputy District Attorneys, but they do not have peace officer powers. The state is very similar.

A lot of cities issue badges to various commissioners, council members, etc. Even Dog the Bounty Hunter has a badge. That's why LE asks for photo ID to go with the badge

[CAL.BAR]

Actually, DA's ARE exempt from the roster. Not any of the AW rules etc.

[Cokebottle]

If he is unsure, the answer is a likely - No.

+1

And even if he were a LEO, the only thing that he would be exempt from would be the HSC, 10 day wait, roster, and magazine capacity restriction.

A LOT of people (some cops included) are under the mistaken impression that they are exempt from California AW laws.
It's possible, but not automatic and not legal without department permission.

[DSB]

Actually, DA's ARE exempt from the roster. Not any of the AW rules etc.

I don't think that is correct, exactly. District Attorney's Offices have their own bureaus of investigation, which are police agencies. That is why "any district attorney's office" is exempt, as an entity. The Investigators in the BOI are sworn police officers. Distric Attorney Investigators are therefore exempt from the roster.

However, Deputy District Attorneys are not sworn peace officers. They are lawyers. Individual DDAs are not exempt from the roster (or any other law).

It is possible that in some counties the elected District Attorney is classified as a LEO, but I'm not aware of any.

PC 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:

(1)The manufacture in this state, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 12130 to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited by this chapter, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this state pursuant to Section 12131.

(2)The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person by employees or authorized agents of entities determining whether the weapon is prohibited by this section.

(3)Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(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.

[Ron-Solo]

I don't think that is correct, exactly. District Attorney's Offices have their own bureaus of investigation, which are police agencies. That is why "any district attorney's office" is exempt, as an entity. The Investigators in the BOI are sworn police officers. Distric Attorney Investigators are therefore exempt from the roster.

However, Deputy District Attorneys are not sworn peace officers. They are lawyers. Individual DDAs are not exempt from the roster (or any other law).

It is possible that in some counties the elected District Attorney is classified as a LEO, but I'm not aware of any.

I concur!

[5shot]

I don't think that is correct, exactly. District Attorney's Offices have their own bureaus of investigation, which are police agencies. That is why "any district attorney's office" is exempt, as an entity. The Investigators in the BOI are sworn police officers. Distric Attorney Investigators are therefore exempt from the roster.

However, Deputy District Attorneys are not sworn peace officers. They are lawyers. Individual DDAs are not exempt from the roster (or any other law).

It is possible that in some counties the elected District Attorney is classified as a LEO, but I'm not aware of any.

Yep, what he said. Many DA's carry, but only under the authority of a CCW issued by the county sheriff.

[oddjob]

Deputy Attorney Generals (DAG) are not LEO's.

[TrailerparkTrash]

Heck, even dog catchers in some california counties are issued badges. However, they are not sworn under PC 830.1. Probably not under .2 or .3 either.

Heck, security officers for some counties and states have badges, but it doesn't mean squat as far as the penal code goes under 830.1.

....Now watch, somebody is gonna get all technical with me and say that there is some clause somewhere where if one is "stationed at a lighthouse....in the bay of......and while working M-F......they are Cops Too!!!" blah blah blah.....

I think the answer for the OP's specific original question has been answered a few times already. Starting with post #2.

[BigDogatPlay]

It comes down to what the Penal Code says.

All the principal classifications of peace officer are:

* Roster exempt
* May purchase large capacity magazines
* May purchase and register AW's with written permission from their employing agency.

Inspectors and investigators of a district attorney's office are PC 830.1 (a) peace officers... the same statutory authority as city police, county sheriffs and a number of specific agencys. So those inspectors and investigators have benefit of the above.

There is nothing in the Penal Code that I can find that identifies District Attorneys or Deputy District Attorneys as peace officers.

PC 830.1 (b) identifies the "Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers."

The way I read it that would not extend down to staff deputy AGs, but only to specified bosses.