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Are DOJ attorneys consider LEO?

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  • #16
    Foriegn power
    Banned
    • Dec 2009
    • 1035

    i'm sure your friend knows what kind of authority he has, why would you even question him. I just don't get it.

    Comment

    • #17
      Spyder
      CGN Contributor
      • Mar 2008
      • 17272

      Why does no one ever seem to refer to 830.2 when talking about who is and is not a peace officer?

      Comment

      • #18
        JayCo
        Member
        • Mar 2011
        • 183

        Only DA Investigators are LE's, almost all of them were with an agency prior to their work with the DA's office IME.

        Comment

        • #19
          BigDogatPlay
          Calguns Addict
          • Jun 2007
          • 7362

          Originally posted by Spyder
          Why does no one ever seem to refer to 830.2 when talking about who is and is not a peace officer?
          Well solely for the purposes of this discussion, it's not germane. The CADoJ people who are peace officers, and county DA investigators, are identified in 830.1 and no place else.

          -- Rifle, Pistol, Shotgun

          Not a lawyer, just a former LEO proud to have served.

          Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

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          • #20
            john.t.singh
            Senior Member
            • Nov 2010
            • 1440

            they may not carry but they for sure can get CCW's no problemo...
            We must learn to live together as brothers or we will perish together as fools.

            sigpic

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            • #21
              DSB
              Senior Member
              • Oct 2011
              • 1005

              Originally posted by john.t.singh
              they may not carry but they for sure can get CCW's no problemo...
              Still depends on which county they are in. DDAs and Deputy AGs still have problems getting a LTC in counties that are not CCW/LTC friendly.

              Comment

              • #22
                bruce_ventura
                Vendor/Retailer
                • Jul 2006
                • 516

                FFL will likely call DOJ if he claims exemption to any firearm laws. No big deal either way.


                Sent from my iPhone using Tapatalk
                Last edited by bruce_ventura; 12-16-2011, 4:08 PM.
                NRA Life Member
                "The best we can hope for concerning the people at large is that they be properly armed." - Alexander Hamilton

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                • #23
                  Spyder
                  CGN Contributor
                  • Mar 2008
                  • 17272

                  Originally posted by BigDogatPlay
                  Well solely for the purposes of this discussion, it's not germane. The CADoJ people who are peace officers, and county DA investigators, are identified in 830.1 and no place else.

                  Fair enough. And who said anything about the Duetsch?

                  Comment

                  • #24
                    BigDogatPlay
                    Calguns Addict
                    • Jun 2007
                    • 7362

                    Originally posted by Spyder
                    Fair enough. And who said anything about the Duetsch?
                    Well played sir.....
                    -- Rifle, Pistol, Shotgun

                    Not a lawyer, just a former LEO proud to have served.

                    Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                    Comment

                    • #25
                      003
                      Veteran Member
                      • Jul 2010
                      • 3436

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

                      The most accurate answer is that some are and some aren't. See below

                      Excerpt from 830.1 PC

                      (b) 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 authority of these peace officers extends to any
                      place in the state where a public offense has been committed or where
                      there is probable cause to believe one has been committed.

                      A number of the senior DOJ attorneys are Peace Officers. Not just thoses assigned to the bureau of investigations.
                      Last edited by 003; 12-18-2011, 4:24 PM.

                      Comment

                      • #26
                        Hunt
                        Veteran Member
                        • Sep 2009
                        • 4833

                        DOJ attorneys are employed by Goldman Sachs so whatever special priviliges GS has negotiated should apply.
                        Protect public lands access http://www.backcountryhunters.org/

                        Comment

                        • #27
                          5shot
                          Senior Member
                          • May 2008
                          • 1265

                          Originally posted by 003
                          "Are CADOJ attorneys afforded the same luxury (re: gun purchases) as police law enforcement? Are they considered LEOs? "

                          The most accurate answer is that some are and some aren't. See below

                          Excerpt from 830.1 PC

                          (b) 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 authority of these peace officers extends to any
                          place in the state where a public offense has been committed or where
                          there is probable cause to believe one has been committed.

                          A number of the senior DOJ attorneys are Peace Officers. Not just thoses assigned to the bureau of investigations.
                          assistant chiefs, deputy chiefs, chiefs, deputy directors, and division
                          directors
                          are all peace officer positions, not attorney positions. Those are their supervisory ranks, just like Sgt's, Lt's, Capts, Commander's, asst. chief's, that are in police and sheriff's departments.

                          THE Attorney General is a peace officer because the California Constitution makes that position the chief law officer of the state. His deputy attorney generals and asst. attorney generals are not law enforcement officers. Like D.A's they are members of the Bar, and court officers, which is a totally different thing then being a "peace officer".
                          John Bishop
                          Member: NRA Life, CRPA, WEGC

                          Comment

                          • #28
                            TrailerparkTrash
                            Veteran Member
                            • Oct 2005
                            • 4249

                            Do any of you remember Willie Williams when he was hired to replace outgoing LAPD cheif, Daryl Gates?

                            Willams couldn't even pass the State's BASIC P.O.S.T. written test(s), authorizing him to carry a weapon under 830.1 PC. It was the now deceased LA County Sheriff, Sherman Block that had to issue "Willie from Philly" a weapons permit! How EMBARRASSING!!!!
                            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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                            • #29
                              Tiberius
                              Senior Member
                              • Jun 2009
                              • 1168

                              To my eye, PC 12125(b)(4) (quoted above) makes DAs roster exempt. However, I've seen gun stores refuse to honor it; the common belief seems to be that only LEOs are roster exempt. And that may have been the intent. But as written, sworn members of the DA's office are exempt. I'm not a DA, but I'm pretty sure DAs have to take an oath. Then again, that may not make them a "sworn member." But the statute doesn't say "sworn officer" - it says member.

                              If I ran a gun store I'd be just as cautious - California gun laws are a minefield.

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