Tweet
The only case to specifically address this issue took place in Illinois, just as gun-hating as CA. The judge said Peterson was exempt from both federal and state law which made the Colt Sporter SBR a felony to possess in Illinois. The judge said LEOSA exempted any qualified active officer from possession of any firearm other than a machine gun. The judge specifically said LEOSA exempts LEOs from any state law banning any rifle.
I wouldn't say don't count on not getting arrested by an overzealous gun-hating LEO.....but plan on winning in court if you do.
Consider the following:
• Rep. Scott offered an amendment to limit the weapons an officer could carry in other States to exclude semiautomatic assault weapons. This amendment was defeated by a vote of 13 yeas to 19 nays. (H.R. Rep. No. 560, 108th Cong., 2nd Sess. 2004 pg. 64-67)
• “If Congress enacts this legislation (LEOSA), police chiefs will be stripped of their authority to tell their own officers, for example, that they cannot bring guns into bars while off-duty; that they cannot carry…certain shotguns, rifles, or handguns….” (H.R. Rep. No. 560, 108th Cong., 2nd Sess. 2004 p. 85.)
• CA DOJ says, “An active officer can qualify with a pistol and carry an assault weapon. Doing so may violate departmental policy, though. Technically, a retired officer may carry anything that he can lawfully possess that is of a type of firearm with which he can qualify.” http://ag.ca.gov/firearms/forms/pdf/leosiss.pdf
I wouldn't say don't count on not getting arrested by an overzealous gun-hating LEO.....but plan on winning in court if you do.
Consider the following:
• Rep. Scott offered an amendment to limit the weapons an officer could carry in other States to exclude semiautomatic assault weapons. This amendment was defeated by a vote of 13 yeas to 19 nays. (H.R. Rep. No. 560, 108th Cong., 2nd Sess. 2004 pg. 64-67)
• “If Congress enacts this legislation (LEOSA), police chiefs will be stripped of their authority to tell their own officers, for example, that they cannot bring guns into bars while off-duty; that they cannot carry…certain shotguns, rifles, or handguns….” (H.R. Rep. No. 560, 108th Cong., 2nd Sess. 2004 p. 85.)
• CA DOJ says, “An active officer can qualify with a pistol and carry an assault weapon. Doing so may violate departmental policy, though. Technically, a retired officer may carry anything that he can lawfully possess that is of a type of firearm with which he can qualify.” http://ag.ca.gov/firearms/forms/pdf/leosiss.pdf
Comment