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Are CA LEOs exempt from NFA SBR laws?

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  • spdrcr
    Senior Member
    • Jul 2008
    • 2108

    Are CA LEOs exempt from NFA SBR laws?

    Just curious as I've seen multiple AR rifles for sale here - some from LEO - which have 14.5" barrelled uppers with unpinned muzzle devices.

    Do they get department letters that allow them to legally own that configuration within CA?
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    basically, no, they are not exempt from federal NFA laws on personally-owned firearms.
    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

    • #3
      Ron-Solo
      In Memoriam
      • Jan 2009
      • 8581

      They are not exempt from the NFA.


      Funny, I browse the sale forums, and I've never seen one.
      LASD Retired
      1978-2011

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

      Comment

      • #4
        Pryde
        Veteran Member
        • Oct 2005
        • 2506

        An Officer may well have a NFA department owned lower and have purchased their own SBR length upper to be used with it.

        Comment

        • #5
          Tacobandit
          Banned
          • Sep 2009
          • 914

          With a letter from their CO i believe they can purchase sbr's

          Comment

          • #6
            spdrcr
            Senior Member
            • Jul 2008
            • 2108

            Originally posted by Ron-Solo
            Funny, I browse the sale forums, and I've never seen one.

            There appears to be one currently listed though the description is a bit ambiguous.

            Comment

            • #7
              Rogue187
              Senior Member
              • Feb 2007
              • 1157

              No they cannot purchase SBR's..
              SBR/SBS all have to go through ATF..

              Comment

              • #8
                bcj128
                Member
                • Jan 2009
                • 462

                SBR is an NFA trust item if I remember correctly. Officers can possess a SBR, but it is department owned.

                Comment

                • #9
                  MXRider
                  Banned
                  • Feb 2010
                  • 2927

                  Perhaps you are thinking of pistol uppers. I have yet to see an SBR listed for sale here.

                  Comment

                  • #10
                    spdrcr
                    Senior Member
                    • Jul 2008
                    • 2108

                    Originally posted by MXRider
                    Perhaps you are thinking of pistol uppers. I have yet to see an SBR listed for sale here.
                    While it could certainly be used for a pistol in that configuration, the ads were for rifles. They even included pictures. Of course they weren't listed as SBRs. They were listed as complete rifles. Then they had disclaimers that the muzzle device was not pinned. They also said they would separate the upper from the lower. However, that doesn't change the fact that the upper still must conform to NFA laws.

                    I was just curious if an LEO was exempt from having a pinned muzzle device on a rifle with a 14.5" barrel.

                    I am sure they are unintentianl as people do not understand NFA laws or are unaware.

                    I reported one of the ads and it was pulled by the mods.
                    Last edited by spdrcr; 08-23-2012, 12:45 PM.

                    Comment

                    • #11
                      eviioiive
                      Senior Member
                      • Oct 2005
                      • 1620

                      LEOSA made this a gray area
                      Originally posted by Kestryll
                      Your name has been publicly printed in newspapers and on the web, your expectation of privacy is flat gone.
                      Originally posted by CALGUNS.NET
                      You have been banned for the following reason: posting other member's personal info without permission. I don't care what your reasoning is that is not allowed.

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by eviioiive
                        only a grey area related to CA SBR laws. Federal SBR laws still apply and LEOSA is not an exemption to the NFA.
                        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

                        • #13
                          CalCop
                          Senior Member
                          • Nov 2008
                          • 573

                          Originally posted by ke6guj
                          only a grey area related to CA SBR laws. Federal SBR laws still apply and LEOSA is not an exemption to the NFA.
                          The Judge in the Peterson case in Illinois 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 law banning any rifle.
                          "Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen."
                          -- Sir Robert Peel

                          Comment

                          • #14
                            ke6guj
                            Moderator
                            CGN Contributor - Lifetime
                            • Nov 2003
                            • 23725

                            I must have missed that regarding LEOSA exempting LEOs from federal law. I thought it mainly was to exempt them from state and local laws.
                            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

                            • #15
                              Rockit
                              Senior Member
                              • Dec 2007
                              • 1337

                              Originally posted by CalCop
                              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 law banning any rifle.
                              So who is willing to be the test case here in CA??
                              Anyone???

                              Comment

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