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LEO Firearm law exemptions.

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  • LibertyDeath
    Member
    • Dec 2012
    • 128

    LEO Firearm law exemptions.

    I am aware that LEO's are exempt from a few firearm law in CA. I am aware of the greater than 10 round magazine laws, the evil black rifle with department approval, carrying concealed off duty and buying off roster firearms. I know they are not exempt from DROS and the waiting period.

    Can they carry off duty in more places than someone with a regular permit?
    Are there other exemptions or perhaps restrictions?
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44660

    I know they get some courtesies not available to non-LEO.

    For example, a Calguns LEO member attended one of the Nordyke arguments in SF, and the US Marshals at the courthouse checked his sidearm for him - they do not seem to do that for non-LEO.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      P5Ret
      Calguns Addict
      • Oct 2010
      • 6378

      With a letter from the employing department leo's can bypass the 10 wait for a purchase to be used in the scope of duties. Like a bug or your off duty or duty gun if you don't have to carry the dept issued. Yes there are places that a ccw holder can not carry, but leo's can, court houses and gov't buildings if there for official business. As far as business' with sign's I'm not positive anyone has ever made an issue of it. I can't speak for everyone but for me it was never a 9-5 type job that you turn off when you leave the office.

      Comment

      • #4
        scootergmc
        Veteran Member
        • Mar 2006
        • 4089

        Originally posted by P5Ret
        With a letter from the employing department leo's can bypass the 10 wait for a purchase to be used in the scope of duties. Like a bug or your off duty or duty gun if you don't have to carry the dept issued. Yes there are places that a ccw holder can not carry, but leo's can, court houses and gov't buildings if there for official business. As far as business' with sign's I'm not positive anyone has ever made an issue of it. I can't speak for everyone but for me it was never a 9-5 type job that you turn off when you leave the office.
        The 10 day wait exemption does not have to be for a gun in the scope of their duties. It's a common misconception and many departments will not issue a letter for a non-duty gun.

        Comment

        • #5
          bc360
          Member
          • Dec 2012
          • 129

          This has a complex answer. The 10 day exemption is by agency policy but the State has not restirctions on what you purchase. In short if your agency grants you a 10 day waiver then you can use it to purchase any gun or magazine. Some agencies will only grant one for authorized on duty and/or off duty weapons, and some AW.

          Ca has a 24/7 on duty provision/assumption which is restricted by agencies and or recommended by legal defense attorneys.

          As far as the CCW. Yes LEO get greater latitude under the law on and off duty, however both state and federal courts have issued policies prohibiting LEO entering courts with a firearm for unofficial business, most commonly in bankruptcy and family courts. Ulitmately it's upto the presiding judge on this matter.

          Ca does not have a private property/business ban like other states, such as AZ but some business/establishments have practice or policy. Most common locations are Disneyland, Universal, nightclubs where there is some sort of security check in/screening process. Many CA LEO get in trouble with this lack of provision because they get HBD and stupid and somewhere along the line they get in a dispute with someone or in some cases themselves and out comes the Rosco.

          This matter is more complex then the summary I provided.

          I hope this helps.

          Comment

          • #6
            LibertyDeath
            Member
            • Dec 2012
            • 128

            What are HBD and Rosco?

            Comment

            • #7
              NuGunner
              Senior Member
              • Aug 2008
              • 705

              Never had a problem carrying concealed in Disneyland. Of course, it's not like I ever advertise that I'm carrying.

              Comment

              • #8
                NuGunner
                Senior Member
                • Aug 2008
                • 705

                Never had a problem carrying concealed in Disneyland. Of course, it's not like I ever advertise that I'm carrying.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44660

                  Originally posted by LibertyDeath
                  What are HBD and Rosco?
                  Rosco is old slang for a handgun. (Dan Turner? I Did Not Know That.)

                  HBD, I think, is something like 'Have Badge Disease', something of an over-reliance on LEO status when a behavior might be questioned. Nope, see below. (Obviously, I Did Not Know That, Either!)
                  Last edited by Librarian; 12-31-2012, 3:39 PM.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    Ron-Solo
                    In Memoriam
                    • Jan 2009
                    • 8581

                    HBD = Has Been Drinking
                    LASD Retired
                    1978-2011

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

                    Comment

                    • #11
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44660

                      Originally posted by Ron-Solo
                      HBD = Has Been Drinking
                      Ah. I am corrected.
                      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                      Comment

                      • #12
                        LibertyDeath
                        Member
                        • Dec 2012
                        • 128

                        Oh ok, doesn't CA law prohibit carry under the influence of alcohol.

                        Comment

                        • #13
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44660

                          Originally posted by LibertyDeath
                          Oh ok, doesn't CA law prohibit carry under the influence of alcohol.
                          No.

                          I don't think it's wise, but PC is silent about the specific carry + alcohol consumption.

                          But now drifting into non-LEO territory; any more questions appropriate for this forum?
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                          Comment

                          • #14
                            urbancommando
                            Banned
                            • Sep 2012
                            • 876

                            There are places like the staples center and home depot center that ban leos even. I worked off duty on a high risk personal protection government contract with federal credentials and they still would not let us carry in civilian clothes

                            Comment

                            • #15
                              scootergmc
                              Veteran Member
                              • Mar 2006
                              • 4089

                              Originally posted by bc360
                              In short if your agency grants you a 10 day waiver then you can use it to purchase any gun or magazine.
                              There is no letter/waiver requirement for magazine purchases.

                              Comment

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