Federal LEO and High Cap Magazines

[atomgun]

The California Attorney General has recently established that Federal LEO's are not exempt from the firearms roster or mag limits. Since it is not illegal to purchase or posses a high capacity mag, if a federal LEO is found with a high cap mag that was purchased prior to the decision, do they only need to explain that the mag was purchased when it was believed to be legal?

Thanks in advance for the feedback.

[five.five-six]

Is it federal LEO and HiCap standard capacity magazine Wednesday again already? That means that slidefire Thursday is right around the corner.

[captainkelp]

The California Attorney General has recently established that Federal LEO's are not exempt from the firearms roster or mag limits. Since it is not illegal to purchase or posses a high capacity mag, if a federal LEO is found with a high cap mag that was purchased prior to the decision, do they only need to explain that the mag was purchased when it was believed to be legal?

Thanks in advance for the feedback.

It looks like you mainly mentioned hi-cap mags, but you also stated that feds cannot purchase off-roster weapons. That is only due to the opinion of CA AG Harris, which prior to her the AGs' had no problem with it. Off-roster for feds are now a mute point anyway since CA SB363 fixed the issue for feds and takes effect Jan 1, 2014 (the 2001 bill has been amended). Still not sure about the hi-caps, but fed law trumps state law and I would not worry about getting pinched for it.


SEC. 3.
Section 32000 of the Penal Code is amended to read:





32000.
(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 a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.

(2) The importation or lending of a handgun 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 a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.

[Rogue187]

Looks like a troll came a calling..