Current rules for retired LEO's to keep AR's?

[jedi391]

I am kicking around the idea of picking up an AR. I had thought that once I retire in would have to give up a standard commercial AR. Based on this I figured I would buy one with the bullet button that I know I would be able to keep post retirement and for duty use I would carry a department issued AR. I would prefer my own for carry as I could set it up exactly as I want, but I can't justify that outlay of funds if it really doesn't belong to me since having to turn it in at retirement means it effectively was never mine. Today I talked to a buddy who mentioned he was buying one for duty use. I mentioned my concerns to him and he said he called CAL DOJ and they told him that as of now he would be able to keep it as is post retirement. I googled this and I can't find anything beyond a 2011 AG opinion that LEO's could not keep a standard (non-bullet button) AR.

Anyone with any current insight on this issue?

[RickD427]

I am kicking around the idea of picking up an AR. I had thought that once I retire in would have to give up a standard commercial AR. Based on this I figured I would buy one with the bullet button that I know I would be able to keep post retirement and for duty use I would carry a department issued AR. I would prefer my own for carry as I could set it up exactly as I want, but I can't justify that outlay of funds if it really doesn't belong to me since having to turn it in at retirement means it effectively was never mine. Today I talked to a buddy who mentioned he was buying one for duty use. I mentioned my concerns to him and he said he called CAL DOJ and they told him that as of now he would be able to keep it as is post retirement. I googled this and I can't find anything beyond a 2011 AG opinion that LEO's could not keep a standard (non-bullet button) AR.

Anyone with any current insight on this issue?

Jedi,

It's about as clear as mud right now.

The 2009 AG Opinion was horribly written. It concluded that officers were required, upon retirement or separation, to surrender "Assault Weapons" that they acquired following the deadline, using their peace officer status and departmental endorsement.

But that opinion did not cite any statute that would be violated if the officer failed to surrender the weapon, nor did it cite any statute that required the weapon to be surrendered. Please refer to AG Opinion 09-901

To date, I have not heard of any change in the DOJ position (your info concerning the telephone call is the first indication of a potential change that I have heard) and I've haven't seen any test cases.

DOJ Opinions are not law, but they tend to be very persuasive to the courts.

[Michael Ehline]

Why not just make it featureless and drop mags like a real man?

[jdubs71]

I would be careful buying a "CA legal" AR and removing the bullet button to accept hi caps for the purpose of carrying it as a duty rifle LEO or not you just committed a felony. I may have read that wrong so my apologies if I did. As far as any updated info regarding being able to keep a legally purchased AR after retirement I have not heard. I was told I would have to "give" mine back to the dept. when i retire. That didn' sit well with me. You can bet I would strip it down to the lower receiver and cut it up into a bunch of pieces before handing it over.

[jedi391]

I think I'm going to go ahead and use the department issued rifle and just get a bullet button AR as my own, and no, I have no plans to convert the bullet button version. I don't want to do anything I'm not supposed to. The reason I ask is that it's just about as confusing as possible to know what is or is not okay. I guess that's why Yee just decided to smuggle in military weaponry rather then follow the rules, but I don't really want to be like him.

[Bobby Ricigliano]

Use your LE and buy a dozen ungimped magazines and go featureless. All mine are. When I retire in 11 years I'll stop at the CA/NV border and dump all of the "compliance" devices in the closest dumpster.

[Grimjack]

If DOJ isn't willing to give you something in writing (and they won't) then I wouldn't trust any phone advice given....You talk to three guys up there and get three different answers

[hbm4]

Does anyone have any updates or heard anything on this issue?

Sent from my SM-N900V using Tapatalk

[WyattandDoc]

The waters are SOOO muddy on this. I wouldn't even touch it. Get your department to drop the coin on your ideal weapon. I did and get to shoot it whenever and wherever I want. Keep all you personal stuff "legal". Then move out of state and build you own someday. No headache and no worries.

[Gun Kraft]

I suggest purchase (and registering) an "unnamed" assault weapon (meaning not banned by name) now. In the future if the need arises you can install a bullet button and send the DOJ notification it's no longer an assault weapon. At that point you can keep or sell it like any other "regular" rifle.

Having said that, at this point I think it's unlikely the DOJ will insist you turn in any (recently) registered assault weapons upon retirement. So go ahead and have fun with it now knowing you can "detune" it later.

[Bobby Ricigliano]

Why not just make it featureless and drop mags like a real man?

As a full time sworn LEO in California, is that your AR-15 strategy?

[yzErnie]

Jedi,

It's about as clear as mud right now.

The 2009 AG Opinion was horribly written. It concluded that officers were required, upon retirement or separation, to surrender "Assault Weapons" that they acquired following the deadline, using their peace officer status and departmental endorsement.

But that opinion did not cite any statute that would be violated if the officer failed to surrender the weapon, nor did it cite any statute that required the weapon to be surrendered. Please refer to AG Opinion 09-901

To date, I have not heard of any change in the DOJ position (your info concerning the telephone call is the first indication of a potential change that I have heard) and I've haven't seen any test cases.

DOJ Opinions are not law, but they tend to be very persuasive to the courts.

Respectfully, the previous AG's "Opinion" is just that, an opinion. There is no statute to support his "Opinion" nor has anyone, including the mind boggling thought processes of Kamala Harris sought any legislation to proceed with that "Opinion". Even if they do someday proceed with that "Opinion" and seek to outlaw all 'AW's' in this state, all previously owned rifles should be grandfathered in and we would be allowed to maintain possession.

[ls2monaro]

Agreed, ag opinion is not law. My department is huge and hundreds of us have our own personal ar15's for work. Those who have retired since 2009 have kept their rifle and nothing has happened.

Worst case scenario is it becomes law and they don't let you possess a "raw" when you retire. I would get the lower, cut into about a hundred pieces with a cutoff wheel, and mail them the pieces in a box. Then make my rifle compliant with ca law. But I'm 99.9% sure I'll be out of this state for retirement so I'm not too worried.