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I'm a federal LEO and am wondering how LEOSA effects me when it comes to high cap mags when off duty.
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Originally posted by TRAP55Or your ammo stash has replaced your wifes parking spot in the garage.
When my neighbor asked what all those crates were, I told him if he sees smoke coming from my garage, and me running down the street......he better catch up!
Originally posted by Steve O
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Check with your department. Get the answer in writing.Rule 1- ALL GUNS ARE ALWAYS LOADED
Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)
Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET
Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
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If I trusted them, I would ask them. Sadly our leadership is fubar and because LEOSA just now applies to us (a year and a half anyway) they don't really know squat. Figured people who have been dealing with this stuff for a while would actually know.Originally posted by TRAP55Or your ammo stash has replaced your wifes parking spot in the garage.
When my neighbor asked what all those crates were, I told him if he sees smoke coming from my garage, and me running down the street......he better catch up!Originally posted by Steve O
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There is no clear answer to your question as of yet.
Here's what we do know:
1) California does not ban the personal possession of large-capacity magazines. If you possess them, you're legally able to carry them.
2) Even though fully legal to possess, there is a "quirk" in California law that allows LEO's to seize and destroy them as "Nuisances."
3) There is no provision in LEOSA that allows you to acquire large-capacity magazines.
4) The federal DOJ has opined that LEOSA does not trump state laws concerning magazine capacity. The FOP and NRA have also communicated this opinion of the DOJ.
5) The LEOSA does trump state laws concerning the carrying of weapons (with certain exceptions).
6) California has a published state law case (People v Hale) that holds the magazine is a part of the firearm. This case would support an opinion that LEOSA may trump California's ban on the importation of large-capacity magazines since it trumps state law on firearms and the state law holds the magazine to be part of the firearm. It's a neat argument, but it hasn't been tested yet.
That's about the closest that you can get to an answer until either: 1) The statutes change, 2) The DOJ Opinion changes, or 3) Someone creates some new case law.Last edited by RickD427; 06-04-2014, 1:57 PM.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Thank youOriginally posted by TRAP55Or your ammo stash has replaced your wifes parking spot in the garage.
When my neighbor asked what all those crates were, I told him if he sees smoke coming from my garage, and me running down the street......he better catch up!Originally posted by Steve O
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Absolute perfection in Rick's response.Comment
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I'm a fed leo as well and could never find a definite answer to this.
So until, it becomes more clear, I'm just going to carry my standard capacity mags. Last thing I want is to get in trouble over magazines lol.Comment
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Thank youComment
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Those who are Fed LEOs pm me. If you are in the same agency as me I have a memo passed down by the chief regarding LEOSA and California law.Comment
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