Peace Offer Exemption taken for DOC employee

[Chewy65]

An academic teacher for the Department of Corrections is buying a handgun via a PPT. The FFL seeing her ID Badge, which does not state that she is a peace officer, told her that she is exempt as a peace officer pursuant to a recent change in the law. This was news to the buyer. On the worksheet the FFL indicated in the HSC box "X-31 Peace Officer". The buyer signed under penalty of perjury and DROS commenced. The gun is in the waiting period.

The buyer later did some checking and verified that she is not a peace officer and is not an exempt person.

Does she have a problem and, if so, what can be done to correct it? My guess is that she needs to contact that FFL and have them correct the application. She also has to show or get a FSC. This is the subject of a thread in the How CA Law Applies To/Affects Me subforum.

[code_blue]

I replied to that thread. You're correct, FFL has to submit a correction and FSC must be provided. In this case, likely cancel DROS and submit a new one considering the number of mistakes. 4473 doesn't have anything for FSC exemptions so it should be fine.

The perjury part, IDK. Onus is on the prosecutor to prove her intent. She probably just trusted the FFL to know what they were doing.

[Chewy65]

Thanks anbu_yoshi. I agree that at his point it would be hard to prove intent, but should DOJ start making noises it may not be good for a Correctional Department employee if someone got the impression that she passed herself off as a sworn officer to buy a firearm. I see you also wondered why she was even showing her CDC ID to the FFL or if he just happened to see it as she was pulling out her CDL and whatever.I didn't ask because I didn't want to make the woman paranoid and I thought is likely that she didn't intentionally misuse her ID.

[code_blue]

It shouldn't be a surprise that administrative employees attempt to use their IDs to get free or discounted prices.

I've seen it first hand. They pass it off as jokes, but you can tell they would've accepted.

[acespawnshop]

A couple things here I have questions about. Are you stating that she was FSC exempt and it was DROS'd as such? If you're asking about the roster that doesn't apply in a PPT. So, not quite sure here. We have a few DOC officers who purchased here and their ID states Sworn Peace Officer on their ID's from the state. Not sure since I didn't see what credentials were shown in this transaction so not much input other than what I have already stated.

[Chewy65]

A couple things here I have questions about. Are you stating that she was FSC exempt and it was DROS'd as such? If you're asking about the roster that doesn't apply in a PPT. So, not quite sure here. We have a few DOC officers who purchased here and their ID states Sworn Peace Officer on their ID's from the state. Not sure since I didn't see what credentials were shown in this transaction so not much input other than what I have already stated.

Just what happened is confusing, but this was a PPT and so the roster should not be an issue. Her ID does not state that she is a sworn peace officer, she is not a sworn peace officer but a teacher, and the best guess is that the only place where she was claimed to be one was for the exemption code for providing a FSC number. This is all the info she gave when asking if she was roster exempt:

I started a PPT at an FFL out of town, and he looked at my California Dep't of Corrections ID badge and told me I was Roster exempt, even though I am not a Corrections Officer who carries as part of my duties. ( I am an Academic Teacher) The only employees who carry as part of their duties are the look outs in the Towers. He marked me as X31 -Active Peace Officer on the DROS .He said there was a recent ( 2-3 months ago) change that made it legal for me to buy off roster. Believe me, I was ECSTATIC ! However, since this sounded too good to be true, I talked to my local FFL, and he was not aware of this change. He believes I have to be an actual C.O. to be exempt. I have looked at the penal code, and can't find any recent changes or clarifications. Anyone have information on this?

It seems to me that the buyer has a problem with the commission of a misdemeanor, which I doubt anyone will charge, if it is corrected before she picks the gun up.

31615. (a) A person shall not do either of the following:
(1) Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(2) Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(b) Any person who violates subdivision (a) is guilty of a misdemeanor.
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