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Are CA Correction Officers exempt from large cap mag restriction?

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  • LJ Guns
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2013
    • 228

    Are CA Correction Officers exempt from large cap mag restriction?

    Hey All, I know this has been beat to death but I cannot find a specific reference anywhere. I know LEO's, incl CO's, are exempt from the Handgun Roster. However, with regard to large cap. mag's, only those who carry in the course and scope of their duties are exempt from the 10 round limit (https://oag.ca.gov/firearms/exemptpo). As I understand, most CO's do NOT carry in the course and scope of their duties. With that said, I have a CO customer who wants to purchase a Mod 2 M&P9 and they only come with 17 round mags. He tells me he occasionally carries a sidearm when transporting prisoners, and that "most of his co-workers own this same handgun with the large cap mag's". Thoughts?
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Originally posted by LJ Guns
    Hey All, I know this has been beat to death but I cannot find a specific reference anywhere. I know LEO's, incl CO's, are exempt from the Handgun Roster. However, with regard to large cap. mag's, only those who carry in the course and scope of their duties are exempt from the 10 round limit (https://oag.ca.gov/firearms/exemptpo). As I understand, most CO's do NOT carry in the course and scope of their duties. With that said, I have a CO customer who wants to purchase a Mod 2 M&P9 and they only come with 17 round mags. He tells me he occasionally carries a sidearm when transporting prisoners, and that "most of his co-workers own this same handgun with the large cap mag's". Thoughts?
    Correctional officers are neither exempt from the roster or hi cap mags unless they are a sworn deputy. Or i guess i should say "have police powers"
    Last edited by taperxz; 07-19-2017, 11:16 AM.

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    • #3
      LJ Guns
      CGN/CGSSA Contributor
      CGN Contributor
      • Jul 2013
      • 228

      As was my initial thought. However, if you click the link in my original post it clearly shows 'The Department of Corrections and Rehabilitation' as Roster exempt. As you scroll down and find the 'Large Capacity Magazine' section, no specific Dept list is shown...it simply states exemption is based on the specific course and scope of the LEO's duty.

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      • #4
        taperxz
        I need a LIFE!!
        • Feb 2010
        • 19395

        Originally posted by LJ Guns
        As was my initial thought. However, if you click the link in my original post it clearly shows 'The Department of Corrections and Rehabilitation' as Roster exempt. As you scroll down and find the 'Large Capacity Magazine' section, no specific Dept list is shown...it simply states exemption is based on the specific course and scope of the LEO's duty.
        Correct "police powers" You have to have police authority in and out of work in order to be exempt from the roster or mags.

        A correctional officer in certain set ups do not have "police powers" when off duty. In Lake County, CO's are not exempt from the roster or mag laws. They actually need to apply for a CCW in order to carry a gun off duty.

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        • #5
          LJ Guns
          CGN/CGSSA Contributor
          CGN Contributor
          • Jul 2013
          • 228

          Certainly a tad confusing. I am under the impression NO CO's that have "off duty" police powers (that is unless they are under a different dept like County Sheriff and considered a Deputy). Thus the fact they are listed as a roster-exempt entity tells me the exemption has nothing to do with their off duty powers, only their powers while on duty. Our CO's in Kern County can obtain CCW's by simply qualifying quarterly through their Dept, as opposed to civilians who must apply/qualify every 2 years through the local entity responsible for CCW issue (here in Kern Co it is the Sheriff). SO...still confused

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          • #6
            dvs762
            Senior Member
            • Mar 2007
            • 1790

            Doj said to me their id must say either police officer or peace officer to be exempt

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            • #7
              taperxz
              I need a LIFE!!
              • Feb 2010
              • 19395

              Originally posted by LJ Guns
              Certainly a tad confusing. I am under the impression NO CO's that have "off duty" police powers (that is unless they are under a different dept like County Sheriff and considered a Deputy). Thus the fact they are listed as a roster-exempt entity tells me the exemption has nothing to do with their off duty powers, only their powers while on duty. Our CO's in Kern County can obtain CCW's by simply qualifying quarterly through their Dept, as opposed to civilians who must apply/qualify every 2 years through the local entity responsible for CCW issue (here in Kern Co it is the Sheriff). SO...still confused
              Live by this rule :

              Its says additionally but it also includes the original class or exempt individuals.

              A correctional officer who has not received the above training is not exempt from the mag and roster law.

              More importantly, if they NEED to carry a CCW issued by the county, they are not roster exempt or hi cap mag exempt because active LE don't need what we know as a CCW.

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              • #8
                LJ Guns
                CGN/CGSSA Contributor
                CGN Contributor
                • Jul 2013
                • 228

                Makes sense and as far as I know, at least here in Kern County, our CO's do in fact complete the POST Academy. I'll definitely double check. Thanks very much for the insight!

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                • #9
                  acespawnshop
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Jun 2012
                  • 2852

                  Their ID should say PC 830 on it. Like CDC IDs have. If they're just a regular corrections officer then not roster exempt.
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                  • #10
                    LJ Guns
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Jul 2013
                    • 228

                    Great info thank you! OK so this particular customer does in fact have credentials that indicate they are a state Peace Officer as defined in CA penal code section 830.2. SO, they are roster exempt as you state. Are they Large Cap Magazine exempt is the question??

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                    • #11
                      taperxz
                      I need a LIFE!!
                      • Feb 2010
                      • 19395

                      Originally posted by LJ Guns
                      Great info thank you! OK so this particular customer does in fact have credentials that indicate they are a state Peace Officer as defined in CA penal code section 830.2. SO, they are roster exempt as you state. Are they Large Cap Magazine exempt is the question??
                      Yes.

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                      • #12
                        LJ Guns
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Jul 2013
                        • 228

                        Thanks guys, very much appreciated!!

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                        • #13
                          Tyke8319
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Nov 2013
                          • 2105

                          Are you talking about personnel from the Calif. Dept. of Corrections or the local Sheriff's Office/counties that hires civilian corrections personnel?
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                          So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
                          Judge Roger T. Benitez
                          LCM's ruled legal 3/29/2019

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                          • #14
                            LJ Guns
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Jul 2013
                            • 228

                            Dept of Corrections and Rehab. His credentials state "Peace Officer" on the front, and on back it indicates "...state Peace Officer as defined in CA penal code section 830.2". The verbiage in the law that confused me is the part about carrying a firearm in the course and scope of duty in order to be exempt from the large cap mag law. As we all know, even though CO's might be considered a peace officer, MOST of them never carry a sidearm.

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                            • #15
                              Tyke8319
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Nov 2013
                              • 2105

                              Ca. Dept. of Corrections officers are peace officers.
                              American soldier by choice. Made in America by the Grace of God.

                              So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
                              Judge Roger T. Benitez
                              LCM's ruled legal 3/29/2019

                              Comment

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