Processing PPT from Exempt to Non-Exempt

[BONECUTTER]

Perhaps not. A background check on the firearm is performed on serial numbers. I would think that the exemption to sell to the newly classified would show that in the DROS.

The exempt buyer would be FSC exempt so showing a status as a LEO of some sort, as an LEO their name would be in a data base showing they are some type of LEO and the law would only allow newly purchased off roster guns as part of the the new Penal code.

This all seems like a hassle but, DOJ could track that gun purchased to the newly exempted LEO's and then deny the purchase during the 10 day wait to someone they can't sell that gun to.

They could also decipher if the gun was bought under the new law or if it was obtained through other means like a previous PPT or other means like brought in from out of state ect.

Theses no way the DOJ has access to check what agency/dept a LEO works for. The DROS exemption is just going to say CA Law Enforcement for all of them.

Think this law was to shut up other Agencies who cried "were police too":

Cool you can buy but not sell. And if you do we can charge you with this crime......

[taperxz]

No, only the newly added exempt can't, the others still can.

One problem is that if two people come to you to do a CA PPT, how exactly do you know that the seller is a LEO and whether they fall into the category which either allows them to sell it or does not allow them to sell it? Remember, the person could have received the firearm by various means, such as moving to CA, interstate intrafamilial transfer, buying it originally from a person who moved to CA, etc.

It is possible that the firearm was illegally brought into CA as well.

Unless you know, you don't know. Is it really up to the FFL to investigate the history of the firearm?

Perhaps not. A background check on the firearm is performed on serial numbers. I would think that the exemption to sell to the newly classified would show that in the DROS.

The exempt buyer would be FSC exempt so showing a status as a LEO of some sort, as an LEO their name would be in a data base showing they are some type of LEO and the law would only allow newly purchased off roster guns as part of the the new Penal code.

This all seems like a hassle but, DOJ could track that gun purchased to the newly exempted LEO's and then deny the purchase during the 10 day wait to someone they can't sell that gun to.

They could also decipher if the gun was bought under the new law or if it was obtained through other means like a previous PPT or other means like brought in from out of state ect.

[rbetts]

So those that can are :

CHP
City Police Departments
County Sheriff Departments
Department of Correction Officers
Federal Sworn Peace Officers (FBI, Marshall, Flight Officer)

[Junkie]

The problem is that it states that the FFL can't do the transfer. That makes it sound like the FFL will have problems if they do, maybe even if they do in good faith (if someone lies for example).

[kemasa]

So to be clear, LEO's cannot PPT off roster handguns to civilians anymore

No, only the newly added exempt can't, the others still can.

One problem is that if two people come to you to do a CA PPT, how exactly do you know that the seller is a LEO and whether they fall into the category which either allows them to sell it or does not allow them to sell it? Remember, the person could have received the firearm by various means, such as moving to CA, interstate intrafamilial transfer, buying it originally from a person who moved to CA, etc.

It is possible that the firearm was illegally brought into CA as well.

Unless you know, you don't know. Is it really up to the FFL to investigate the history of the firearm?

[BONECUTTER]

So to be clear, LEO's cannot PPT off roster handguns to civilians anymore

[rbetts]

So to be clear, LEO's cannot PPT off roster handguns to civilians anymore

[BONECUTTER]

LEO's who used to be able to buy off Roster can still sell them.
AB2165 added new LEO types who can't.

SECTION 1. Section 32000 of the Penal Code is amended to read:

32000. (a)A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for saleSubject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.

So newly added types can only sell to newly added types.
There is no way the DOJ can check this during the 10 day wait as the exemption option is still just peace officer. There is no other option to select for the newly added versions.

Other then the dealer requesting a copy of the previous DROS and if done as a Law Enforcement exempt transaction asked to see the peace officer ID there is no way for the dealer to tell.

It's the LEO doing it who's really gambling.

[Quiet]

AFAIK...
It is determined during the 10 day wait by CA DOJ.

Because AFS is a historically database, if the off-Roster handgun was acquired via LEO exemption it will be indicated in that handgun's record along with the info of everyone who owned/transferred that handgun.

[Chewy65]

A question came up about PC 32000 and sales by a LEO of off roster handguns. If a licensee is prohibited from transferring an "unsafe" handgun obtained using a LEO exemption to a non exempt person, how does an FFL know that it was originally purchased with an exemption? It is possible that the LEO got it in a PPT or as a IntraFamiliar transfer isn't it?