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HAS ANY FFL COME ACROSS A PEROSN WITH LEOSA CARD? ARE THEY ABLE TO PURCHASE OFF-ROSTER FIREARMS IN CA WITH IT? HAD A CUSTOMER WHO STATES HE HAS PURCHASED OFF-ROSTER IN OTHER SHOPS AND THEY ARE CONSIDERED FEDERAL LEO. DOJ SAID LEOSA IS NOT RECOGNIZED IN CA THEREFORE HE CANNOT EVEN USE IT AS A FSC EXEMPTION ....
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Interested to see the answer on this.
From my understanding, they are retired LE. So the roster applies. -
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 3/29/2019Comment
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What is an LEOSA card?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 3/29/2019Comment
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What do you mean by "LEOSA Card"?
Under the LEOSA, "Qualified Law Enforcement Officers" and "Qualified Retired Law Enforcement Officers" (actually a misnomer - folks can be a "Qualified Retired Law Enforcement Officer" without being retired) can be issued a document by their agencies identifying them as such. Such officers are also required to carry a document showing that they have met qualification requirements within the preceding year. The LEOSA allows both documents to be combined into a single card, but in actual practice nearly all officers carry two separate cards. I can't tell which one you're referring to.
The LEOSA only provides an exemption from most state laws concerning the carrying of firearms. The LEOSA does not provide any special status regarding the ability to acquire firearms.
The Penal Code defines specific law enforcement officers that are roster-exempt. The LEOSA defines "Law Enforcement Officer" more broadly than does the Penal Code. For that reason, a LEOSA ID Card (as opposed to the LEOSA Qual Card) does not establish that the officer is roster exempt. Additionally, the LEOSA covers retired officers, but retired officers are not roster-exempt.
Who in DOJ told you that "LEOSA is not recognized in California"? The LEOSA is a federal statute. The state has no prerogative to not recognize it.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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I think it’s the one issued by the agency it’s what he’s referring to.
The way I interpreted what OP said is that the DOJ doesn’t recognize LEOSA credentials for Off-Roster purchases.Who in DOJ told you that "LEOSA is not recognized in California"? The LEOSA is a federal statute. The state has no prerogative to not recognize it.Last edited by 9Cal_OC; 04-21-2021, 12:39 PM.Comment
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[QUOTE=RickD427;25686984]What do you mean by "LEOSA Card"?
Under the LEOSA, "Qualified Law Enforcement Officers" and "Qualified Retired Law Enforcement Officers" (actually a misnomer - folks can be a "Qualified Retired Law Enforcement Officer" without being retired) can be issued a document by their agencies identifying them as such. Such officers are also required to carry a document showing that they have met qualification requirements within the preceding year. The LEOSA allows both documents to be combined into a single card, but in actual practice nearly all officers carry two separate cards. I can't tell which one you're referring to.
The LEOSA only provides an exemption from most state laws concerning the carrying of firearms. The LEOSA does not provide any special status regarding the ability to acquire firearms.
The Penal Code defines specific law enforcement officers that are roster-exempt. The LEOSA defines "Law Enforcement Officer" more broadly than does the Penal Code. For that reason, a LEOSA ID Card (as opposed to the LEOSA Qual Card) does not establish that the officer is roster exempt. Additionally, the LEOSA covers retired officers, but retired officers are not roster-exempt.
Who in DOJ told you that "LEOSA is not recognized in California"? The LEOSA is a federal statute. The state has no prerogative to not recognize it.[/QUOT
retired Leos usually have retired credentials from their department.. The only individuals I've seen that carry a LEOSA card is retired military... or active military..Comment
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Both of the above would be reasonable assumptions based on the context of the OP's posting.
But it's important to be exact when applying the law, assumptions too often get folks into trouble.
Best to hear from the OP on this.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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A little off the subject...
Apparently, not all "agencies" within CA issue LEOSA ID Card or LEOSA Qualification Cards. At least one I know of only requires annual departmental qualification.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 3/29/2019Comment
-
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 3/29/2019Comment
-
Customer has active military status , and told me the leosa card gives him federal law enforcement powers therefore he can purchase off roster firearms in CA..DOJ rep said NO...Comment
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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 3/29/2019Comment
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"Active military status" by itself would not qualify for LEOSA. Were they some sort of military police/investigator with power to arrest? There's a list somewhere of specific classifications which I believe can qualify.Comment
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A "LEOSA Card" provides no powers of arrest. It only recognizes that the bearer already possesses statutory powers of arrest, or military powers of apprehension (the "Powers of Apprehension" provision was added in 2013 to cover military law enforcement officers).
Military law enforcement officers are kinda unique. Only Coast Guard members possess "statutory powers of arrest." The DoD services do not have "statutory powers of arrest" but do assign their LEO's the power of "apprehension" (it's largely a semantic difference). Military Special Agents of the CID units do not have statutory powers of arrest, but are authorized by Title 28 of the CFR to serve search warrants upon civilian targets.
The purchase of an off-roster handgun is governed by Penal Code section 32000. It enumerates the categories of folks who are able to make such a purchase. There is no provision for a person to be eligible based only on the possession of a LEOSA ID card.
PC 32000(b)(4) does permit the off-roster sale to sworn members of the "military or naval forces." We've discussed this in other threads, the key point being that all military members take an oath upon enlistment or commissioning and could therefore claim to be "sworn." But the context of the statute, and the DOJ interpretation, is that it only applies to members who have sworn to an LEO oath (primarily section 1811 covered CID special agents).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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