Reserve LEO's

[Dick's Shootin' Irons]

I've searched here and at DOJ website and can not find an answer to this question. "are reserve leo's able to buy non roster handguns?" Thanks in advance for any help.

[code33]

There is no distinction between paid full-time and reserves in the exemption.
This is what the Penal Code says:

12125(b)(4)
This section shall not apply to any of the following:
The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

PC 830. Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace officer, and notwithstanding any other provision of law,
no person other than those designated in this chapter is a peace
officer. The restriction of peace officer functions of any public
officer or employee shall not affect his or her status for purposes
of retirement.

A reserve peace officer powers is in this chapter under PC section 830.6.

[tenpercentfirearms]

There is no distinction between paid full-time and reserves in the exemption.
This is what the Penal Code says:

12125(b)(4)
This section shall not apply to any of the following:
The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

PC 830. Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace officer, and notwithstanding any other provision of law,
no person other than those designated in this chapter is a peace
officer. The restriction of peace officer functions of any public
officer or employee shall not affect his or her status for purposes
of retirement.

A reserve peace officer powers is in this chapter under PC section 830.6.

I could have sworn you had to be a full time paid peace officer. Or is that just for magazines?

[TripleT]

I could have sworn you had to be a full time paid peace officer. Or is that just for magazines?

The fact that this would make no sense means it is likely true in Ka...

[Dick's Shootin' Irons]

Wes, I also thought that I had read/been told that they had to be full time but I can't find it anywhere. Thanks for the responses.

[Max008]

[QUOTE=code33;5934763]There is no distinction between paid full-time and reserves in the exemption.
This is what the Penal Code says:

12125(b)(4)
This section shall not apply to any of the following:
The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

so does this work with Reserve MP's?

[code33]

As a lot of people already know, DOJ doesn't properly interpret the laws many times.

On mags:
Sometime in 2009, DOJ suddenly told FFL's "no" on mags for reserves. CRPOA worked on "nicely" letting DOJ know that they were wrong. DOJ released a memo to FFL's through the DROS system.

CRPOA also included a copy in their magazine on Pages 6 & 7:

http://www.crpoa.org/pdfs/BACKUP_magazine/backup-final-spring2010.pdf

For mags, it depends if the reserve is authorized to carry on duty.
Basically, Levels I & II have the green light while it depends for Level III's.

[Librarian]

CRPOA also included a copy in their magazine on Pages 6 & 7:

http://www.crpoa.org/pdfs/BACKUP_magazine/backup-final-spring2010.pdf

For mags, it depends if the reserve is authorized to carry on duty.
Basically, Levels I & II have the green light while it depends for Level III's.

Thanks! Updated the wiki page on magazines with this info.

[code33]

The one per 30-day exemption mentions (12072(9)(B)(v) PC) "full-time paid
peace officer." Perhaps that's where you saw the reference to this.

I could have sworn you had to be a full time paid peace officer. Or is that just for magazines?

[Sacramento Black Rifle]

I could have sworn you had to be a full time paid peace officer. Or is that just for magazines?

Ten you are correct must be full time paid peace officer.

[code33]

so does this work with Reserve MP's?

I thought this has been discuss someone on this forum before and DOJ said no.

However, if you look at the law, the listed agencies may purchase "for use in the discharge of their official duties" which includes the military. The next sentence allows "sworn members" to purchase and is silent on usage.

12125(b)(4)
This section shall not apply to any of the following:
The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

[jtmkinsd]

so does this work with Reserve MP's?

Since it doesn't work with active MP's...no

Military Police are not "peace officers" in CA. You would need a letter from your base commander in order to have any exemption.