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FBI AGENT = NOT LEO in CA

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  • #16
    SoulStealer
    AFreePeopleOughtToBeArmed
    CGN Contributor - Lifetime
    • Dec 2011
    • 1804

    ProForce in Brea does not have a problem writing down my I.D. number, no copying of credential allowed. You need to do more research on this?? He is a Federal Officer and can purchase Hi cap Magazines.

    Comment

    • #17
      RickD427
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2007
      • 9274

      Originally posted by SoulStealer
      He is a Federal Officer and can purchase Hi cap Magazines.
      Can you cite an authority section for this?

      Unless there is a superseding federal statute that requires a California merchant to sell the magazines to individual officer, we're stuck with Penal Code section 32400. That section requires the officer's agency to purchase the magazines.
      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

      • #18
        SoulStealer
        AFreePeopleOughtToBeArmed
        CGN Contributor - Lifetime
        • Dec 2011
        • 1804

        Originally posted by RickD427
        Can you cite an authority section for this?

        Unless there is a superseding federal statute that requires a California merchant to sell the magazines to individual officer, we're stuck with Penal Code section 32400. That section requires the officer's agency to purchase the magazines.
        Large capacity magazines may be manufactured for any federal, state, or local government or law enforcement agency, or for use by agency employees in the discharge of their official duties, whether on or off duty. Section 12020(b)(30).

        And there is no requirement that you have to sell to anybody!
        Last edited by SoulStealer; 05-13-2012, 7:08 PM.

        Comment

        • #19
          RickD427
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2007
          • 9274

          Originally posted by SoulStealer
          Large capacity magazines may be manufactured for any federal, state, or local government or law enforcement agency, or for use by agency employees in the discharge of their official duties, whether on or off duty. Section 12020(b)(30).

          And there is no requirement that you have to sell to anybody!
          Sir,

          I think you misunderstand my question. PC 12020(b)(30) is no more. It went away last year and was replaced by section 32440. That section only permits the manufacture of the magazines. It does not allow the sale of large-capacity magazine to an individual federal officer.

          California Penal Code section 32400 allows sale of large-capacity magazines to federal agencies, for use by their employees, but does not allow sale directly to the employee.

          Unless there is some statute that supersedes section 32400 (like a federal law allowing federal officers to purchase, or requiring merchants to sell), the federal officer cannot buy the magazines, he/she has to get them from their agency.

          I was asking for a citation to such a statute.
          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

          • #20
            SoulStealer
            AFreePeopleOughtToBeArmed
            CGN Contributor - Lifetime
            • Dec 2011
            • 1804

            Originally posted by RickD427
            Sir,

            I think you misunderstand my question. PC 12020(b)(30) is no more. It went away last year and was replaced by section 32440. That section only permits the manufacture of the magazines. It does not allow the sale of large-capacity magazine to an individual federal officer.

            California Penal Code section 32400 allows sale of large-capacity magazines to federal agencies, for use by their employees, but does not allow sale directly to the employee.

            Unless there is some statute that supersedes section 32400 (like a federal law allowing federal officers to purchase, or requiring merchants to sell), the federal officer cannot buy the magazines, he/she has to get them from their agency.

            I was asking for a citation to such a statute.
            All I can speak of is from personal experience. I have purchased Hi cap magazines numerous times, as I have stated above from my local Law Enforcement store with no problems. They write down my info as well as my I.D. number. I have also purchased Off Roster Handguns, they mark "NON- ROSTER PEACE OFFICER" The store has never had any problems and I have never been called into my employers office to explain. If some dealers do not want to sell, that is up to them. As the agent stated above, his other LGS "has no problem doing it that way".
            If you read the first post again, the OP was going to sell until the Agent would not allow the copying of his/her credential?? I suggest that more research into this be done on all levels and everything will turn out just fine.



            No big deal, let me copy your Peace officer card with photo ID and DL and you are good to go!
            Last edited by SoulStealer; 05-13-2012, 8:53 PM.

            Comment

            • #21
              dustoff31
              Calguns Addict
              • Apr 2007
              • 8209

              Originally posted by SoulStealer
              All I can speak of is from personal experience. I have purchased Hi cap magazines numerous times, as I have stated above from my local Law Enforcement store with no problems. They write down my info as well as my I.D. number. I have also purchased Off Roster Handguns, they mark "NON- ROSTER PEACE OFFICER" The store has never had any problems and I have never been called into my employers office to explain. If some dealers do not want to sell, that is up to them. As the agent stated above, his other LGS "has no problem doing it that way". If you read the first post again, the OP was going to sell until the Agent would not allow the copying of his/her credential?? I suggest that more research into this be done on all levels and everything will turn out just fine.
              I would imagine the agent will put out the word so that the OP won't have to worry about it in the future.
              "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

              Comment

              • #22
                rbetts
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Jan 2009
                • 1150

                Haven't had any problems selling to LEO's in the past or at present. Non LEO's are another story all together. Thanks for all the input here. I'll follow Wes' lead on this one. Haven't had a miss when following him yet.
                sigpic

                Golden State Tactical <---click here >

                An FORMER Outpost Deep In the Heart of the Beast! Home of "California Compliant" AR15 Parts and Magazines and some of the lowest priced guns in the state!!!

                Comment

                • #23
                  socalblue
                  Senior Member
                  • Feb 2010
                  • 811

                  Federal LEO's that fall under 830.8 are still peace officers, just not CA peace officers. 32400 does not not appear to make a distinction between the two.

                  As a note, CA law fails to recognize the authority granted under 28 USC Sec. 564 to a US Marshal, Deputy US Marshal or other designated by the USMS (Hint - far broader powers than a typical Federal LEO).

                  Comment

                  • #24
                    Plisk
                    Veteran Member
                    • Mar 2009
                    • 3007

                    There's nothing wrong with what happened. You are actually not allowed to copy Federal credentials, and they still have the ability to posses and purchase high capacity magazines.
                    "If it wears out, replace it. If it breaks, upgrade." -Cranky Air Force Vet.

                    Kevin

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