Verification of 2 LEO Exemptions

[ugimports]

I had a LEO customer tell me I had a few things wrong:

1) Requiring right thumbprint (he said left is perfectly fine according to PC) -- I have had a hard time finding where left is ok to use if right exists.

2) He didn't need a lock because he was LEO. I was looking for that as well and he claimed it was in the PC (could not cite).

In both cases he did what I requested (right thumb print) and safe affidavit.. However, for future reference can someone point me to the PC he was talking about or was he just a misinformed LEO?

Thanks

[ke6guj]

I had a LEO customer tell me I had a few things wrong:

1) Requiring right thumbprint (he said left is perfectly fine according to PC) -- I have had a hard time finding where left is ok to use if right exists.

I don't see any such exemption either.

28160 (b) The purchaser shall provide the purchaser's right thumbprint
on the register in a manner prescribed by the department. No
exception to this requirement shall be permitted except by
regulations adopted by the department.

and I haven't seen any regulations published to allow otherwsie.


and in the CADOJ FAQ:

Are firearms dealers required to capture the thumbprint on the DROS form for each firearm recipient?
Yes. The firearms dealer must require the firearm recipient to place his or her right thumbprint, in black ink, on the back of the DROS form. If the recipient is unable to comply, then the dealer should contact the DOJ at (916) 263-4887 for instructions.

(PC section 12077)

2) He didn't need a lock because he was LEO. I was looking for that as well and he claimed it was in the PC (could not cite).
I only see this exemption, but it appears only apply to "duty weapons", but it can, and has been, argued that any firearm that an LEO owns "can be used for purposes of LE" just by using it to target practice, that the act of pulling the trigger makes you a better shot, and that is "purpose of law enforcement".

23630. (a) This division does not apply to the commerce of any
antique firearm.
(b) (1) This division does not apply to the commerce of any
firearm intended to be used by a salaried, full-time peace officer,
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, for purposes of law enforcement.

[tenpercentfirearms]

2) He didn't need a lock because he was LEO. I was looking for that as well and he claimed it was in the PC (could not cite).
I only see this exemption, but it appears only apply to "duty weapons", but it can, and has been, argued that any firearm that an LEO owns "can be used for purposes of LE" just by using it to target practice, that the act of pulling the trigger makes you a better shot, and that is "purpose of law enforcement".

Don't forget that the state might not care if they don't have a lock for their duty weapon, but I don't think there is such an exception for the federal requirement for handguns.

[ke6guj]

Don't forget that the state might not care if they don't have a lock for their duty weapon, but I don't think there is such an exception for the federal requirement for handguns.

(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off
duty); or

[kemasa]

So, for the lock he is exempt for the Feds, but for CA it is not so clear:

23630.
...
(b) (1) This division does not apply to the commerce of any
firearm intended to be used by a salaried, full-time peace officer,
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, for purposes of law enforcement.

My reading of this is that he is exempt IF it is a duty weapon, otherwise not.

As for the thumbprint, it seems that there is an exemption for ammunition (I think that got tossed though), but I don't know of one for firearms.

(b) The purchaser shall provide the purchaser's right thumbprint
on the register in a manner prescribed by the department. No
exception to this requirement shall be permitted except by
regulations adopted by the department.

You would have to find any regulations adopted by the department.