LEO gun letter question

[ls2monaro]

I have a question for any ffl's used to handling leo gun purchase. Buddy of mine went to purchase a basic Remington 870 for work. He got the gun letter signed by our admin and took it to ammo bros to pick up the gun. They said they wouldn't release it to him because they needed a dv clearance?

He nor I have ever experienced this and we have both purchased plenty of handguns, shotguns, and raws from various ffls in the area. So my question is there a new policy or procedure for Leo letterhead purchases or are they mistaken?

[DEPUTYBILL]

I have seen FFL's that require the letter to state that the officer/deputy is not a prohibited person, and has no DV convictions. I am not sure if the FFL is following something he got from DOJ, or is just being more cautious than needed.

[DEPUTYBILL]

I think the only DOJ requirement is that the letter state the buyer is a peace officer, and it is going to be used in the course and scope of employment.

[ls2monaro]

That language is exactly what our letterhead says and we are a very large department whose deputies buy hundreds of guns a year via letterhead and this is the first I heard if a problem walking out with the gun.

I am just trying to verify if this is a new doj shenanigan or a ffl / ffl's employee with a mild case of hua.

[code33]

Here's the sample letter from LC Action:

http://www.lcaction.com/ikorb.php?func=catalog&category_id=552&product_id=1663

A friend of mine tried to used a letter without the DV part and LC Action would not release it. They said it had to be on there. That was about a year ago.

[OCArmory]

The letter has to specifically say that the officer has been checked for and does not have any DV convictions. I know LA has at least one agency whose letter is missing this statement.

[RickD427]

The letter has to specifically say that the officer has been checked for and does not have any DV convictions. I know LA has at least one agency whose letter is missing this statement.

Sir,

Do you have a citation for this requirement?

Before my retirement, I processed several letters, in accordance with the requirements of statute, and never saw a requirement for that language.

Here's the text of the applicable law (Penal Code section 26950):

"26950. (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of firearms made to any
person who satisfies both of the following requirements:
(1) The person is properly identified as a full-time paid peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2.
(2) The officer's employer has authorized the officer to carry
firearms while in the performance of duties.
(b) (1) Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of duties, and authorizing the purchase or transfer.
(2) The certification shall be delivered to the dealer at the time
of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification.
(3) The dealer shall keep the certification with the record of
sale.
(4) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165."

There's nothing in there requiring any commentary about DV status.

[ls2monaro]

That's the exact code I looked at and came to the same conclusion. It must be some doj policy that is not enforced by most ffls I have dealt with. Proforce probably sells more guns via letterhead than all the other local ffls combined and they do not require the dv portion. Thank you to the people that responded for helping me understand the inconsistency.

[OCArmory]

It has to comply with Brady. You have to remember that if you are taking possession of the firearm in CA with out a wait we have no way of performing a background check to verify that you have no convictions for domestic violence.

ransfers of firearms to law enforcement officials for their official use are exempt from the provisions of the Brady law when the transaction complies with the conditions set forth in the regulations at 27 CFR 478.134. In general, the purchaser must provide a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties, and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence. If these conditions are met, the purchasing officer is not required to complete a Form 4473 or undergo a NICS check. However, the licensee must record the transaction in his or her permanent records and retain a copy of the certification letter.

[27 CFR 478.134]
Remember there are Federal regs as well as state

[RickD427]

It has to comply with Brady. You have to remember that if you are taking possession of the firearm in CA with out a wait we have no way of performing a background check to verify that you have no convictions for domestic violence.

ransfers of firearms to law enforcement officials for their official use are exempt from the provisions of the Brady law when the transaction complies with the conditions set forth in the regulations at 27 CFR 478.134. In general, the purchaser must provide a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties, and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence. If these conditions are met, the purchasing officer is not required to complete a Form 4473 or undergo a NICS check. However, the licensee must record the transaction in his or her permanent records and retain a copy of the certification letter.

[27 CFR 478.134]
Remember there are Federal regs as well as state

Thanks for providing the citation. You've made an excellent point about the federal law. I think I can see the issue now. The CFR section does require the agency letter, with the DV language included, in order to conduct an interstate sale of a firearm to a LEO or to sell the firearm to a LEO without the completion of a Form 4473.

I don't see any language in the 27 CFR 478.134 that requires the DV language for an intra-state sale where a Form 4473 is completed. I'm not an expert on California's 4473 requirements, but I've never been able to purchase a weapon without completing a Form 4473, even though the federal regulations appear to permit this.

For OC Armory - You're an FFL holder - How would process a firearm sale to a LEO without doing a Form 4473?

It appears that someone is reading more content into 27 CFR 478.134 than is really there, or am I missing something.

Here the text of the CFR:

[OCArmory]

If the agencies letter does not have the DV language I just have them fill out a 4473. Solves the Brady problem. Usually I have everyone fill out a 4473 anyway because several agencies do not put the DV language in their letters and trying to explain the differences to my dad is not a battle I am ready for. In conclusion here is how I work it.

LEO with letter and no DV statement requires 4473
LEO with letter and DV statement no 4473 required (usually have them fill one out of habit anyway.)

[RickD427]

If the agencies letter does not have the DV language I just have them fill out a 4473. Solves the Brady problem. Usually I have everyone fill out a 4473 anyway because several agencies do not put the DV language in their letters and trying to explain the differences to my dad is not a battle I am ready for. In conclusion here is how I work it.

LEO with letter and no DV statement requires 4473
LEO with letter and DV statement no 4473 required (usually have them fill one out of habit anyway.)

OCArmory,

That makes perfect sense..................

Thank you very much for the explanation.