LEO ROSTER LETTER?

[DEPUTYBILL]

I have heard a rumor that Ca. FFL's are getting letters from DOJ that a sale of a off roster gun to a LEO has to be with a letter from the department authorizing the purchase, and that a LEO that wants to sell an off roster gun has to have a letter from the agency as well? This not about the 10 day waiting period, it is covering the purchase/sale of an off roster gun! FUD?

[cr250chevy]

I hope this is FUD. While many argue LEOs should have the same restrictions as citizens, this would clearly be more "regulation" by the DOJ that they do not the power to do. Things tend to snowball. They pull this off what's next for everyone else?

[Rogue187]

This is FUD..
The only time a letter is needed is if the officer is taking immediately delivery of the firearm..waiving the waiting period..
If the firearm is off roster there is nothing requiring a letter except to waive the waiting period..

The law was amended to allow off roster firearms sales but the resale of the firearm to anyone is restricted to those who are also exempt (another LEO) is the only people who can purchase a off roster firearm from another LEO.. This was to keep the guns out of civilian hands..

[curvejunkie]

I have heard a rumor that Ca. FFL's are getting letters from DOJ that a sale of a off roster gun to a LEO has to be with a letter from the department authorizing the purchase, and that a LEO that wants to sell an off roster gun has to have a letter from the agency as well? This not about the 10 day waiting period, it is covering the purchase/sale of an off roster gun! FUD?

I haven't gotten that letter yet....

[halifax]

No letter that I've seen yet but the following quote is from the new DROS Entry System guide.

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/dros_entry_guide.pdf?

Peace Officer Non-Roster Handgun Sale
Select the Peace Officer Non-Roster Handgun Sale transaction type when the individual purchasing the handgun is a peace officer and has a letter from his/her law enforcement agency giving permission to purchase a non-roster handgun.

[cr250chevy]

This is FUD..
The only time a letter is needed is if the officer is taking immediately delivery of the firearm..waiving the waiting period..
If the firearm is off roster there is nothing requiring a letter except to waive the waiting period..

The law was amended to allow off roster firearms sales but the resale of the firearm to anyone is restricted to those who are also exempt (another LEO) is the only people who can purchase a off roster firearm from another LEO.. This was to keep the guns out of civilian hands..

So an LEO can no longer sell an off roaster gun to a non-Leo?
Can an LEO still transfer the off roaster gun intrafamily?

[oneill45]

When does or did this take effect? I just purchased an off roster gun two weeks ago and I cleared without any problem with my FFL. He does many transfers for LEOs and he has not said a thing about this. The only thing he mentioned to me is that after jan 1st we will have to DROS out any long rifles now

[halifax]

When does or did this take effect? I just purchased an off roster gun two weeks ago and I cleared without any problem with my FFL. He does many transfers for LEOs and he has not said a thing about this. The only thing he mentioned to me is that after jan 1st we will have to DROS out any long rifles now

The new DROS Entry System starts Jan 1. I really have no idea if this change about "letters" is real or just a misunderstanding by the guide's author. No official notice has been posted that I am aware of.

[oneill45]

Im going to have to call him and see what he says. I can see us not being about to private party transfer guns that are not on the roster to non peace officers, but I cant see needing a letter to get off the roster guns this world we live in...

[Rogue187]

So an LEO can no longer sell an off roaster gun to a non-Leo?
Can an LEO still transfer the off roaster gun intrafamily?

As far as I have found out..

If the firearm is not on the roster list and the LEO purchases it by virtue of being an LEO and allowed to purchase off-roster..however this exemption is limited..if the LEO wishes to sell the firearm it must be sold to another LEO..

In order to purchase the firearm the individual must be exempt from the roster requirement. Meaning that it is another LEO..

I have not looked into the intrafamily transfers.

[Ninety]

Im going to have to call him and see what he says. I can see us not being about to private party transfer guns that are not on the roster to non peace officers, but I cant see needing a letter to get off the roster guns this world we live in...

Whats good for thee is no good for me?

Would be great if officers had to get letters from their department to purchase non rostered handguns.

I agree though that it does set a model for DOJ to continue to overstep it's authority.

[Librarian]

As far as I have found out..

If the firearm is not on the roster list and the LEO purchases it by virtue of being an LEO and allowed to purchase off-roster..however this exemption is limited..if the LEO wishes to sell the firearm it must be sold to another LEO..

In order to purchase the firearm the individual must be exempt from the roster requirement. Meaning that it is another LEO..

I have not looked into the intrafamily transfers.

That appears to be the provisions of AB 169 - and it was vetoed, so will not be law.

[Rogue187]

The information was contained within SB 363..

SEC. 1.5.
Section 32000 of the Penal Code is amended to read:

32000.
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, a district attorney’s office, a federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. A person who, under this paragraph, acquires a handgun that is not on the roster required by Section 32015 shall not sell or otherwise transfer ownership of the handgun to a person who is not exempted under this paragraph.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.

Do you know if that one passed..SB 363..I know there was a section regarding purchases and it was amended to allow for FED LEO's to purchase off-roster firearms..Since Kamala Harris urged FFL's to go under the strict enforcement of the AG letter..FED LE is not considered LEO and therefor unable to purchase off-roster.
Librarian...You seem to have a better grasp than I do..

[foxtrotuniformlima]

Yes - SB363 passed and was signed by the Gov.

[Librarian]

Missed 363, thanks. However ...

SEC. 6.
Section 3.5 of this bill incorporates amendments to Section 32000 of the Penal Code proposed by both this bill and Assembly Bill 169. It shall only become operative if
(1) both bills are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 32000 of the Penal Code, and
(3) this bill is enacted after Assembly Bill 169, in which case Section 3 of this bill shall not become operative.

A person who, under this paragraph, acquires a handgun that is not on the roster required by Section 32015, shall not sell or otherwise transfer ownership of the handgun to a person who is not exempted under this paragraph.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.

Section 3.5, which included the 'resale' language under discussion, did NOT go into effect, because AB 169 was vetoed.

It's the clarity of the legislative system I find so beautiful.