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Second form of address & exemption question

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  • #31
    kilrain
    Member
    • Mar 2007
    • 271

    Originally posted by ugimports
    I was using sworn in the context of the thread. I think when I've asked I'm asking if they are an actual LEO with arresting authority vs. an administrative worker in the office. So far that has been good enough. I've asked the same of Feds and homeland guys as well. Generally speaking I ask if their LEO ID allows them to carry on and off duty and concealed. If the answer is Yes, I expect that they are exempt. I have assumed those benefits are only given to peace officers as it pertains to the laws in question.
    Even the "carry a firearm" thing is irrelevant if you read the section. This is what the exemption section says:

    31700 PC
    (a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:

    (1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

    That's it. Nothing about being able to carry firearms, whether on or off duty or at all. And there are agencies in California that employ uniformed and plain clothes peace officers that do not carry firearms on or off duty.

    The California FSC manual dated this month says:

    Peace Officer - California - Active
    Exemption Code: X31; Authorized by Penal Code section 31700, subdivision (a)(1)
    Any California peace officer who is authorized to carry a firearm while on duty.

    which obviously doesn't match the actual law it references.

    To further confuse the matter, 31700 PC has this exemption also:

    (4) Any person who has successfully completed the course of training specified in Section 832.

    Any person who has passed a CA POST Basic Academy has this training, even if they are not and/or never have been employed as a peace officer or if they are employed as a peace officer but are not authorized to carry firearms. So it appears somebody can walk in with an academy certificate and be exempt, or simply complete an 832 PC class, which they used to offer as a stand alone module, and present that certificate. In looking at 832 PC, it says:

    (a) Every person described in this chapter as a peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms.

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    • #32
      acespawnshop
      CGN/CGSSA Contributor
      CGN Contributor
      • Jun 2012
      • 2852

      Originally posted by ugimports
      Yeah we basically copy the ID card.
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      • #33
        Condorguns
        Still lost in the desert
        CGN Contributor - Lifetime
        • Dec 2007
        • 3302

        All of the Federal ID's I have seen that you are not to photo copy have it written in bold on the card not to photo copy it. Kind of a good hint.
        You, you, and you: Panic. The rest of you, come with me.
        Incoming fire has the right of way.

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        • #34
          acespawnshop
          CGN/CGSSA Contributor
          CGN Contributor
          • Jun 2012
          • 2852

          Originally posted by Condorguns
          All of the Federal ID's I have seen that you are not to photo copy have it written in bold on the card not to photo copy it. Kind of a good hint.
          Wait! Were supposed to read what on somebody's ID??!!
          Interstate Transfers $100 (DROS included with the price)
          Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
          Or call 626-968-5900

          Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!

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