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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 07-05-2013, 9:52 AM
da crab da crab is offline
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Default Can LEO's have an AK pistol with hi-cap mags?

What are the regs, since LEO's can have hicap mags in their regular pistol, does that mean they can have hi-cap mags in an AK or AR pistol? If so, is a bullet button needed?
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Old 07-05-2013, 9:58 AM
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Active LE can legally own, purchase and use full capacity magaines in any handgun, including AK or AR pistols. (Keep in mind that California LE are exempt from the roster issues.) As far as AR and AK rifles go, the same rules apply to LE as to the general population, unless they are approved by their Chief, and then they can buy and legally own an AR or AK (for duty use) wihout a bullet button, with a letter sigend by their Chief.

Now having said that, I cannot believe any California Chief of Police would approve the purchase of an AK for duty use.

Last edited by 003; 07-05-2013 at 10:24 AM..
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  #3  
Old 07-05-2013, 10:13 AM
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Unlike most private persons, LEO's may lawfully purchase large-capacity magazines. Just like any other private person, they may lawfully possess large-capacity magazines. One caveat, those magazines may be considered as legal "nuisances" and be subject to confiscation, even though lawfully possessed. We've covered this in other threads.

There is no "Blanket" exemption for LEOs, under California law, from the provisions of the assault weapons law. One provision of the law does allow LEOs to purchase assault weapons, with departmental authorization, and to register them as AW's with the state. Private persons are no longer able to register the AW's. It would be a violation of California law for a LEO to use a large-capacity magazine in an unregistered AW. This includes a BB'd weapon that would not be an AW if used with a 10 round or less magazine.

It is an untested area of law, in California, whether LEOSA would permit a LEO, or retired LEO, from possessing an unregistered AW or from using large-capacity magazines as above. There was a case from Illinois, where the AW law is very similar to California's, that held LEOSA trumped the state law prohibition on possession of an AW. It's an interesting decision, but not authoritative in California.
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Old 07-05-2013, 3:40 PM
da crab da crab is offline
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So a LEO can have an AR or AK pistol with hi cap mags, is a bullet button required?
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Old 07-05-2013, 3:56 PM
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Quote:
Originally Posted by da crab View Post
So a LEO can have an AR or AK pistol with hi cap mags, is a bullet button required?
BB is required and they cannot use hi-cap mags in either of those style pistols period. Only way to be able to get around the BB and mag restrictions is to get a letter from the Captain which most departments stopped doing in the last 4 years or so.
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Old 07-05-2013, 4:15 PM
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please delete

Last edited by 003; 07-05-2013 at 4:20 PM..
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Old 07-05-2013, 4:25 PM
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Quote:
Originally Posted by Gio View Post
BB is required and they cannot use hi-cap mags in either of those style pistols period. Only way to be able to get around the BB and mag restrictions is to get a letter from the Captain which most departments stopped doing in the last 4 years or so.


OP: Unless it's a department letter blessed Assault Weapon, both a bullet bullet AND 10 round or less magazines are required. Although you can legally acquire large-capacity AK magazines, you cannot use them in your AK pistol due to a separate law in CA against large-capacity magazines in fixed magazine rifles and handguns. (No LE Exemption there)
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Old 07-05-2013, 4:46 PM
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Quote:
Originally Posted by da crab View Post
So a LEO can have an AR or AK pistol with hi cap mags, is a bullet button required?
Da Crab,

We covered this in Post #3:
"It would be a violation of California law for a LEO to use a large-capacity magazine in an unregistered AW. This includes a BB'd weapon that would not be an AW if used with a 10 round or less magazine."
If the LEO registered the AR or AK as an assault weapon (this requiring his/her agency's approval), then the large capacity magazine may be used without a BB.

If the LEO has an AR or AK pistol that is not registered as an AW, then the large capacity magazine cannot be used at all, and a BB is required.
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