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  #1  
Old 07-29-2009, 9:18 PM
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Default "Hi-cap" magazines

Are LEOs allowed to purchase 10+ round magazines for personally owned handguns and long guns (not for duty use)?

If so, does the LEO have to give up the mags if they retire or change careers?
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  #2  
Old 07-29-2009, 10:35 PM
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Yes LEO's can purchase +10 round mags of any sort. As long as they are for their personal use.

I would say most if not all Calif. Agencies supply firearms and associated equipment (mags) for duty use. If the department allows you to carry a different firearm on duty that's usually on the individual LEO to purchase and maintain.

Off duty it's up to the LEO to buy and maintain his own firearm. This includes mags.

No, they do not have to give up personally purchased +10 round mags upon separation.

That is as, long as there is not some departmental rule prohibiting it.
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  #3  
Old 07-30-2009, 6:23 AM
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Question: "Are LEOs allowed to purchase 10+ round magazines for personally owned handguns and long guns (not for duty use)?"

Answer: Yes.

Question: "If so, does the LEO have to give up the mags if they retire or change careers?"

Answer: No.
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  #4  
Old 07-30-2009, 8:11 AM
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But the relevant question I think which was roundaboutly being asked) No they can't then stick them into their OLL evil feature builds.
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  #5  
Old 07-30-2009, 10:11 AM
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Quote:
Originally Posted by djandj View Post
But the relevant question I think which was roundaboutly being asked) No they can't then stick them into their OLL evil feature builds.
Ad a bullet button and sure you can.
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  #6  
Old 07-30-2009, 10:41 AM
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Quote:
Originally Posted by Unit74 View Post
Ad a bullet button and sure you can.
No...Only 10 round max mags in a bullet button build. It doesn't matter if you are an LEO or not.
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  #7  
Old 07-30-2009, 11:06 AM
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You can if you have a OLL featureless build.
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  #8  
Old 07-30-2009, 11:29 AM
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Quote:
Originally Posted by paladin4415 View Post
No...Only 10 round max mags in a bullet button build. It doesn't matter if you are an LEO or not.
Your right...

just went and refreshed my memory on the flow chart.



You know what the funny thing is though? I have a Colt AR I carry at work, take to the range, desert and forrest. It is an AW given to me by work.

But if I own my own, I am somehow less responsible and cannot have it configured in the same fashion as the AR next to it in the safe.

I think I'll go "qualify " with it as an off duty gun and thus, per my understanding of the law, fall under the duty exemption for AW's in LE.
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  #9  
Old 07-30-2009, 12:11 PM
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Quote:
Originally Posted by djandj View Post
But the relevant question I think which was roundaboutly being asked) No they can't then stick them into their OLL evil feature builds.
OLL = NO Hi caps. Only 10rd Mags
Featureless = YES High Caps.
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  #10  
Old 07-30-2009, 12:29 PM
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I have a featureless AK type OLL that I bought from Ammo Bros. last year at the gun show. I use my 30 round mags and 75 round drum that I bought at the Pomona Gun Show back in the early 1990s while I was in le. Perfectly legal (and fun!) (and expensive).
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  #11  
Old 07-30-2009, 2:14 PM
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Guys. You got my gears turning.... If I am not reading this correctly, please let me know.

According to the following PC, any LEO on or off duty can possess an AW (configured AR). Since my department issues me an AR to do as I please with, ie, take to the range, desert, ect...., could I not possess any AW configured AR as a training weapon since it's not prohibited by my department or any PC I have found so far?

Quote:
12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more
than two firearms as provided in subdivisions (b) and (c), for
purposes of this section, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this section, there shall be a
distinct and separate offense for each.
(b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison. However, a first violation of
these provisions is punishable by a fine not exceeding five hundred
dollars ($500) if the person was found in possession of no more than
two firearms in compliance with subdivision (c) of Section 12285 and
the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276, 12276.1, or 12276.5.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to subdivision (a) of Section 12285.
(4) The person relinquished the firearm pursuant to Section 12288,
in which case the assault weapon shall be destroyed pursuant to
Section 12028.
(c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment. However, a first violation of these provisions is
punishable by a fine not exceeding five hundred dollars ($500) if the
person was found in possession of no more than two firearms in
compliance with subdivision (a) of Section 12285 and the person meets
the conditions set forth in paragraphs (1), (2), and (3):
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to subdivision (a) of Section 12285.
(4) Firearms seized pursuant to this subdivision from persons who
meet all of the conditions set forth in paragraphs (1), (2), and (3)
shall be returned unless the court finds in the interest of public
safety, after notice and hearing, that the .50 BMG rifle should be
destroyed pursuant to Section 12028. Firearms seized from persons who
do not meet the conditions set forth in paragraphs (1), (2), and (3)
shall be destroyed pursuant to Section 12028.
(d) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(e) Subdivisions (a), (b), and (c) shall not apply to the sale to,
purchase by, importation of, or possession of assault weapons or a .
50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, Department of Fish and Game, Department
of Parks and Recreation, or the military or naval forces of this
state or of the United States, or any federal law enforcement agency
for use in the discharge of their official duties.
(f) (1) Subdivisions (b) and (c) shall not prohibit the possession
or use of assault weapons or a .50 BMG rifle by sworn peace officer
members of those agencies specified in subdivision (e) for law
enforcement purposes, whether on or off duty.

Last edited by Unit74; 07-30-2009 at 2:17 PM..
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  #12  
Old 07-30-2009, 2:36 PM
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No we can't...unless we have the letterhead to support possession and AW registration.
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  #13  
Old 07-30-2009, 4:44 PM
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Quote:
Originally Posted by yzernie View Post
No we can't...unless we have the letterhead to support possession and AW registration.
Do you have a specific PC to reference?
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  #14  
Old 07-30-2009, 6:10 PM
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I'll have to look for it but I don't have a PC here at the house.
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Old 07-30-2009, 7:09 PM
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12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.
.................................................. .......
(2) Subdivisions (a), (b), and (c) shall not prohibit the delivery, transfer, or sale of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of an agency specified in subdivision (e), provided that the peace officer is authorized by his or her employer to possess or receive the assault weapon or the .50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing him or her to receive or possess the specific assault weapon. For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 on or before April 1, 2002; in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 not later than 90 days after possession or receipt. In the case of a peace officer who possesses or receives a .50 BMG rifle on or before January 1, 2005, the officer shall register the .50 BMG rifle on or before April 30, 2006. In the case of a peace officer who possesses or receives a .50 BMG rifle after January 1, 2005, the officer shall register the .50 BMG rifle not later than one year after possession or receipt. The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph.
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  #16  
Old 07-31-2009, 12:32 AM
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Cool.... Thank you.


If I understand this correctly, I should have a letter for a department issued AR as well correct?
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Old 07-31-2009, 1:46 AM
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man CA weapon laws are such BS it is rediculous.

and it's also ridiculous that my department does not issue letters for officers to purchase their own AR's. Not even our SWAT and CIRT team members can get their own. All must use department issued.

Last edited by erik18; 07-31-2009 at 1:49 AM..
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  #18  
Old 07-31-2009, 2:17 AM
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Quote:
Originally Posted by erik18 View Post
man CA weapon laws are such BS it is rediculous.

and it's also ridiculous that my department does not issue letters for officers to purchase their own AR's. Not even our SWAT and CIRT team members can get their own. All must use department issued.
Did they get letters to keep in there possession or do you turn in to the armory after shift?
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Old 07-31-2009, 7:08 AM
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I don't think our guys have to keep any documentation for he dept gun because they are owned by the county and they are 'borrowing' them.
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I don't feel a thing when some cop gets ghosted.
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Old 07-31-2009, 8:20 AM
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Ya, if they are dept. owned you do not need a letter. If you want to own it personally in your name then you need the letter. Stupid how they let us have them at work but 2 seconds after my shift ends it a felony to have my own..........
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Old 07-31-2009, 3:54 PM
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Quote:
Originally Posted by Unit74 View Post
Did they get letters to keep in there possession or do you turn in to the armory after shift?

Nope. They are take home rifles.


These law really are way too ambiguous and don't make any sense.
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Old 07-31-2009, 5:10 PM
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Quote:
Originally Posted by erik18 View Post
Nope. They are take home rifles.


These law really are way too ambiguous and don't make any sense.
I agree...


I have access to a full swat armory with pretty much anything you need to start a war. But I am somehow irresponsible when I go home. Strange indeed.
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Old 08-03-2009, 8:52 AM
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Quote:
Originally Posted by erik18 View Post
man CA weapon laws are such BS it is rediculous.

and it's also ridiculous that my department does not issue letters for officers to purchase their own AR's. Not even our SWAT and CIRT team members can get their own. All must use department issued.
Neither does ours. But this will change come 2010
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Old 08-03-2009, 10:55 AM
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Yeah, there are rumors going around that our dept. is going to start issuing letters too but I find it hard to believe that they are going to let any swingin' d*ck deputy (jail deputies included) go out and buy an AR.

Don't get me wrong, I am all for it. I believe the more LEO's with access to long guns during a riot or SHTF situation would be a lot more effective than just having our handguns.
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  #25  
Old 08-03-2009, 2:46 PM
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Well, since OCSD is choppin bodies from the payroll, if they can get the Deps to buy their own equip, I don't see why they wouldn't let them do it....

Purely fiscal aspect of it makes sense for the county.
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