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  #1  
Old 05-23-2013, 11:49 AM
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Default SB 396 (mag ban) retired officers?

I wonder if retired officers would be exempt from SB 396 and get to keep and use their hi cap mags if it were signed into law?
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Old 05-23-2013, 3:26 PM
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Yes they will.....The current exemption will continue to apply!!!
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Old 05-23-2013, 3:37 PM
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There is no current exemption, so it can't still apply.
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Old 05-23-2013, 4:01 PM
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Originally Posted by rromeo View Post
There is no current exemption, so it can't still apply.
Sure there is.

Retired LEO's are able to keep ALL high cap magazines obtained while employed as an LEO.

32310.Penal Code
Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2012, Ch. 43, Sec. 107. Effective June 27, 2012.)

32405. Penal Code

Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer’s duties.

(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
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  #5  
Old 05-24-2013, 3:35 AM
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Where do you see an exemption for retired in the PC you posted? A retired LEO has no exemption. He or she is allowed to keep legally owned property, like all others.
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Old 05-24-2013, 10:46 AM
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Quote:
Originally Posted by rromeo View Post
Where do you see an exemption for retired in the PC you posted? A retired LEO has no exemption. He or she is allowed to keep legally owned property, like all others.
And, if they were legally purchased before retirement they (we) are allowed to keep them...ie; if California outlawed your make/model of car do you think you'd have to turn it in or just not be able to buy another on like it? The question posed is, do you think they can leagally seize your rightfully owned property?
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  #7  
Old 05-24-2013, 2:03 PM
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I get the original question. I was in disagreement with one of the answers.
A retired LEO can keep his magazines, but he or she cannot buy more. In effect, he is just like other citizens. A non LEO can keep any legally owned magazine, but cannot buy more. (Yes, we all know it's not illegal to buy, receive, or find them, but if it's illegal to sell then you can't get them)
The text of SB396 does not mention an exemption for retired LEOs. The current PC does not have such an exemption.
The answer to the OP is "currently, no."
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  #8  
Old 05-24-2013, 2:42 PM
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I'm just wondering how they are getting around due process, but I am thinking as a logical person so nevermind.
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  #9  
Old 05-26-2013, 5:59 PM
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I'm glad they can! They've earned it
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  #10  
Old 05-27-2013, 7:14 PM
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P.O. and retired p.o. are exempt because of possible retaliation from some criminals.
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  #11  
Old 05-28-2013, 8:09 AM
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Default High-capacity magazines & retired LEOs

I've read the LOA's write-ups on SB-396 (Hancock, Steinberg, Jackson) and I'm not seeing a carve out exemption for RETIRED peace officers.

...

In the "Today's Law As Amended" and the "Bill Analysis" section, I don't see the specific exemption for RETIRED peace officers.

Am I reading this wrong?
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Last edited by non sequitur; 05-28-2013 at 9:19 AM.. Reason: Dead link
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  #12  
Old 05-28-2013, 9:21 AM
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Quote:
Originally Posted by non sequitur
Am I reading this wrong?
You're looking for an affirmative action to a passive situation
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  #13  
Old 05-29-2013, 9:51 PM
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If a CA. Peace Officer arrests a valid LEOSA card carrier for 32310 wouldn't the "Federal Supremacy Clause" then trump State law.

The arresting officer then could be the subject of a tort action, (as the active or retired officer derived his/her carry authority pursuant to Federal Law)?
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  #14  
Old 05-29-2013, 10:48 PM
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Short answer: no. Retired leo's will be subject to sb396.

Longer answer: SB 396 makes illegal the posession of any magazine with the capacity to accept >10 rounds, whether permanently altered or not. If the mag body has a length greater that 10 rounds it will become illegal to own, for ALL except current duty leos, armored transport, or as movie props.

While posession is not now illegal, it will be after July 14th, 2014 if sb396 passes. The state is "generously" providing four options for getting rid of infringing mags:

(b)*Any person who, prior to July 1, 2014, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means:
(1)*Remove the large-capacity magazine from the state.
(2)*Prior to July 1, 2014, sell the large-capacity magazine to a licensed firearms dealer.
(3)*Destroy the large-capacity magazine.
(4)*Surrender the large-capacity magazine to a law enforcement agency for destruction.

Bill text:
http://leginfo.legislature.ca.gov/fa...201320140SB396
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  #15  
Old 05-30-2013, 6:46 AM
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This type of question has been asked around work before. We have been told flatout "that when you retire, you are NOT allowed to have any hi-cap mags anymore."
Next thing that comes to mind is, "does that mean we can buy from the Law Enforcement Only section of out local gun shop??"
In this bassackwards state, I would say we can't.

C2
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  #16  
Old 05-30-2013, 7:17 AM
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Quote:
Originally Posted by TStewartFan View Post
This type of question has been asked around work before. We have been told flatout "that when you retire, you are NOT allowed to have any hi-cap mags anymore."
Next thing that comes to mind is, "does that mean we can buy from the Law Enforcement Only section of out local gun shop??"
In this bassackwards state, I would say we can't.

C2
That is correct...retired ID does not allow you to make any LE only purchases.
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  #17  
Old 05-30-2013, 7:27 AM
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Quote:
Originally Posted by TStewartFan View Post
This type of question has been asked around work before. We have been told flatout "that when you retire, you are NOT allowed to have any hi-cap mags anymore."
Next thing that comes to mind is, "does that mean we can buy from the Law Enforcement Only section of out local gun shop??"
In this bassackwards state, I would say we can't.

C2
You were told that You cant have any hi-cap mags when You retire?

You mean they ALREADY told You that ?

I thought nothing was signed yet.

Last edited by ap3572001; 05-30-2013 at 8:53 AM..
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  #18  
Old 05-30-2013, 10:03 AM
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Quote:
Originally Posted by qdx450 View Post
P.O. and retired p.o. are exempt because of possible retaliation from some criminals.
Because that never happens to proles like us.
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  #19  
Old 06-04-2013, 2:52 PM
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Quote:
Originally Posted by Sleighter View Post
Short answer: no. Retired leo's will be subject to sb396.

Longer answer: SB 396 makes illegal the posession of any magazine with the capacity to accept >10 rounds, whether permanently altered or not. If the mag body has a length greater that 10 rounds it will become illegal to own, for ALL except current duty leos, armored transport, or as movie props.

While posession is not now illegal, it will be after July 14th, 2014 if sb396 passes. The state is "generously" providing four options for getting rid of infringing mags:

(b)*Any person who, prior to July 1, 2014, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means:
(1)*Remove the large-capacity magazine from the state.
(2)*Prior to July 1, 2014, sell the large-capacity magazine to a licensed firearms dealer.
(3)*Destroy the large-capacity magazine.
(4)*Surrender the large-capacity magazine to a law enforcement agency for destruction.

Bill text:
http://leginfo.legislature.ca.gov/fa...201320140SB396
I concur with your analysis.
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  #20  
Old 06-04-2013, 3:22 PM
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One way to maintain LEO exemptions is to retire, but join the reserve program from your agency.

You're still around, but only supporting the agency with minor things. The risk of being involved in an arrest situation is low.

Just an option.
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  #21  
Old 06-04-2013, 8:16 PM
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Quote:
Originally Posted by Sleighter View Post
Short answer: no. Retired leo's will be subject to sb396.

Longer answer: SB 396 makes illegal the posession of any magazine with the capacity to accept >10 rounds, whether permanently altered or not. If the mag body has a length greater that 10 rounds it will become illegal to own, for ALL except current duty leos, armored transport, or as movie props.

While posession is not now illegal, it will be after July 14th, 2014 if sb396 passes. The state is "generously" providing four options for getting rid of infringing mags:

(b)*Any person who, prior to July 1, 2014, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means:
(1)*Remove the large-capacity magazine from the state.
(2)*Prior to July 1, 2014, sell the large-capacity magazine to a licensed firearms dealer.
(3)*Destroy the large-capacity magazine.
(4)*Surrender the large-capacity magazine to a law enforcement agency for destruction.

Bill text:
http://leginfo.legislature.ca.gov/fa...201320140SB396
Here's a stupid question.

How could someone(L/E) on the street determine that the hi-cap mag is designated as a Movie Prop? Are they marked? Studio employees don't need to carry some sort of magazine license, do they?
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  #22  
Old 06-08-2013, 5:20 PM
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If this law passes, then we should ALL sledgehammer 1 crappy hi cap mag and send it to gov brown for disposal.
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Old 06-18-2013, 8:37 AM
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Seems like SB396 would be considered an "unlawful taking" under the 5th A. They are not paying "just compensation" after a lawful eminent domain process, and they are regulating personal property to the extent it's useless if removed from the state - inverse condemnation.
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Old 07-09-2013, 12:14 AM
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Retired LEOs are not exempt from the hi cap mags ban. We tried to lobby for an amendment to add retirees but failed. The reason is that they cannot discriminate against a group of people (14th amendment). Active LEO are exempt since they need it for duty.

Sorry for the late reply, had to wait for lawyers to fight it.
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Old 07-27-2013, 10:43 PM
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Fed LEOs are NOT peace officers in Kalif, so in theory they are not exempt at any time, and would have to turn in any hi caps not owned by the agency.
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Old 07-29-2013, 10:43 AM
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Quote:
Originally Posted by anbu_yoshi View Post
One way to maintain LEO exemptions is to retire, but join the reserve program from your agency. You're still around, but only supporting the agency with minor things. The risk of being involved in an arrest situation is low. Just an option.

FWIW, our reserves work the streets and make arrests just like the rest of us. The State of CA lets each Department make their own decision about this - and some Dept bosses can get pretty emotional about it.

That said, the real issue should be why are those legislators still in office?? They should have faced consequences long ago.
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Old 07-29-2013, 8:23 PM
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Quote:
Originally Posted by vgourdik View Post
I'm glad they can! They've earned it


Don't you see an issue with two sets of laws? One set of laws for "the in group" and one set of laws for "regular peons."


To say "they've earned it" immediately implies others have not earned it.


Have you ever used or benefitted from electricity or energy?

Did your wife give birth in a well lit hospital with equipment powered by electricity?

Do you live in a house that benefits from air conditioning in the summer and a furnace/heater in the winter?

Do you enjoy the benefits of hot water?




Have electrical engineers "earned it" when it comes to being allowed to exercise their rights and keep their property?


I often see various bumper stickers, "if you can read this thank a teacher" but I've yet to see one along the lines of "if you use electricity, thank an engineer" or "if you are driving thank an engineer."



Citizens who value the Constitution should always oppose any exemptions. If police unions believe their people will be exempt, they will not hesitate to throw their support behind laws that trample on the rights of common citizens. All exemptions should be vehemently opposed, it will help force police unions and police officials to come out against such legislation before it passes.
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Old 07-30-2013, 9:42 AM
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Quote:
Originally Posted by yzernie View Post
The question posed is, do you think they can leagally seize your rightfully owned property?
They can if it is a codified "nuisance".
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  #29  
Old 07-30-2013, 10:30 AM
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Quote:
Originally Posted by tahoetarga View Post
That is correct...retired ID does not allow you to make any LE only purchases.
However, depending on the business, some of the LE only shops will still do business with retired LEO's and provide what is usually great pricing for on-roster and "compliant" items.
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