Cecily Zamora
California law allows certain members of law enforcement to buy and sell off-roster guns, which are weapons that cannot be legally purchased by the general public. This exemption has caused some controversy, with some opponents questioning whether the state can effectively enforce the provision limiting resales to other law enforcement officers. This discussion highlights the complex dynamics surrounding gun control measures and the challenges of ensuring compliance with federal firearms laws.
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What You'll Learn
California law enforcement can buy non-roster guns
In California, there are certain restrictions on the purchase and use of non-roster handguns, which are also referred to as "unsafe handguns". Criminal penalties may be imposed on individuals who sell, purchase, give, or transfer these firearms. However, there are exemptions for specific groups of public entities and sworn members of law enforcement, allowing them to acquire and use non-roster handguns under certain conditions.
California law enforcement officers are permitted to buy non-roster guns under specific conditions. The law includes exemptions for three groups of public entities, including law enforcement agencies, to purchase non-roster handguns. This exemption also extends to the eligibility of sworn members of these entities to acquire such firearms for personal use, provided they meet certain prerequisites and adhere to resale restrictions.
Group 1, which includes law enforcement agencies like police departments, sheriff's offices, and federal law enforcement agencies, is authorised to purchase non-roster handguns for official duties. Sworn members of these agencies, such as peace officers or federal law enforcement officers, may be permitted to use non-roster handguns as service weapons if they satisfy specific training requirements and maintain their firearms proficiency through periodic live-fire qualifications.
The resale and transfer of non-roster handguns are subject to restrictions. Sworn members of Group 2 entities are permitted to resell or transfer non-roster handguns only to sworn members belonging to Group 1, Group 2, or Group 3 entities. The bill sponsored by Assemblyman Rob Bonta further tightens this aspect of the exemption, limiting the resale of off-roster guns by the newly exempt officers to other law enforcement members exclusively.
It's important to note that the process of verifying the eligibility of buyers and sellers during private-party transfers can be challenging for licensed firearms dealers due to the lack of a comprehensive database or verification mechanism. As a result, some dealers may require signed declarations to ensure compliance with the law and avoid potential legal consequences.
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Criminal penalties for selling, purchasing non-roster guns
In the United States, federal laws and penalties surrounding the sale and purchase of firearms are stringent and vigorously enforced by the federal government. While the focus of this response is on non-roster handguns, it is important to acknowledge that the broader issue of unlicensed firearm sales is a significant concern, with nearly a quarter of American gun owners obtaining their firearms without a background check. This loophole has allowed guns to end up in the wrong hands, with severe consequences for public safety.
Non-roster handguns, also referred to as "unsafe handguns," are those that do not appear on a roster of approved firearms maintained by a state agency. In the State of California, criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun. However, there are exemptions for three groups of public entities, which include law enforcement agencies, military and naval forces, and other government departments. These entities may purchase non-roster handguns for official use, and their sworn members may purchase them for personal use under certain conditions.
The specific penalties for selling, purchasing, or transferring non-roster handguns in California are not explicitly stated, but they likely vary depending on the circumstances and the applicable laws. It is important to refer to the California Penal Code, particularly Section 32000, for detailed information on the penalties.
In the context of federal law, selling firearms without a Federal Firearms License (FFL) is a serious criminal offense. Federal gun charges associated with unlicensed sales carry severe penalties, including substantial fines, imprisonment, and the loss of the right to own firearms. The federal government takes these offenses extremely seriously to prevent firearms from falling into the wrong hands and to ensure traceability and accountability of all transactions.
Additionally, straw purchases, where an individual falsely claims to be the actual buyer of a firearm, are illegal under federal law. Both the straw purchaser and the actual buyer can be prosecuted for making false statements in such cases. False statements made by licensed firearms dealers in connection with firearms transfers are also unlawful in several states. Understanding the legal requirements and ensuring compliance with federal and state laws are crucial for anyone involved in the firearms trade to avoid severe legal repercussions.
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Three groups of public entities can purchase non-roster guns
In California, criminal penalties may be imposed on individuals who sell, purchase, give, or transfer a non-roster handgun. However, there are three groups of public entities that are exempt from these restrictions and can purchase non-roster handguns. These three groups are as follows:
Group 1
This group includes public entities that are authorised to purchase non-roster handguns for use in their official duties. The entities in this group include:
- The Department of Justice.
- A police department.
- A sheriff’s official.
- A marshal’s office.
- The Department of Corrections and Rehabilitation.
- The Department of the California Highway Patrol.
- Any district attorney’s office.
- Any federal law enforcement agency.
- The military or naval forces of California or the United States.
Group 2
Sworn members of Group 2 entities can only resell or transfer non-roster handguns to sworn members of Groups 1, 2, or 3. To purchase a non-roster handgun, members of Group 2 must provide documentation that includes:
- The employee's name.
- The agency name.
- The head of the agency's name, title, and signature.
- A statement confirming that the employee completes a live-fire qualification prescribed by the employing entity at least once every six months.
- A statement confirming that the employee has completed the POST basic course or, before January 1, 2021, satisfactorily completed the firearms portion of a training course prescribed by the POST.
Entities in this group include:
- The California Horse Racing Board.
- The State Department of Health Care Services.
- The State Department of Public Health.
Group 3
Similar to Group 2, sworn members of Group 3 entities must also satisfy specific requirements to purchase, use, and resell non-roster handguns. These entities include:
- The Public Employees’ Retirement System.
- The Department of Housing and Community Development.
- Investigators of the Department of Business Oversight.
- The Law Enforcement Branch of the Office of Emergency Services.
- The California State Lottery.
- The Franchise Tax Board.
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Sworn members of Group 2 entities can resell to Groups 1, 2, 3
In the State of California, there are three groups of public entities that may purchase non-roster handguns. These groups are:
Group 1 (for use in the discharge of their official duties)
- The Department of Justice
- A police department
- A sheriff’s official
- A marshal’s office
- The Department of Corrections and Rehabilitation
- The Department of the California Highway Patrol
- Any district attorney’s office
- Any federal law enforcement agency
- The military or naval forces of this state or of the United States
Group 2
- The Law Enforcement Branch of the Office of Emergency Services
- The California State Lottery
- The Franchise Tax Board
Group 3
It is unclear what constitutes Group 3.
Sworn members of Group 2 entities can resell to Groups 1, 2, and 3. However, there are prerequisites for purchase, eligibility of sworn members of the entities to purchase non-roster handguns for personal use, and restrictions on resale. For example, sworn members of these agencies must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by POST pursuant to California Penal Code section 832. They must also complete a live-fire qualification prescribed by their employing entity at least once every six months.
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Dealers must verify the buyer and seller are law enforcement
In the US, law enforcement officers are exempt from some of the usual requirements when purchasing firearms. For example, they are not required to complete an ATF Form 4473 or undergo a background check when buying a firearm for official use. However, they must provide the dealer with a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the firearm will be used in official duties and that the officer has no convictions for misdemeanour crimes of domestic violence. This certification must be retained in the dealer's files, and the sale must be entered into the dealer's acquisition and disposition record.
In California, there are three groups of public entities that may purchase non-roster handguns, which are considered "unsafe handguns". These groups are:
- For use in the discharge of official duties: The Department of Justice, a police department, a sheriff's official, a marshal's office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney's office, any federal law enforcement agency, or the military or naval forces of California or the US.
- The Law Enforcement Branch of the Office of Emergency Services, the California State Lottery, and the Franchise Tax Board.
- Sworn members of Group 2 entities may only resell or transfer a non-roster handgun to sworn members of Groups 1, 2, or 3.
To purchase a non-roster handgun for personal use, sworn members of these entities must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or, before January 1, 2021, the firearms portion of a training course prescribed by POST pursuant to California Penal Code section 832. They must also complete a live-fire qualification prescribed by their employer at least once every six months to be permitted to use non-roster handguns as service weapons.
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Frequently asked questions
A non-roster handgun is a weapon that is not on the list of handguns that can be legally purchased by the public in California.
Yes, there are three groups of public entities that may purchase non-roster handguns: Group 1 (for use in the discharge of their official duties), Group 2, and Group 3. These groups include police officers, sheriff's deputies, and other law enforcement agencies.
Yes, there are prerequisites for purchase, eligibility requirements for sworn members to purchase non-roster handguns for personal use, and restrictions on resale. For example, in California, sworn members must complete a basic firearms training course and a live-fire qualification every six months to be eligible to purchase a non-roster handgun for personal use.
Yes, but there are restrictions. In California, sworn members of Group 2 entities may only resell or transfer non-roster handguns to sworn members of Groups 1, 2, or 3. Additionally, Assembly Bill 2165 limits the resale of non-roster guns by peace officers to other law enforcement members only.
Criminal penalties may be imposed on individuals who sell, purchase, give, or otherwise transfer a non-roster handgun in violation of the law. For example, former Sacramento County sheriff's deputy Ryan McGowan was sentenced to 18 months in prison and a $7,000 fine for reselling off-roster weapons.
