Gavin Howe
California has a list of handguns that can be legally purchased by the public. However, there is an exemption in the law that allows some members of law enforcement to buy off-roster guns. While the law permits peace officers to purchase certain firearms known as off-roster firearms, there are specific conditions and restrictions governing their sale, purchase, and resale. The recent discovery of unlicensed firearms dealings by some law enforcement officers has brought attention to the complexities and challenges associated with the implementation of this law.
| Characteristics | Values |
|---|---|
| State | California |
| Roster of handguns | California maintains a list of handguns that can be legally purchased by the public |
| Off-roster guns | Guns not on the approved roster of firearms that may be sold to the public |
| Off-roster gun exemption | Peace officers, police officers, and sheriff's deputies can buy off-roster guns |
| Sale of off-roster guns | Peace officers who own off-roster firearms may sell them in a private sale as long as it is brokered by a Federal firearms licensee |
| Limitations | Officers are limited to reselling off-roster guns to other law enforcement members only |
| Criminal penalties | Criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun |
| Exemption | Three groups of public entities may purchase non-roster handguns |
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What You'll Learn
- California law allows law enforcement to buy and sell off-roster guns
- Law enforcement must sell off-roster guns through a Federal Firearms Licensee
- Law enforcement must not sell off-roster guns to non-law enforcement entities
- Licensed firearms dealers must verify the buyer and seller are both in law enforcement
- Law enforcement officers must complete firearms training to be eligible to buy off-roster guns
California law allows law enforcement to buy and sell off-roster guns
California has an approved roster of firearms that may be sold to the public. A Federal firearms licensee is required to ensure any firearm sold is on the approved roster. However, there is an exemption for peace officers to purchase certain firearms known as "off-roster" firearms.
There are three groups of public entities that may purchase non-roster handguns. The prerequisites for purchase, the eligibility of sworn members of the entities to purchase non-roster handguns for personal use, and the restrictions on resale vary. For example, sworn members of Group 2 entities may only resell or transfer a non-roster handgun to sworn members of Groups 1, 2, or 3. These groups include the Department of Justice, police departments, sheriff's offices, marshal's offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, district attorney's offices, federal law enforcement agencies, and the military or naval forces of the state or the United States.
Sworn members of these agencies who have completed the Peace Officer Standards Training (POST) basic course or the firearms portion of a training course prescribed by POST pursuant to California Penal Code Section 832 may use non-roster handguns as service weapons. They must also complete a live-fire qualification prescribed by their employing entity at least once every six months.
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Law enforcement must sell off-roster guns through a Federal Firearms Licensee
California has a list of handguns that its residents can legally buy. However, there is an exemption in the law that allows some members of law enforcement to buy "off-roster" guns. These are firearms that are not on the approved roster of firearms that may be sold to the public. While law enforcement officers can buy off-roster guns, they can only sell them under certain conditions.
Firstly, they must sell them through a Federal Firearms Licensee. This is because there is no database or mechanism for dealers to verify whether a buyer is a member of law enforcement. The onus is on the licensed firearms dealers to broker any sale through a private-party transfer and confirm that the buyer and seller are both in law enforcement and can make the sale.
Secondly, officers can only sell off-roster guns to other law enforcement members. They may not sell them to non-law enforcement entities for a profit. This is considered unlicensed firearms dealing and is a violation of federal law. Officers selling multiple weapons without a license was one of the concerns the ATF identified.
Thirdly, officers may only sell off-roster guns in a private sale. They may not use these sales to conduct a business whose principal objective is livelihood and profit through the repetitive purchase and resale of firearms.
Finally, sworn members of Group 2 entities may only resell or transfer a non-roster handgun to sworn members of Group 1, Group 2, or Group 3 entities. These sworn members must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or, before January 1, 2021, have completed the firearms portion of a training course prescribed by POST pursuant to California Penal Code section 832.
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Law enforcement must not sell off-roster guns to non-law enforcement entities
California has a list of handguns that its residents can legally purchase. However, there is an exemption in the law that allows some members of law enforcement, such as police officers and sheriff's deputies, to buy "off-roster" guns. While the law permits law enforcement officers to sell off-roster guns, there are strict conditions attached to such sales.
The sale of off-roster guns by law enforcement officers to non-law enforcement entities is a growing concern. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has discovered instances of law enforcement officers engaging in the business of purchasing off-roster firearms and selling them to non-law enforcement entities for a profit. This practice is unlicensed firearms dealing and is illegal.
To address this issue, the ATF has requested that its personnel become educated about the matter to prevent the unlawful sale of firearms by law enforcement officials. Additionally, the law places the responsibility on licensed firearms dealers to verify that both the buyer and seller are in law enforcement and that the sale is permitted. However, there is no database or mechanism available for dealers to make this verification, making it challenging to ensure compliance with the law.
To summarize, while law enforcement officers in California are permitted to buy and sell off-roster guns under specific conditions, they must not sell these firearms to non-law enforcement entities. The sale of off-roster guns to non-law enforcement entities is unlicensed firearms dealing and is prohibited by state and federal laws. The ATF is working to educate its personnel and licensed firearms dealers to prevent such unlawful transactions from occurring.
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Licensed firearms dealers must verify the buyer and seller are both in law enforcement
California has a list of handguns that its residents can legally buy. However, there is an exemption in the law that allows some members of law enforcement to buy "off-roster" guns. These are firearms that are not on the list of handguns that can be legally purchased by the public.
Licensed firearms dealers are responsible for brokering any sale through a private-party transfer. This includes verifying that the buyer and seller are both in law enforcement and that the sale can be made. However, there is no database or other method for dealers to verify this information. As a result, some dealers have resorted to obtaining signed declarations promising that no laws are being broken from anyone who wants to transfer an off-roster gun.
In California, sworn members of certain agencies are permitted to purchase non-roster handguns for personal use and may generally sell or transfer the non-roster handgun to any firearm-eligible purchaser at a licensed firearm dealer. These agencies include the Department of Parks and Recreation, the Department of Alcoholic Beverage Control, the Division of Investigation of the Department of Consumer Affairs, the Department of Motor Vehicles, the Fraud Division of the Department of Insurance, the State Department of State Hospitals, the Department of Fish and Wildlife, the State Department of Developmental Services, the Department of Forestry and Fire Protection, a county probation department, and the Los Angeles World Airports.
However, 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. As a condition of carrying that handgun, they must also complete a live-fire qualification prescribed by their employing entity at least once every six months.
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Law enforcement officers must complete firearms training to be eligible to buy off-roster guns
In California, there is an approved roster of firearms that may be sold to the public. However, there is an exemption in place that allows peace officers, including police officers and sheriff's deputies, to purchase "off-roster" firearms. These officers may also sell their off-roster firearms in a private sale, as long as it is brokered by a Federal firearms licensee.
To be eligible to purchase off-roster firearms, peace officers must complete firearms training. Specifically, they must pass a three-day basic firearms training course, as outlined in California Penal Code section 832. This training course is a prerequisite for officers to be permitted to use non-roster handguns as service weapons.
The firearms training course covers various topics to ensure that peace officers are proficient in the safe and effective use of firearms. It includes both classroom instruction and practical exercises, such as live-fire drills and simulations. Officers are taught about different types of firearms, ammunition, and shooting techniques. They also learn about firearm safety rules, legal guidelines for the use of deadly force, and the psychological and physiological effects of firing a weapon.
Completing the firearms training course is a critical step for peace officers seeking to purchase off-roster firearms. It equips them with the knowledge and skills necessary to responsibly handle and utilize these weapons. By undergoing this comprehensive training, officers can ensure they meet the eligibility requirements to acquire and carry off-roster firearms in the state of California.
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Frequently asked questions
Yes, law enforcement officers in California are allowed to buy and sell off-roster guns. Off-roster guns are those that are not on the approved list of firearms that can be sold to the public.
Law enforcement officers can sell off-roster guns to other law enforcement members or to civilians, as long as they are not doing so for profit.
If law enforcement officers are selling multiple off-roster guns for profit, they need a Federal Firearms License.
