Kara Sears
California has a list of handguns that its residents can legally buy. However, a law in the state allows sworn peace officers, including police officers and sheriff's deputies, to purchase off-roster guns. This exemption has been a source of controversy, with opponents arguing that it expands the number of people with access to firearms and raises concerns about the potential for illegal sales. While retired state peace officers enjoy special privileges, it is unclear if they are exempt from the roster restrictions. Some sources suggest that only active-duty law enforcement officers can purchase off-roster weapons, while others indicate that retired officers may still have access to these guns.
Can retired law enforcement buy off-roster guns?
| Characteristics | Values |
|---|---|
| Active-duty law enforcement | Allowed to buy off-roster guns |
| Retired law enforcement | Not allowed to buy off-roster guns |
| Active-duty military | Allowed to buy off-roster guns |
| Retired military | Not allowed to buy off-roster guns |
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What You'll Learn
California law allows cops to buy off-roster guns
California has a list of handguns that can be legally purchased by the public. However, the law that establishes this list includes an exemption that allows some members of law enforcement to buy "off-roster" guns. This exemption was expanded in 2017 by Governor Jerry Brown, who signed an Assembly bill that widened the number of peace officers eligible to purchase weapons unavailable to the general public. The bill, AB2165, specified that sworn peace officers in 19 different agencies were covered under the exemption if they passed a three-day basic firearms training course.
The three groups of public entities that may purchase non-roster handguns include Group 1 agencies (for use in the discharge of their official duties), Group 2 agencies, and Group 3 agencies. Group 1 agencies comprise the Department of Justice, police departments, sheriff's officials, marshal's offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, district attorney's offices, and any federal law enforcement agency. The eligibility of sworn members of these entities to purchase non-roster handguns for personal use varies, and restrictions on resale exist. 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.
While the law allows active law enforcement officers to buy off-roster guns, it is unclear if retired officers can do the same. Some sources suggest that retired law enforcement officers are not exempt from the law and cannot purchase off-roster handguns. However, others indicate that retired state peace officers have many special privileges. The California Penal Code and relevant state agencies' websites do not explicitly address whether retired officers are exempt, focusing instead on the requirements for sworn members of the entities listed above.
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Only active-duty law enforcement can buy off-roster guns
In California, there is a list of handguns that residents can legally buy. However, there is a law that allows some members of law enforcement, such as police officers and sheriff's deputies, to buy "off-roster" guns. This means that they can purchase weapons that are not on the list of handguns that can be legally purchased by the general public. This exemption has been expanded to include more members of law enforcement, such as sworn peace officers who aren't cops.
While active-duty law enforcement officers can buy off-roster guns, retired law enforcement officers cannot. This is because retired officers are not considered exempt from the law. Only active-duty officers who are buying service weapons are exempt. It is important to note that the definition of "service weapon" is vague, which can lead to interpretation and potential misuse.
The exemption for active-duty law enforcement officers to purchase off-roster guns has been a source of controversy. Opponents of the legislation are concerned about the expansion of the exemption and the potential for misuse. There are also challenges in enforcing the provision that limits resales to other law enforcement officers, as there is no database to verify the employment status of the buyer. This has resulted in instances where off-roster guns have been transferred to non-law enforcement individuals, leading to criminal investigations and penalties for those involved.
To address these concerns, some dealers have obtained signed declarations from buyers stating that no laws are being broken. Additionally, the state Bureau of Firearms has stated that it has the ability to track the sales of off-roster guns. However, the lack of a comprehensive database or verification mechanism continues to be a challenge in ensuring compliance with the law.
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Reselling off-roster guns is restricted to other law enforcement members
In California, retired law enforcement officers are not exempt from the state's gun laws. They are not permitted to purchase off-roster guns, which are guns that the state has deemed unsafe to own and use. While active-duty law enforcement officers are exempt from these restrictions, retired officers do not have the same privileges.
The California gun laws that allow law enforcement to buy off-roster guns have been a source of contention for many citizens. Some argue that it is unfair that law enforcement officers are allowed to purchase guns that the general public cannot, especially since these guns are often newer and safer than those on the roster. There have also been concerns raised about the potential for dirty cops to traffic guns to the highest bidder.
In response to these concerns, a bill was sponsored by Assemblyman Rob Bonta that tightened the exemption. This bill restricts newly exempt officers from reselling off-roster guns to other law enforcement members only. The onus is on licensed firearms dealers to verify that both the buyer and seller are in law enforcement, but there is no database or mechanism for dealers to do so. As a result, it is difficult to ensure that these restrictions are being followed.
While the bill attempts to address the issue of off-roster gun sales to law enforcement, the lack of a verification system may limit its effectiveness. It remains to be seen how this will impact the resale of off-roster guns and whether further measures will be implemented to address the concerns of citizens.
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Dealers are unable to verify if buyers are exempt
In California, there is a roster of handguns that residents can legally buy. If you're an active law enforcement officer, you can buy guns that aren't on that roster, i.e., 'off-roster' guns. However, this exemption does not extend to retired law enforcement officers. While retired state peace officers have many special privileges, the ability to purchase off-roster guns is not one of them.
The off-roster exemption for active law enforcement officers has caused some controversy and problems with implementation. Assembly Bill 2165, signed by Jerry Brown, expanded the types of sworn peace officers that qualify for the off-roster exemption, as long as they pass a three-day firearms course. This bill allows peace officers from 19 agencies to buy and sell off-roster weapons exclusively to and from each other. However, without a database of employees from these agencies, dealers are unable to verify if buyers are exempt and must take their word for it. This has led to instances of officers purchasing off-roster firearms and then transferring them to non-law enforcement individuals, which is illegal.
To address this issue, the ATF has conducted criminal investigations when presented with compelling evidence of violations of federal firearms laws. 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 at a profit.
To summarize, dealers are unable to verify if buyers are exempt from the off-roster requirement because there is no centralized database of employees from the 19 approved agencies. This has led to illegal transfers of firearms to non-law enforcement individuals and underscores the importance of proper verification to prevent such incidents.
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The bill was sponsored by Assemblyman Rob Bonta, D-Oakland
Robert Andres Bonta, a Filipino-American lawyer and politician, has served as California's Attorney General since 2021. Before that, he was a member of the California State Assembly for the 18th district from 2012 to 2021. Bonta is a member of the Democratic Party and previously served as a member of the Alameda City Council from 2010 to 2012. He was elected to the council in November 2010 and was sworn in on December 21, 2010, also being appointed vice mayor on the same day.
Bonta has a background in law, having graduated from Yale Law School and been admitted to the California State Bar in 1999. He has worked as a litigation associate with the San Francisco law firm Keker & Van Nest, practising in areas such as civil rights, crime, insurance, patent infringement, legal malpractice, contract, and fraud. As a private attorney, he worked with the ACLU to implement protocols to prevent racial profiling in California. Bonta also served as a Deputy City Attorney of San Francisco from 2003 to 2012, representing the city in various lawsuits.
During his time in the California State Assembly, Bonta co-authored Senate Bill 10, which eliminated money bail for suspects awaiting trial in California, replacing it with a risk-assessment system. He also introduced legislation to end the use of for-profit, private prisons and detention facilities in the state. This bill, AB 32, was signed into law in 2019, making California the first state to ban both private prisons and civil detention centres. Additionally, Bonta joined Assemblymember Kevin McCarty and other colleagues in 2019 as a lead author of Assembly Bill 1506, which mandated an independent review of officers involved in shootings.
Bonta has also been involved in introducing bills related to healthcare and artificial intelligence. For instance, Assemblymember Mia Bonta (D-Oakland), who represents the 18th California Assembly District, has introduced bills like AB 801, the California Community Reinvestment Act of 2025, and AB 489, which aims to protect Californians from AI systems misrepresenting themselves as health practitioners.
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Frequently asked questions
No, retired law enforcement officers cannot buy off-roster guns in California. Only active-duty officers are exempt from the law.
The roster is a list of handguns that California residents can legally buy. The idea is to prevent the purchase of dangerous guns that haven't been tested or don't have certain safety features.
Yes, but only to other law enforcement members.
