California mag restrictions on LEOs?
Is an LEO from out of state prohibited form carrying pistol magazines with a capacity greater than 10 rounds?
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I would vote yes on that one. 0 -
The California Attorney General says:
It appears that under California law (12020(a)(2) PC), nobody may import large capacity magazines into California. There does not appear to be an exemption for law enforcement officers from other states. This may all lead somebody to ask whether federal law enforcement officers moving or being relocated into this state
are in violation of California law if they bring their large capacity magazines with them, since such officers are in violation of California law and there is no exemption for them.0 -
quote:Originally posted by Txs
The California Attorney General says:
It appears that under California law (12020(a)(2) PC), nobody may import large capacity magazines into California. There does not appear to be an exemption for law enforcement officers from other states. This may all lead somebody to ask whether federal law enforcement officers moving or being relocated into this state
are in violation of California law if they bring their large capacity magazines with them, since such officers are in violation of California law and there is no exemption for them.
This may apply to personally owned magazines, but not those owned & issued by the a Federal Agency.0 -
quote:Originally posted by tjh1948
quote:Originally posted by Txs
The California Attorney General says:
It appears that under California law (12020(a)(2) PC), nobody may import large capacity magazines into California. There does not appear to be an exemption for law enforcement officers from other states. This may all lead somebody to ask whether federal law enforcement officers moving or being relocated into this state
are in violation of California law if they bring their large capacity magazines with them, since such officers are in violation of California law and there is no exemption for them.
This may apply to personally owned magazines, but not those owned & issued by the a Federal Agency.
States have sovereign governments. They can make the rules they want to. Don't believe me, then come to NY.
With their new SAFE act, they had to go back and ammend it for the sake of LOE's, as they were originally not excluded...either in the line of duty, nor off.
Best0 -
But, state & local laws do not apply on a "federal reservation". So, FLEO's & rent-a-cops can carry whatever the local commander permits on a military base or federal building.
Neal0 -
The states maybe sovereign, but the Fed G is the superior sovereign & makes the rules. If a Fed agency issues magazines of 10+ rounds, it is the Common Law Rule of Tough; the States cannot really do anything about it. Any enforcement action would be removed to Federal Court & dismissed. 0 -
quote:Originally posted by tjh1948
The states maybe sovereign, but the Fed G is the superior sovereign & makes the rules. If a Fed agency issues magazines of 10+ rounds, it is the Common Law Rule of Tough; the States cannot really do anything about it. Any enforcement action would be removed to Federal Court & dismissed.
OK then, so it is Federally legal to own fully automatic/select fire, transferrable machineguns. Try bringing one in to NY state, and telling them that the feds say you can have it. Same goes with post ban hi-capacity magazines, or even pre-ban's, after 01/15/2014.
Yes, on a military installation it is different. But, all weapons, and equipment stay on base.
Best0 -
Not necessarily, I was present when a Maryland law was passed to give local LEO's the right of pursuit and arrest on Fort Meade and NASA property. 0 -
quote:Originally posted by tsr1965
quote:Originally posted by tjh1948
The states maybe sovereign, but the Fed G is the superior sovereign & makes the rules. If a Fed agency issues magazines of 10+ rounds, it is the Common Law Rule of Tough; the States cannot really do anything about it. Any enforcement action would be removed to Federal Court & dismissed.
OK then, so it is Federally legal to own fully automatic/select fire, transferrable machineguns. Try bringing one in to NY state, and telling them that the feds say you can have it. Same goes with post ban hi-capacity magazines, or even pre-ban's, after 01/15/2014.
Yes, on a military installation it is different. But, all weapons, and equipment stay on base.
Best
You are comparing apples to oranges. Fed agencies routinely issue fully automatic weapons to agents and they are used/possessed in NY and all the other states no matter what they state law says about possession. A state ban on either weapons or magazines that are issued & owned by a Fed agency is a non-starter & the reservation argument is ludicrous. My OP addressed this & did allow for the fact that personally owned magazines are probably covered by NY's law.0 -
quote:Originally posted by NeoBlackdog
Is an LEO from out of state prohibited form carrying pistol magazines with a capacity greater than 10 rounds?
While performing his official duties, no.
http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/2/s12020
Possession of +10 round capacity magazines, whether by LE or anyone else, is not prohibited in CA. Selling, importing, offering for sale and a few other things are prohibited. But possession in and of itself is not prohibited. It would seem rather difficult though, for a person just visiting the state to figure out a way to possess a +10 capacity magazine and not get pinched on importing.
A lousy law, and written poorly to boot.0 -
quote:Originally posted by NeoBlackdog
Is an LEO from out of state prohibited form carrying pistol magazines with a capacity greater than 10 rounds?
NO..... On vacation or on duty, doesn't matter.0
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