With the most recent changes in HR 218, does anyone know if current/former LEOs are exempt from magazine capacity restrictions in the handfull of states restricting capacity to ten rounds?
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you mean cops would steal?!:rofl:Some departments actually require you to carry your issue with you, at least to and from work. You can leave it at home, but they don't want it at the station. A few places have experienced locker room crime and didn't want their issue weapon exposed to the possibility.
Shocking, ain't it? But the specific instances I heard about involving stolen weapons were unauthorized people getting into the locker room.:crying::dunno::shocked:you mean cops would steal?!:rofl:
CA, HI, NY are 10rd.How many states have ammo limit restriction? CA and NY. Who else?
My understanding is that out of state LEO's on official duty is considered a CA peace officer while in state under our penal code so the same exemptions for large capacity feeding devices (our lingo for regular capacity magazine over 10 rounds) would apply to them as long as they are working.
Off-duty LEO's here on vacation or whatever who are carrying under LEOSA are not considered CA peace officers but rather, civilians who have carry privileges under federal law. As such, they would not be exempt from the law prohibiting the importation of large capacity feeding devices into this state, unless the magazine was already in the state prior to the ban.
There is some weird loophole about the magazine being in the state and then you move outside of the state and now you're coming back or something but I didn't read into it much.
As a practical matter, I wouldn't give a rat's arse if you are an off duty carrying under LEOSA and had a beta mag on your AR pistol which you concealed under your tank top and cargo shorts, but unfortunately, I can't speak for all of my brethren and some overzealous DA's who want to make a name for himself.
Yeah, I can think of many places safer than CA, NY, HI, and NJ.CA, HI, NY are 10rd.
NJ is 15rd.
I know there are others, but can't think of them right now.
Don't you just love it....:dunno: I guess he helped you decide NOT to move back.....:rofl::rofl:I had occasion to contact the NYPD license bureau a while back with a question on if we decide to move back to NYC what are the steps to have my NYC carry permit reinstated. I was told that it would be issued after a background check in case I became a felon in retirement and that the NYS law re 10 round magazine capacity would apply to me. If we were going to move back I would contact the NYPD legal bureau for further clarification. I was also told if I bring any firearms into NYS while in the process of moving I would have 48 hours to voucher them at the precinct that my home is in. I would then have to wait for my NYC carry permit to be issued before I could retrieve them. I asked about LEOSA and the guy said contact the legal bureau. I love Florida.
Recently, I was on the phone with the California Department of Justice, Firearms Section when I posed this very question, and they said that technically, no one could bring a high capacity magazine into the State of California. He said that LEOSA covered firearms, but that magazines were not covered. He did go on to say no one had ever been "popped" for a magazine violation though.Please, correct me if I am wrong, but I think that the magazine capacity is a non issue if you obtained them legally. Like you still have them after you retire! The issue on the magazine capacity is if you are obtaining them afterwords, like through the mail or from someone else! :dunno:
I for one never worry about the local uniforms. It's always the higher-ups and prosecutors you have to worry about... It could be something as innocent as thwarting a robbery in progress while off-duty in a foreign jurisdiction. By the time the attorneys get through, they will have given the crook immunity in exchange for his testimony against you and then they will end up charging you for brandishing and CCW... :rofl:Personally speaking, if you're an out of state LEO with valid creds, the last thing I'm going to worry about is your mag capacity or if you have hollowpoints.
That's just my opinion though.
MA :upeyes:LEOSA's black letter law doesn't address this ammo limit restriction. AFAIK, no case law is relevant on this point. So, unfortunitely, Mr. Mannion's legal opinion seems to be on point.
How many states have ammo limit restriction? CA and NY. Who else?
Well in MA, Mass Chiefs assn was dead-set against LEOSA and so they have implemented their warped policies as law (Code of Mass Regs) that directly violate the Fed Law and haven't updated since the changes last year (and last I was told by the Exec Office of Public Safety atty, they had no intent of making any changes in the near future). Add to that some unsigned, undated memos from EOPS to every police chief and DA in MA that advised that active officers (MA officers here) can not legally possess any large-cap mags (other than pre-ban, mfd on/before 9/13/1994) and must leave their issued large-cap mags at the PD at the end of every shift! :shocked:carry you duty gun, as in issued by the department. if youre challenged in a commie state about its magazine capasity what can they do under leosa? arrest you? seize your duty gun and let the attorney generals fight it out? would be an interesting test case and id like to see a jury's decision on it, not a judge's.
seems to me that violating a right "given" by federal law would settle up nicely for the off duty cop.With that attitude towards their own, you can be sure that the higher ups are just cruising for bruising to prosecute any LEO they can for this chicken**** . . . and it is a 10 year felony in MA.
Since LEOSA doesn't exempt officers from state magazine bans a jurisdiction that has one absolutely could prosecute an off-duty LEO for illegal possession and likely win a conviction. Should they? Of course not, but they could and legally they wouldn't be wrong. I have no desire to be the test case, do you?carry you duty gun, as in issued by the department. if youre challenged in a commie state about its magazine capasity what can they do under leosa? arrest you? seize your duty gun and let the attorney generals fight it out? would be an interesting test case and id like to see a jury's decision on it, not a judge's.
Are you referring to rifle mags or handgun magazines with a capacity of more than 10 rounds?MA :upeyes:
Well in MA, Mass Chiefs assn was dead-set against LEOSA and so they have implemented their warped policies as law (Code of Mass Regs) that directly violate the Fed Law and haven't updated since the changes last year (and last I was told by the Exec Office of Public Safety atty, they had no intent of making any changes in the near future). Add to that some unsigned, undated memos from EOPS to every police chief and DA in MA that advised that active officers (MA officers here) can not legally possess any large-cap mags (other than pre-ban, mfd on/before 9/13/1994) and must leave their issued large-cap mags at the PD at the end of every shift! :shocked:
With that attitude towards their own, you can be sure that the higher ups are just cruising for bruising to prosecute any LEO they can for this chicken**** . . . and it is a 10 year felony in MA.
As for street officers, almost all will give a pass to any visiting officer as long as the visitor doesn't act foolishly. But every department has that one who is looking for a "rep" and would indeed arrest his mother for jaywalking.
I don't have the number in my head, but there aren't many in the unit. They are also responsible for conducting investigations. There is a huge backlog in the firearms unit. It takes about three months for handgun permits to go through. The secretaries do most of the leg work.I'm not sure just how many Troopers are assigned to the RPO Permit Unit. Maybe 4949 can chime in on this one....:dunno: