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Law Enforcement Exemptions

This is a discussion on Law Enforcement Exemptions within the Gun Rights forums, part of the Gun Forum category; I would like some clarification on this issue from those in- the-know: Understandably, Department issue firearms, ammunition and magazines are exempt from prohibitions imposed on ...


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Old February 16th, 2013, 09:37 AM   #1
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Law Enforcement Exemptions

I would like some clarification on this issue from those in- the-know:

Understandably, Department issue firearms, ammunition and magazines are exempt from prohibitions imposed on citizens. Not that is is fair, I'm just stating that it is understandable.

However, how do the laws pertain to the individual property of LEO's? Current and proposed legislation is a bit vague on this.

For instance, under New York's Safe Act, can an individual officer go into a gun store and order an AR15 and a few 30 round magazines, pay for it with his own funds and register it in his own name simply because he has an LEO ID card? Does he have to surrender the firearm if he leaves the force? How about retired LEO's?

Inquiring minds want to know.

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Old February 16th, 2013, 09:56 AM   #2
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I know places like Chicago exempt officers from the magazine limit restrictions. Not sure as far as purchase of personal firearms.

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Old February 16th, 2013, 10:16 AM   #3
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Not that officers will check the personal property of other officers... but during the old ban years ago we had to either get our mags thru the department or obtain letterhead to obtain them from the local gun shops. Our agency would not write letterhead for personal weapons. But for now in Tennessee.... don't need to worry about it....

LOl, just checked... I still have some old Glock & USP mags issued during this period with the "restricted" stamping...

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Old February 16th, 2013, 11:13 AM   #4
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It depends on how the law was written, and the department policy.

Sometimes there are exemptions for duty use. The Law Enforcement Protection act grants concealed carry options for active and retires meeting certain conditions.

Upon 20 year retirement, I don't have to pay the fee to get a concealed carry permit. But I do have to go through the same process and renewal.

During the ban, I know retirees that were permitted to purchase thier duty weapon (pistol), but they could not have the magazines that went with them. Also I heard there were some officers killed in the line of duty and their family was awarded their gun, without the magazines.

I think for the most part, as soon as you leave law enforcement, you are subject to the same state and federal laws as all other citizens.

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Old February 16th, 2013, 11:43 AM   #5
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Quote:
Originally Posted by KurtC View Post
I would like some clarification on this issue from those in- the-know:

Understandably, Department issue firearms, ammunition and magazines are exempt from prohibitions imposed on citizens. Not that is is fair, I'm just stating that it is understandable.

However, how do the laws pertain to the individual property of LEO's? Current and proposed legislation is a bit vague on this.

For instance, under New York's Safe Act, can an individual officer go into a gun store and order an AR15 and a few 30 round magazines, pay for it with his own funds and register it in his own name simply because he has an LEO ID card? Does he have to surrender the firearm if he leaves the force? How about retired LEO's?

Inquiring minds want to know.
Really? Coppers have a lifetime CCW as well. Go get your POST, be a cop and it will be "fair" for you too.

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Old February 16th, 2013, 11:53 AM   #6
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Quote:
However, how do the laws pertain to the individual property of LEO's?
I can only comment on the situation I faced in NJ. Department handguns (personality owned in our case were exempt. Authorized was the Glock 23 so no exemption was needed. A off duty or secondary handgun was issued and must fit the departmental guideline. If the capacity exceeded 15, a letter from the Chief was needed listing the specific handgun by sn. This procedure was more in use during the Federal ban.

Anything considered "duty use was specifically authorized by the agency policy and must be qualified with twice a year. In most cases, that meant two handguns. No long guns were authorized for personal departmental use.

As far as personally owned firearms, there is no exemption under the law. Period.

Quote:
Coppers have a lifetime CCW as well
The law was a benefit, no doubt. But to take advantage, you are required to satisfy many area not required by state permits, my state included.

Mandatory qualifications . In my case, twice a year.
Handgun specific restrictions. Qualified handguns only
Carry will intoxicated voids the ability. (what that level is has never been established.)

The question was an exemption from firearm's restrictions as based on current AWB laws.


Last edited by rscalzo; February 16th, 2013 at 12:06 PM.
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Old February 16th, 2013, 11:53 AM   #7
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during the last bad AWB when Ar's were 2k at the gun show we just bought them (personal use) on letterhead for 699.00. Only restriction was we had to keep them a year. My department held several "group buy" events. Worked out nicely. We are currently working on another group buy through Colt right now. 6920's for 865.00 a pop. Colt has a very officer freindly LEO purchase program.

Mag purchase / capacity was never restricted. Show your ID, buy what ever and as many as you want.

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Old February 16th, 2013, 12:33 PM   #8
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Never happened that way in our state.

The area dealers would not sell anything banned by the at the time AWB unless it was documented. The state had a form letter detailing what was required and how many were to be sold. Same for the purchase of a handgun. Thankfully I had the form on file and generated them easy enough. What was odd was during the former ban, I never saw a magazine marked "LE Use only" or something to that effect.

While some Chiefs might have authorized it, none ever did so by us.

In any case, even if allowed, they would have to be qualified with under our state guidelines to be considered a "departmental use". That meant the documentation and records to the state. We did business mostly with Ray's (now gone). They would not budge on the paperwork. Walking in and flashing anything gone you zip. That's from a company that did a huge bulk with the state's LE. Yet I didn't blame then as trying to cut corners could have cost them dearly so why take the chance?

Best deal I could ever get was a Harley FL police version discounted back when they were in short supply. Wife wouldn't let me.

Quote:
Only restriction was we had to keep them a year
Same restriction on the HD.

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Old February 16th, 2013, 12:35 PM   #9
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Did not the NY safe act prohibit police as well as civilians from loading more than 7 rounds?

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Old February 16th, 2013, 12:44 PM   #10
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[QUOTE=Dredsen;1072286]Did not the NY safe act prohibit police as well as civilians from loading more than 7 rounds?[/QUOTE

yes......as they passed that bill in the dark of night, with little beads of sweat running down their buttcracks they didn't make any concessions for LEO. I think that was changed within 48 hours but not sure.

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Old February 16th, 2013, 12:48 PM   #11
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Originally Posted by rscalzo View Post
Never happened that way in our state.

The area dealers would not sell anything banned by the at the time AWB unless it was documented. The state had a form letter detailing what was required and how many were to be sold. Same for the purchase of a handgun. Thankfully I had the form on file and generated them easy enough. What was odd was during the former ban, I never saw a magazine marked "LE Use only" or something to that effect.

While some Chiefs might have authorized it, none ever did so by us.

In any case, even if allowed, they would have to be qualified with under our state guidelines to be considered a "departmental use". That meant the documentation and records to the state. We did business mostly with Ray's (now gone). They would not budge on the paperwork. Walking in and flashing anything gone you zip. That's from a company that did a huge bulk with the state's LE. Yet I didn't blame then as trying to cut corners could have cost them dearly so why take the chance?

Best deal I could ever get was a Harley FL police version discounted back when they were in short supply. Wife wouldn't let me.


Same restriction on the HD.
lol .....I got the same deal on a brand new HD Eg. Kept it two years and sold it. As for the rifles they are all bought on letterhead with the distinct language that they are going to be used for "official" duties. I have carried an AR in my POV for almost 20 years now. The mags also were documented but were never hard to get.

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Old February 16th, 2013, 04:14 PM   #12
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The deals we saw required Agency letterhead, stated credentials, weapon for practice, training or competition and could not be resold and signed by a supervisor. Didn't allow any full auto purchases and generally amounted to $100 savings had it not been for being LEO.

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Old February 16th, 2013, 05:25 PM   #13
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I as the chief of police wrote letters on departmental letter head to the police distributors or manufacturers such as Glock for my people. I wrote one letter for one of my young troops to Glock for a new duty pistol and he was murdered in the line of duty by two prison escapees before his new pistol arrived from Glock. After his death I called Glock and informed them of his death and Glock refunded the purchase price to his widow. Incidentally I had the distinct pleasure, even though I had retired the previous June, of watching the cop killer ride the needle out of this world back in March 05.

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Old February 16th, 2013, 06:15 PM   #14
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I thought I saw in some of the new "proposed" legislation some where that LEO, government officials and employees were all exempt from the "new law". I may be totally wrong on this.

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Old February 16th, 2013, 06:37 PM   #15
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we usually are exempt as far as I have seen anyway.

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