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CA – Armed Forces Exemption

posted on January 18, 2019

Q: RE; Off-Roster handgun sales The CA DOJ website provides this guidance: https://oag.ca.gov/firearms/exemptpo After reviewing the page, I have several questions: 1) What documentation (if any) is required for Sworn Members of the listed agencies is required? It appears this exemption applies to all members of the armed forces, active and reserve. Does this include all classes of reserve forces such as Individual Ready Reserve? Also, the second section: (Pen. Code, § 32000, subd. (b)(6)) specifies sworn members of certain agencies cannot transfer their handguns obtained under this section, per section (c) (1): “Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.” What that tells me is that even we are required to do private party transfers between individuals, we cannot transfer off roster handguns that were obtained by exemptions listed in this section. How do know? Many if not most private party transfers are for off roster firearms, do we refuse to do them? Ask them? What is our standard of care?

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