Q: Re: Case # 14766 (Closed) Partial portion of response: “With regards to members of the armed forces, we agree with the position that the exemption should apply to all members regardless of the nature of their service. However, the California Department of Justice has taken the position that only military police are exempt.” I realize that you agree with me on the interpretation, but when the actual legislation is referring to a particular entity’s police officers, they specifically state as such: ‘PC 32000(b)(4) (4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff?s official, a marshal?s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney?s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. And PC 32000(b)(6)(L)-(N) & (Q): (L) A K?12 public school district for use by a school police officer, as described in Section 830.32. (M) A municipal water district for use by a park ranger, as described in Section 830.34. (N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35. (Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following: (i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. (ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. This web page from the AG & DOJ CLEARLY states that the entities listed in Pen. Code, § 32000, subd. (b)(6)) must be sworn, but NOT the ones listed in Pen. Code, § 32000, subd. (b)(4)! https://oag.ca.gov/firearms/exemptpo To your knowledge has DOJ cited any dealers for selling to the military or naval forces of the United States? There are dealers here in town that are selling off roster handguns to general members of the armed services. While I am not anxious to be a test case for the DOJ, I also am disturbed by a uneven playing field.
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