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State Exemptions for Authorized Peace Officers

Non-Roster Handguns (Unsafe Handguns)

The following agencies may purchase non-roster firearms for use in the discharge of their official duties:

  • Department of Justice
  • A police department
  • A sheriff’s official
  • A marshal’s office
  • The Department of Corrections and Rehabilitation
  • The California Highway Patrol
  • Any district attorney’s office
  • Any federal law enforcement agency
  • The military or naval forces of this state or of the United States (Pen. Code, § 32000, subd. (b)(4).)

Penal Code section 32000 does not prohibit the sale to, or purchase by, sworn members of the above agencies of a handgun.

Large Capacity Magazines

A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer’s duties may borrow, purchase, receive, or import into this state a large-capacity magazine (Pen. Code, § 32405.)

10 Day Waiting Period Exemption

The waiting period described in Penal Code section 26815 does not apply to the sale, delivery, or transfer of firearms made to any person who satisfies both of the following requirements:

  • The person is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
  • The officer’s employer has authorized the officer to carry firearms while in the performance of duties (Pen. Code, § 26950, subds. (a)(1) and (2).)

Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a peace officer who is authorized to carry firearms while in the performance of duties, and authorizing the purchase or transfer (Pen. Code, § 26950, subd. (b)(1).)

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