Exceptions Relating To Law Enforcement - Issuance, Forfeiture, And Conditions Of License To Sell, Lease, Or Transfer Firearms At Retail - Penal Law - CA

Section § 27050

This law explains that certain rules about selling and transferring firearms do not apply when firearms are sold to authorized law enforcement officers for their agency's use. The sale needs written permission from the agency head before it happens.

The authorization must include proof from the agency head, certifying that the person buying the firearms is allowed to do so for the agency’s exclusive use.

Once a handgun or any firearm is purchased by the agency, it needs to be recorded into the state's Automated Firearms System within ten days. If an agency can't directly access this system, it should coordinate with the county sheriff for input.

(a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.

(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.

(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

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Section § 27055

This law states that certain rules about loaning firearms do not apply when all these conditions are met: 1) A law enforcement official loans the firearm; 2) The recipient is a peace officer who works for the same agency and is allowed to carry a firearm; 3) The loan is for official use by the officer while performing their duties.

Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the loan of a firearm if all of the following conditions are satisfied:

(a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government.

(b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm.

(c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s duties.

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Section § 27060

This law states that certain regulatory articles don't apply when law enforcement agencies sell, deliver, or transfer firearms to peace officers under a specific public contract rule. When this happens, the details of the peace officer and the firearm must be entered into the Automated Firearms System within 10 days. This includes the firearm's make, model, serial number, and other details. If the firearm is not a handgun and doesn't have a serial number, this must also be noted. If the selling agency can't access the system, they're required to coordinate with the local sheriff's office to input the information.

(a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.

(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

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Section § 27065

This law states that California's standard firearm sale laws don't apply when a law enforcement agency sells, delivers, or transfers a firearm to a retiring peace officer authorized to carry one. When this happens, within 10 days, the agency must record the officer’s name and the details of the firearm in the Automated Firearms System (AFS) using the California Law Enforcement Telecommunications System (CLETS). If the firearm isn't a handgun and lacks a serial or identification number, this must also be noted. Agencies without AFS access need to coordinate with the local sheriff to enter the information.

(a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.

(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

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