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Thread: Exceptions to the Law

  1. #1
    Regular Member
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    Apr 2009
    Orange, California, USA

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    I assume that Law Enforcement Officers are also bound by the confines of the law just as the rest of the people are. If I am mistaken, somebody please correct me, but given this premise:

    1.) are law enforcement officers allowed to carry firearms onto a college campus? I've read the Penal Code and there's no clause that that grants instances of special permission. It says no firearms on or within 1000 feet of any school, pre-college or university otherwise. Somebody please clarify

    2.) are law enforcement officers allowed to carry loaded firearms? I know the intuitive answer would be "yes" but where in the books is the legal backing for that?

  2. #2
    State Researcher
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    Jul 2007
    Stanislaus County, California, USA

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    1) near the end of 626.9:
    (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code.
    (Forum won't let me use two separate quote blocks - sorry for the formatting.) 2) From 12031:
    (b) Subdivision (a) shall not apply to any of the following: (1) Peace officers listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired, other duly appointed peace officers, honorably retired peace officers listed in subdivision (c) of Section 830.5, other honorably retired peace officers who during the course and scope of their employment as peace officers were authorized to, and did, carry firearms, full-time paid peace officers of other states and the federal government who are carrying out official duties while in California, or any person summoned by any of those officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer. Any peace officer described in this paragraph who has been honorably retired shall be issued an identification certificate by the law enforcement agency from which the officer has retired. The issuing agency may charge a fee necessary to cover any reasonable expenses incurred by the agency in issuing certificates pursuant to this paragraph and paragraph(3).
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  3. #3
    Regular Member demnogis's Avatar
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    Jul 2008
    Orange County, California, USA

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    It's called "The Brass Pass".

    And with LEOSA, almost no restrictions.
    Gun control isn't about guns -- it is about control.

  4. #4
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Jun 2008

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    Although the LEOSA is obviously unconstitutional since Article I Section 8 gives congress no authority to bring forth such bills.

    I wish states would enact laws that would offer bounties on politicians that overstepped their constitutional bounds. The federal government could issue an order of marque and reprisal to do the same thing. I'd strongly back any candidate which would do that.

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