State Exemptions for Authorized Peace Officers

Non-Roster Handgun (Unsafe Handgun) Exemptions

Criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun. However, there are three groups of public entities that may purchase non-roster handguns. The prerequisites for purchase, the eligibility of sworn members of the entities to purchase non-roster handguns for personal use, and the restrictions on resale vary. For complete details please see California Penal Code section 32000, et seq. The three groups and relevant restrictions are:

Group 1 (for use in the discharge of their official duties):

• 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.
• The military or naval forces of this state or of the United States.

Purchase, Use, and Resale Restrictions: The sale to, or purchase by, sworn members of these agencies is also permitted. These sworn members may purchase non-roster handguns for personal use and may generally sell or transfer the non-roster handgun to any firearm eligible purchaser at a licensed firearm dealer.

Group 2 (for use as a service weapon):

• The Department of Parks and Recreation.
• The Department of Alcoholic Beverage Control.
• The Division of Investigation of the Department of Consumer Affairs.
• The Department of Motor Vehicles.
• The Fraud Division of the Department of Insurance.
• The State Department of State Hospitals.
• The Department of Fish and Wildlife.
• The State Department of Developmental Services.
• The Department of Forestry and Fire Protection.
• A county probation department.
• The Los Angeles World Airports, as defined in California Penal Code section 830.15.
• A K–12 public school district for use by a school police officer, as described in California Penal Code section 830.32.
• A municipal water district for use by a park ranger, as described in California Penal Code section 830.34.
• A county for use by a welfare fraud investigator or inspector, as described in California Penal Code section 830.35.
• A county for use by the coroner or the deputy coroner, as described in California Penal Code section 830.35.
• The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in California Penal Code section 830.36.
• 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 California Penal Code section 830.37.
  • (ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to California Penal Code section 830.37.
• The University of California Police Department, or the California State University Police Departments, as described in California Penal Code section 830.2.
• A California Community College police department, as described in California Penal Code section 830.32.
• A harbor or port district or other entity employing peace officers described in subdivision (b) of California Penal Code section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.
• A local agency employing park rangers described in subdivision (b) of California Penal Code section 830.31.

Purchase, Use, and Resale Restrictions: The sale to, or purchase by, sworn members of these agencies is also permitted. However, these sworn members must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by POST pursuant to California Penal Code section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months. Sworn members of Group 2 entities may only resell or transfer a non-roster handgun to sworn members of Group 1, Group 2, or Group 3 entities. Documentation for sworn members of Group 2 to purchase may include a letter from the head of the employing agency providing: (1) the employee's name; (2) agency name; (3) head of agency’s name, title and signature; (4) a statement that as a condition of carrying the handgun, the employee completes a live-fire qualification prescribed by the employing entity at least once every six months; and (5) a statement the employee has completed the POST basic course or, before January 1, 2021, satisfactorily completed the firearms portion of a training course prescribed by the POST. It is recommended that the letter be retained with the record of sale.

Group 3 (for use as a service weapon):

• The California Horse Racing Board.
• The State Department of Health Care Services.
• The State Department of Public Health.
• The State Department of Social Services.
• The Department of Toxic Substances Control.
• The Office of Statewide Health Planning and Development.
• The Public Employees’ Retirement System.
• The Department of Housing and Community Development.
• Investigators of the Department of Business Oversight.
• The Law Enforcement Branch of the Office of Emergency Services.
• The California State Lottery.
• The Franchise Tax Board.

Purchase, Use, and Resale Restrictions: THE SALE TO, PURCHASE BY, OR RESALE BY SWORN MEMBERS OF THESE AGENCIES IS NOT AUTHORIZED.

Also Note: only sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the POST pursuant to California Penal Code section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months are permitted to use non-roster handguns as service weapons.

Large-Capacity Magazine Exemptions

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

10-Day Waiting Period Exemptions

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. (Penal Code section 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).)