• Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact
No Result
View All Result
Law Officer
Law Officer
No Result
View All Result

New law prohibits retired California cop from buying ammunition in home state

retired California cop

(Brent_Hondrow - Pixabay)

July 3, 2019
Jim McNeffbyJim McNeff
Share and speak up for justice, law & order...

I am an honorably retired California cop, with 30 years of service credit, who relocated to Texas nearly seven years ago. Now, due to a new law, I cannot buy ammunition in my home state.

This is no joke; allow me to explain my findings.

State residency

While perusing through news articles recently, I learned that Proposition 63 prohibits the sale of ammunition to out of state residents. I.e. Me! (California voters passed this law in 2016, but the second part of the legislation took effect July 1, 2019.)

As someone who grew up in Anaheim, near Disneyland and Angel Stadium, attended California State University Fullerton, and graduated from the Golden West Police Academy in Huntington Beach, I still identify as a Californian—regardless of the bizarre politics occurring in the state.

Moreover, I never lost my residency status while serving in the military many decades ago, so my mind has not completely shifted to the fact that I’m no longer a state resident.

Furthermore, I possess a law enforcement retiree identification card from my agency in Orange County, Calif. while I complete the range qualification in Texas. Therefore, I am authorized to carry a concealed firearm, even in the liberal bastion that is my beloved home state. As a result, there must be an exemption to this law, right?

Well, I looked … and looked … and looked without finding one for a retired cop. What I discovered was a very confusing and convoluted law—something California is doing with great frequency.

Prop 63

This is the part of Prop 63, reported the Sacramento Bee, that caught my attention:

Under the new gun control law, ammunition dealers must check the buyer’s ID information against data in the state’s Automated Firearms System; the check is designed to quickly return information on whether the buyer has any restrictions against making such a purchase, such as a felony conviction.

The law also prohibits the sale of ammunition to non-California residents.

BOOM! That is me; a non-California resident.

Honorably retired California cop

Regardless of my standing as an honorably retired California cop, my current residence is in Texas and my driver’s license bears the seal of the Lone Star State. So while I can carry my concealed weapon when I return to my stomping grounds to visit family and friends, I cannot buy ammunition there.

Suddenly my head is spinning from the stupidity of this piece of legislation, one that could have easily accommodated reasonable exemptions based upon specific circumstances as many other laws do.

FAQ

LAX Ammunition OC answered several frequently asked questions regarding Prop 63, including this one:

Q. Why can’t you sell ammunition to non-residents of California without a COE (Certificate of Eligibility)?

A. According to the DOJ (6/10/19): “The CA DOJ is not permitted to use the Federal National Instant Criminal Background Check System (NICS) for the purpose of ammunition eligibility checks, and there is no reasonable alternative method to affirm that a person from out of state is prohibited from purchasing or possessing ammunition.”

Firearms qualification

Since I perform my annual firearms qualification in Texas, I complete the Texas Commission on Law Enforcement (TCOLE) forms, which confirm my certification. TCOLE then provides me with a card that verifies my status as a retire police officer who is authorized to carry a firearm. Ironically, a box that is checked on the TCOLE form reads: “Qualified Retired Out-of-State Officer.” Yet, my home state will not allow me to buy ammunition.

Penal Code

I reviewed the new law codified under California Penal Code sections 30352 and 30370, among other areas. Fortunately, sworn active duty peace officers, federal agents, and dealers are exempt, but not retirees.

Now that I got worked up over this silly law, I still thought I must have been missing something. Surely there is an exemption for duly authorized law enforcement retirees who’ve left the state?

Is this true?

I called a few active duty buddies still working the streets. No one could answer my question, meaning; this is not something local cops will enforce.

So I called “Turner’s Outdoorsman” in Fountain Valley, California, where I spent my career, since they sell ammunition. As the phone rang, I suddenly had specific flashbacks from moments I’d spent as a cop in the parking lot in front of Turner’s, which is next door to a nightclub, formerly call “The Hop.” Bill Medley and Bobby Hatfield, better known as “The Righteous Brothers,” owned the establishment.

In the parking lot of “The Hop” and “Turner’s Outdoorsman” I had:

  • Broken up dozens of fights.
  • Been “cold-cocked” by an intoxicated woman during one bar fight in particular.
  • Arrested several people for DUI.
  • Conducted a weeklong surveillance as part of the Special Investigations Unit (SIU) as we had intelligence that “Turner’s Outdoorsman” was targeted for firearms thefts by L.A. gangbangers.
  • Conducted a fatal traffic collision investigation that spilled over into “The Hop” parking lot.
  • Nearly fell from the roof of “The Hop” and “Turner’s Outdoorsman” (same building) when the ladder broke free at the roofline while checking an alarm call at 2:00 a.m.
  • Made several arrests of PENI (Public Enemy Number 1 –White supremacist) gang members clashing with another gang.

All of that came to mind while the phone rang for 30 seconds.

Speaking to Turner’s Outdoorsman

“Turner’s Outdoorsman, can I help you?” said the sales clerk.

“Hi. My name is Jim McNeff. I worked as a police officer in Fountain Valley for nearly 30 years, but retired and moved to Texas.”

“Oh, hi.”

“I have a question about the new restriction placed on you by Prop 63. … This is not a trick question, but I would like to know if I can buy ammunition in your store if I produced an authentic Texas driver’s license?”

“Oh my, I work in archery, let me get someone from firearms to help with your question. Please hold.”

“Okay, thanks, I appreciate it.”

While waiting on hold, I felt like the mere mention of Prop 63 scared him away.

“Hello, this is Wayne, can I help you?”

I repeated my question for Wayne—he probably thought it was a government trap. “I write for the publication, Law Officer,” I added. “I’m completing an article and want to make sure I have not misunderstood the application of Prop 63.”

“You have it correct. We cannot sell ammunition to anyone without the necessary checks and verifying state residency using a California driver’s license,” Wayne said.

“So, just to verify, regardless of my status as a retired peace officer from the State of California, if I walked into Turner’s with a Texas driver’s license, you would be unable to sell ammunition to me?” I verified.

“That is correct,” Wayne replied.

He then happily referred me to an expert in their corporate office, but I was satisfied with his response.

Getting shut down

So there you have it; as best as I can tell, a retired California cop who has taken up residency in another state cannot purchase ammunition in the Golden State.

If I am wrong, please show me where I need to be corrected and I will rescind this article. Until then, I’m happy to be a resident of Texas, regardless of my love for California’s weather and its geography.

– Jim McNeff

(Feature image: Brent_Hondrow – Pixabay)

 


Share and speak up for justice, law & order...
Tags: ammunitionCalifornia lawProp 63
Jim McNeff

Jim McNeff

Jim McNeff is the managing editor of Law Officer. As a Medal of Valor recipient with more than 30 years of experience in law enforcement and the military, Jim brings experience, insight, and a keen perspective to the issues affecting law enforcement. For nearly a decade, Jim has also served the law enforcement community as a writer and editor following the latest news, facts, and figures concerning law enforcement seven days a week, and 365 days a year. Jim is a retired police lieutenant and served a municipal police department for 28 years. Previously, Jim was a crewmember of the National Emergency Airborne Command Post—a presidential support detail. He holds a Bachelor of Science degree in criminal justice from Southwest University, and is a graduate of the esteemed Sherman Block Supervisory Leadership Institute and the Leadership in Police Organizations IACP course of study. Jim is also the author of three police-related books: The Spirit Behind Badge 145, Justice Revealed, and Jurisdiction.

Related Posts

Ammo company won’t sell bullets to Biden voters

February 13, 2021
background checks

Judge throws out California law requiring background checks for ammunition

April 24, 2020
prison

California lawmaker proposes bill to keep 18- and 19-year-olds out of prison

January 30, 2020

FBI Ammunition Contract Awarded to Winchester

January 4, 2018
Load More

Latest Articles

Paul Tracey

Massachusetts police officer, National Grid worker killed in work detail crash

December 8, 2023
California marina

Man and woman found dead at California marina

December 8, 2023
Daniel Edward Rudolph

Moriarty’s office blasted for not filing assault charge against felon who dragged officer

December 8, 2023
former police chief

Former California police chief sentenced to 11 years in prison for role in Capitol riot

December 8, 2023
Hunter Biden laptop

Hunter Biden slapped with new 9-count federal indictment

December 8, 2023
Martin Luther King Jr birth home

Off-duty NYPD officers stop woman trying to burn down Martin Luther King Jr.’s birth home in Atlanta

December 8, 2023
Load More

Weekly E-Newsletter

Subscribe—and get the latest news and editorials direct from Law Officer each week!

[newsletter_form type="minimal"]

JOIN THE FIGHT

BE COURAGEOUS

POPULAR GEAR

Tactical Pants

Tactical Boots

 

FIND MORE…

Law Officer

© 2021 LawOfficer.com

LawOfficer.com

  • Home
  • About
  • Advertise
  • Privacy Policy
  • Corrections
  • Contact

Speak up for justice, law & order

No Result
View All Result
  • Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact

© 2021 LawOfficer.com