Which California firearm rules have law enforcement or military exemptions?

Dealers generally may sell only handguns on the state roster. Penal Code 32000(b) lists the exceptions. Three concern law enforcement:

• Paragraph (4) covers handguns sold to the Department of Justice, a police department, a sheriff's official, a marshal's office, the Department of Corrections and Rehabilitation, the California Highway Patrol, a district attorney's office, any federal law enforcement agency, or the military or naval forces, "for use in the discharge of their official duties." It adds that the section "does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun."
• Paragraph (6) covers a longer list of entities, such as the Department of Fish and Wildlife and county probation departments. The handgun must be for use as a service weapon, and the sworn member must have completed the POST basic course (or, before 2021, the firearms portion of the Penal Code 832 course) and must qualify with live fire at least once every six months.
• Paragraph (7) covers a further list of state agencies, for service weapons only. It says it does not authorize purchases by sworn members "in a personal capacity."

The exemptions come with conditions:

• A dealer may not process the sale of an off-roster handgun from a person who got it under paragraph (6) or (7) to a person who is not exempt (PC 32000(c)(1)).
• A person who got an off-roster handgun under paragraph (4), (6), or (7) must notify DOJ within 72 hours of selling or transferring it. A sale processed through a licensed dealer satisfies this duty (PC 32000(e)(2)).
• An unlawful sale or a failure to report may bring a civil penalty of up to $10,000 (PC 32000(a)(2) and (3)).

The magazine exemptions sit in three sections (Penal Code 32400 to 32455):

• Agencies. Section 32400 exempts any federal, state, county, or city agency "charged with the enforcement of any law," for use by employees in the discharge of their official duties.
• Individual officers. Section 32405 exempts the sale to, purchase by, and possession of a large-capacity magazine by a sworn peace officer or sworn federal law enforcement officer "who is authorized to carry a firearm in the course and scope of that officer's duties."
• Retired officers. Section 32406 exists in two same-numbered versions, one from Proposition 63 and one from SB 1446 (2016). Both exempt an honorably retired sworn peace officer or sworn federal officer, who was authorized to carry a firearm on duty, from the possession ban in Penal Code 32310(c).

The underlying law has been in court for years. See Duncan v. Bonta.

The waiting period does not apply to a person who is "properly identified as a full-time paid peace officer" and whose employer has authorized the officer to carry firearms on duty (Penal Code 26950; Penal Code 27650).

Proper identification is a verifiable written certification from the head of the agency that identifies the buyer as a peace officer and authorizes the purchase. The dealer keeps it with the record of sale and still reports the transaction to DOJ on the day of delivery.

Penal Code 31700(a) exempts, when "properly identified":

• any active or honorably retired peace officer;
• any active or honorably retired federal officer or law enforcement agent;
• any reserve peace officer;
• any person who has completed the training course in Penal Code 832; and
• an active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components.

For military members, the statute says proper identification includes the Armed Forces Identification Card, the Veteran Health Identification Card, or other written documentation certifying active or honorably retired status.

The limit of three firearms in any 30-day period does not apply to any law enforcement agency, any state or local correctional facility, or any person "properly identified as a full-time paid peace officer" who "is authorized to, and does carry a firearm during the course and scope of employment" (Penal Code 27535(b)). The same list also exempts any person who may claim one of the waiting period exemptions in the articles beginning at Penal Code 27600, 27650, and 27700 (Penal Code 27535(b)(7)). The list does not name military members.

• Age: a dealer may sell a long gun, including a semiautomatic centerfire rifle, to a person 18 or older who shows proof of active military membership. For an honorably discharged member who is 18 or older, the exception covers long guns other than semiautomatic centerfire rifles. Neither exception covers handguns (Penal Code 27510(b)(2) and (3)).
• Residency proof for handguns: military permanent duty station orders showing assignment in California are listed as satisfactory documentation (Penal Code 26845).
• Identification: DOJ says a military ID accompanied by permanent duty station orders showing a California posting is acceptable evidence of identity and age (DOJ FAQ).

• Concealed carry: the concealed carry statute does not apply to honorably retired peace officers in the listed categories (Penal Code 25450). The agency issues an identification certificate, which for many officers must carry an endorsement approving concealed carry (Penal Code 25455).
• FSC and magazines: honorably retired officers are named in Penal Code 31700 and 32406, as described above.
• Roster, waiting period, purchase limit: the exemptions described above are written for sworn members and for full-time paid peace officers.