Posted: 7/21/2004 6:02:13 PM EDT
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I have been debating this question with an leo. Can an LEO personally own an LEO version of the AR? I was under the impression that Ashcroft had said ownership waqs to be retained by the LEO's dept. Anyone have the law on this? |
| This will not matter after September. But, as the law stands now civilians can own LEO lowers as long as they are built up in a postban configeration. Even though many manufacturers will not sell you a LEO lower, its still technically legal. This has been discussed a million times on AR discussions. |
Yeah but I am pretty sure an LEO can not own the full LEO version and keep the rifle at his home for instance. The ownership of the rilfe must be retained by his dept until he retires I think is what I read last time this came up. They charged an LEO from NJ with illegal possession on an "assault rifle" here last year and he lost is job I think. |
| A police department can also gift/grandfather ownership to the officer, at least in NY, upon retirement. So, if an officer carries his duty weapon and the chief sees fit to hand it over to his retiring officer, with the proper letterhead and paperwork, he can do so. (He/She, for those of you who get sexist). |
The individual officer own the weapon. However if they stop being a LEO, they can't possess it anymore. At that point it could be sold/consigned to an FFL, sold to another officer, or there is a provision that if the officer id retiring they can give it to the dept he works for, and they "gift" it to him, paperwork. NFA weapons can be owned by an individual officer. Exactly the same procedure as a non-LEO to acquire. Weapons built after the '86 MG ban may only be owned by a department. (As far as the LE question). |
he was charged under NJ law and the "assault weapon" in question was an M1 CARBINE. federal law is an entireley different matter. there are not even any confirmed instances of the feds prosecuting someone who is not an FFL for a stand alone AWB charge. So I doubt they are gonna prosecute a LEO when LEO's are specifially exempted in the law. It says it doesnt apply to LEO for LE use either ON OR OFF DUTY.... ATF interprets that as requiring a purahcase on dept letterhead.... a court of law may NOT interpret it that way. Who knows, who cares. The law is done in less than 2 months anyway. |
Yes but Ca. Has prohibited the transfer (upon retirement) in their state. |
If an LEO is issued by his department, or he buys one with department letterhead or permission, he can keep it with him until he retires (LEO mags also). And so he must surrender (dept issue) or sell to a fellow LEO upon retirement. Full auto is a different animal in it's self. An LEO cannot buy a fullauto or convert a semi without the same licenses and a taxes as everyone else. |
I have seen both sides of this argument and I have only seen the law on it once and I can't find it now. I have never seen any law that allows an LEO to personally own an LEO makred AR. They charged a NJ police officer last year with possessing an "asault rifle" |
If it was not awarded yes he was illegal if it was awarded -- he is legal I know I had my Glock and mags awarded to me.  number 4 in the middle column near the bottom |
Yes. I own a LEO Only Armalite. Perfectly legal. I bought mine in 2001 because I wanted a rifle for duty use that nobody else was allowed to screw around with.
See Number 2 immediately above it. As long as the rifle is used as a duty weapon, the individual officer may purchase it. If the officer's department did not allow him to use a personally-owned AR-15 as a duty weapon, he would be prohibited. |
They do "personally own" it. However it has to be a weapon that the employing department has certified for official use. The officer I think you are refering to, had a collection of NJ restricted weapons that were not authorized for use by his department. Part of the law demands that the officer obtain permission from his dept to purchase the weapon, and the department certifies it is for official use. So if an officer has a non-duty restricted AW, they can be charged with that crime. Also if a department decides it will no longer allow personally owned AW's to be carried by officers, any officer the work for that department must get rid of the no longer authorized weapons. |
what do you mean full LEO version? officers can own LEO marked ARs with preban features and keep them at home, in the cruiser, or at work etc. They pay for them and own them. full auto dept owned NFA ARs can also be "issued" by the dept to LEOs and kept secured by the officer. SOme dept's also allow perosnal NFA AR's to be carried by LEOs, they go through the NFA paperwork, but the price must be mucho$$. |
You better tell that to Ashcroft then. Can you post a link to support that statement? Bet you can't, wanna know why, becaue the law says the exact opposite , you can not persoanally own and "assault weapon" and all the LEO who used dept letterhead to buy them brioke a federal law if they are keeping them as their own. Now what do you think happens to the status of that weapon if a LEO justs quits the force to go be a carpenter? Take a guess. |
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I just got off the phone with the ATF in Camden, NJ and the field agent there told me exactly what the law is and an AR 15 LEO in "assault weapon" configuration (collapsible stock, flash S, bayo lug) is not legal for an individual LEO to own and if that ownership was transferred to the LEO it was a fraud and the dept. is where the ownership should be. Now if any of you guys want to talk with this agent IM me and I will give you his name and number. |