Tuesday, July 10, 2018

AB 1192 Ensures Retired Reserve Officers Can Carry High-Capacity Magazines/Assault Rifles

On July 7th 2018, Governor Brown signed Assembly Bill 1192 into law. The legislation, sponsored by Assemblyman Tom Lackey, was actively supported by PORAC.  This new law corrects a problem created by Proposition 63. 

In 2013, the California Legislature passed Assembly Bill 703. That bill allowed “honorably separated Level 1 reserve peace officers” to carry concealed firearms on the same basis as “honorably retired full-time peace officers.” At the time AB 703 became effective, the California Penal Code allowed the possession of high-capacity magazines by currently sworn full-time and reserve peace officers. It also allowed the continued possession of high-capacity magazines by California residents who lawfully acquired them prior to the year 2000 and by retired peace officers who acquired them during the course of their active duty.

However, in 2016, Proposition 63 passed. It required all persons, with few exceptions, to “divest themselves of high-capacity magazines by July 1, 2017.” Proposition 63 carved out an  exemption for “honorably retired peace officers.” Due to a technical oversight, Proposition 63 did not exempt “honorably separated Level 1 reserve peace officers.”  Accordingly, numerous retired reserve police officers were being forced to dispose of any high-capacity magazines possessed by them on or prior to July 1, 2017.  AB 1192 fixes that technical oversight and allows retired reserve officers to continue possessing high capacity magazines.