On July 3rd, the CRPOA, along with one of its members, filed its legal brief in the pending legal proceeding against the California DOJ seeking to enforce California law which provides an exemption to authorized law enforcement officers, including reserve peace officers, to acquire patrol rifles for use in their duties. We are represented by Sean Brady at the law firm Michel & Associates. The brief can be found here . The hearing on this matter is scheduled for August 31, 2017.
As the brief explains, California Penal Code Section 30630(b)(1) provides an exemption to the prohibition on the acquisition of “assault weapons” to “sworn peace officer member[s]” of police and sheriff’s departments, yet beginning in 2016 the California DOJ inexplicably began to refuse to recognize this exemption for reserve peace officers even though they have been authorized by their departments to acquire this equipment for their law enforcement duties. CRPOA, together with one of its members, brought this action in order to compel the California DOJ to recognize this exemption.
Not only is the California DOJ’s practice not permitted by California law (as the brief asserts), we believe it has the effect of undermining the authority of police chiefs and sheriffs to determine the training, equipping and deployment of its reserve police officers, reserve sheriff’s deputies and other reserve law enforcement officers in the field. We also have been informed that many reserve peace officers who previously were equipped with patrol rifles to perform their duties no longer have access to these rifles, leaving them, their fellow fellow officers and the public at a clear disadvantage when confronted by criminals with superior firepower, as was the case in the San Bernardino terrorist incident and which, unfortunately, undoubtedly will occur again.
If your Department supports us in this matter, please let me know. We will keep you updated with developments in the case.
Jim Rene, CRPOA General Counsel
If you have any thoughts or comments, please let us know.
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