View Full Version : illegal to sell PR-24?
Johnny_Danger
12-21-2005, 22:01
Do you guys know if it is legal to sell a PR-24 on eBay?
Kahuna5150
12-21-2005, 22:14
Depends on the laws of the state of the person you are selling it to. I see your location is here in CA. So 12020 PC would definitely cover the felony section for possession of it here in CA. If you sell it to a licensed security guard, police officer, or other exempt party here in CA you'd be fine. If you sell it to someone out of state that it isn't illegal you'd be fine.
Problem here is if you are not legally able to have it (not exempt, officer, etc) and you drive it to the person who buys it and/or to the post office, fedex, etc. to mail it, you can be hit with the felony yourself (as unlikely as it may be).
Kahuna
A freakin felony for possession of a PR24? Thats crazy!!!
Johnny, since you are a police officer recruit, I would suggest an excess of caution in selling any gear, including a PR 24, on ebay or any public auction site. On the one hand, as Kahuna notes there may be any number of legal issues that pop up locally. On the other, there is the appearance of making gear available to whoever through a public auctions. There may be absolutely nothing wrong with it, but the appearance raises questions that are best avoided by someone who wants to get behind a badge or lives behind one. Potentially more pain than profit, even if only temporary and not long lasting.
May not get top $, but seeing if a local police supply house will take it as used or as a trade on something or if a local department will let you post it on the bulletin board for officers may prove a better path.
A freakin felony for possession of a PR24? Thats crazy!!!
We have a very broad weapons law here in CA, 12020 PC. 12020 covers everything ranging from billy clubs to sawed off shotguns and all kinds of weapons in between. Even the dreaded Shobi Zue is illegal to possess here. While we refer to it normally as a felony it is really what we call a wobbler crime. Wobblers are felonies that can be reduced to misdemeanors at the discretion of the DA or sometimes the judge. Possession of a PR-24 by a non crook would be an example where the DA would file this crime as a misdemeanor or if the DA charged as a felony the judge would most certainly overule and drop to a misdemeanor. My very first felony arrest was for 12020. Four weeks into FTO I found a guy with a zip gun. You guessed it, also a violation of 12020 PC. The DA didn't drop that one to a misdemeanor.
Johnny_Danger
12-23-2005, 00:18
Yeah, I'm not going to do it. I'm not gonna put myself out there for a possible felony for just for $30 bucks!
It was more of a curiousity thing. If anything I may just check around the station to see if anyone wants it...
Kahuna5150
12-23-2005, 03:36
Johnny,
Just an idea... When I was in a local police academy here in CA, we saw a lot of recruits (myself included) that rushed out to buy as much equipment as possible. Those of us that went through as independents (no agency affiliation) were later hired by an agency and issued all the equipment we wanted/needed. Then we found ourselves with a lot of stuff with either didn't need (as we got the same thing issued to us) or couldn't use (such as the PR-24 not being an authorized impact weapon at your new department). You would then see it up for sale at the academy on the for sale bulletin board.
People listed everything from books to academy uniforms for sale. Along with batons, guns, etc. (Guns were transferred through an FFL). I think you'd be pretty safe if you were to sell to another academy cadet if they were going to be using the item in the academy...
I also agree with you... For $30.00 it just isn't worth the trouble...
Kahuna
k9cop21811
12-23-2005, 08:37
Privately owned guns are/were transferred through FFL's in CA? I wish that were the case everywhere.
Cornbelt
12-23-2005, 09:08
Even if your state permits the sale of a PR-24, Ebay's own "No police items" policy will kick in and your auction will be canceled.
Kahuna5150
12-23-2005, 13:54
Privately owned guns are/were transferred through FFL's in CA? I wish that were the case everywhere.
Yeah... CA gun laws have been (and especially now since the AWB sunset) more strict than federal law. Both people have to meet at the gun store (FFL) and the gun is dropped off. The buyer fills out the DROS forms and has to wait the 15 days to pick it back up. This had been the only way I thought guns could be transferred until I saw ads for some states that merely require the buyer and seller to meet for the exchange (no paperwork).
Kahuna
cpwclarke
12-24-2005, 11:47
Yeah... CA gun laws have been (and especially now since the AWB sunset) more strict than federal law. Both people have to meet at the gun store (FFL) and the gun is dropped off. The buyer fills out the DROS forms and has to wait the 15 days to pick it back up. This had been the only way I thought guns could be transferred until I saw ads for some states that merely require the buyer and seller to meet for the exchange (no paperwork).
Kahuna
I believe in Texas you can do a private sale between two people. Probably only need a bill of sale, if that.
Once we get to guns there are an even greater number of both legal and perceptual traps for LE officers. Best practice is to put the sale through a dealer and have an instant background check done on the purchaser. Up the road, gun winds up in a bad place, you went the extra mile when you transfered it and the trace record exists to establish that. Depending, you don't have to do it, but it is better than leading Libel at Five News with "Cop Sold Murder Gun on the Street."
cpwclarke
12-24-2005, 14:40
Once we get to guns there are an even greater number of both legal and perceptual traps for LE officers. Best practice is to put the sale through a dealer and have an instant background check done on the purchaser. Up the road, gun winds up in a bad place, you went the extra mile when you transfered it and the trace record exists to establish that. Depending, you don't have to do it, but it is better than leading Libel at Five News with "Cop Sold Murder Gun on the Street."
Excellent point.
Renegade
12-25-2005, 18:15
I believe in Texas you can do a private sale between two people. Probably only need a bill of sale, if that.
Yep, we are still a free state. Don't even need a BOS.
jesseskid
12-28-2005, 04:18
Yeah... CA gun laws have been (and especially now since the AWB sunset) more strict than federal law. Both people have to meet at the gun store (FFL) and the gun is dropped off. The buyer fills out the DROS forms and has to wait the 15 days to pick it back up. This had been the only way I thought guns could be transferred until I saw ads for some states that merely require the buyer and seller to meet for the exchange (no paperwork).
Kahuna
Actually, it's 10 days. Many Californians think it's either 15 or 30 days. Happy New Year everybody. :)
Slimcakes
12-28-2005, 11:01
Yep, we are still a free state. Don't even need a BOS.
God Bless the free states.
vBulletin® v3.6.8, Copyright ©2000-2010, Jelsoft Enterprises Ltd.