Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General DIANE E. EISENBERG Deputy Attorney General THE HONORABLE WILLIAM D. GORE, SHERIFF OF THE COUNTY OF SAN DIEGO, has requested an opinion on the following question: Is a peace officer who purchases and registers an assault weapon in order to use the weapon for law enforcement purposes permitted to continue to possess the assault weapon after retirement? CONCLUSION A peace officer who purchases and registers an assault weapon in order to use the weapon for law enforcement purposes is not permitted to continue to possess the assault weapon after retirement. *Page 2 ANALYSIS Introduction The law of this state governing the sale and possession of assault weapons is contained in legislation commonly known as the Assault Weapons Control Act (Act). 1 The Act generally makes possession of assault weapons an offense, subject to certain exceptions. Pursuant to an exception contained in subdivision (f)(1) of section 12280, peace officers of designated agencies may possess and use the agency's assault weapons for law enforcement purposes. A second exception, contained in subdivision (f)(2) of section 12280, permits a peace officer employed by one of the…