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View Full Version : So I called the DOJ yesterday...


ChuckBooty
02-26-2009, 7:04 AM
...to ask the criteria for getting a Military AW Permit. The woman that I spoke to was actually VERY nice. She told me that the only criteria was to be active duty and stationed in California. She said nothing about having to own the weapon before hand or anything like that. I asked her to mail me an application packet (gave her my business address....just in case).

While I had her on the phone, I asked her about the use of the bullet button. She said that the DOJ has no issued an opinion on that matter and that it's up to the county DA to make that decision (whether or not to charge someone w/ an illegal AW if they have a BB). I asked if a bullet would qualify as a tool. She kinda did a little verbal dance and said, "...well, I mean, it only takes a second to detach the magazine..sooooooo.....". Not wanting to appear combative (she WAS a nice lady) I said, "So you're saying it's a grey area and that you, yourself wouldn't try it". She said, "Yes". And then she said, "You qualify for this AW permit, so I would just go that route...it's much safer".

Now I'm not 100% sure I even WANT the Military AW permit. I don't really want my guns registered like that...and I want to be able to add rifles to the permit, something that I'm not sure I'm able to do (anyone know?).

So there ya go....just thought you may be interested in this little exchange.

CCWFacts
02-26-2009, 7:07 AM
The woman that I spoke to was actually VERY nice.

The times I have called the BoF, they have always been super-nice and helpful, really a model of customer service. I called to get a reprint of my AW reg letter. They picked up within a couple of rings, found the records instantly, and I had it in my mailbox in a couple of days. No charge.

If they could ever run our CCW program, and run it that way, it would be awesome.

Whiskey_Sauer
02-26-2009, 9:22 AM
The times I have called the BoF, they have always been super-nice and helpful, really a model of customer service. I called to get a reprint of my AW reg letter. They picked up within a couple of rings, found the records instantly, and I had it in my mailbox in a couple of days. No charge.

If they could ever run our CCW program, and run it that way, it would be awesome.

I think things could change once Brown is out, and a new AG is in.

I have a feeling that Jerry is, if not overtly pro-gun, is quietly willing to acquiesce to us on the grounds that it's just not worth the hassle.

PolishMike
02-26-2009, 9:28 AM
I asked if a bullet would qualify as a tool. She kinda did a little verbal dance and said, "...well, I mean, it only takes a second to detach the magazine..sooooooo.....".



A bullet is specified BY LAW as a tool. A bullet is the ONLY tool specified by law.

bwiese
02-26-2009, 10:55 AM
Do not expect clerical folks to understand nuances of the law.

sorensen440
02-26-2009, 11:00 AM
Do not expect clerical folks to understand nuances of the law.
Or the non clerical folks at the DOJ either :p

Vtec44
02-26-2009, 11:14 AM
While I had her on the phone, I asked her about the use of the bullet button. She said that the DOJ has no issued an opinion on that matter and that it's up to the county DA to make that decision (whether or not to charge someone w/ an illegal AW if they have a BB). I asked if a bullet would qualify as a tool. She kinda did a little verbal dance and said, "...well, I mean, it only takes a second to detach the magazine..sooooooo.....". Not wanting to appear combative (she WAS a nice lady) I said, "So you're saying it's a grey area and that you, yourself wouldn't try it". She said, "Yes". And then she said, "You qualify for this AW permit, so I would just go that route...it's much safer".

Interesting, because on page 80 of the California Assault Weapon Identification Guide (http://ag.ca.gov/firearms/forms/pdf/awguide.pdf) from CA Attorney General Office, specifically stated that "A bullet or ammunition cartridge is considered a tool". It seems like they're not even clear on the laws.

AJAX22
02-26-2009, 11:16 AM
I'm not saying the DOJ lacks credibility.... but.. If I asked the DOJ to confirm for me that the sun rises in the east, the sky is blue and the ocean is wet, I'd still have to get a second opinion from a top rated legal counsel before I could believe them....




If you call the DOJ to ask the weather and they tell you there is a blizzard outside, make them put it in writing and don't forget to pack your speedo (just in case).

CA_Libertarian
02-26-2009, 12:21 PM
Do not expect clerical folks anyone to understand nuances of the law.

I don't think there are very many attorneys that understand the nuances of CA gun laws, so... fixed.

:D

pullnshoot25
02-26-2009, 12:36 PM
The times I have called the BoF, they have always been super-nice and helpful, really a model of customer service. I called to get a reprint of my AW reg letter. They picked up within a couple of rings, found the records instantly, and I had it in my mailbox in a couple of days. No charge.

If they could ever run our CCW program, and run it that way, it would be awesome.

Must have caught them all on a bad day, they treated me like crap and lied.

artherd
02-26-2009, 1:13 PM
Do not expect clerical folks to understand nuances of the law.

Or the lead consul for that matter ;)

artherd
02-26-2009, 1:14 PM
...and I want to be able to add rifles to the permit, something that I'm not sure I'm able to do (anyone know?).

Yes, you can add more anytime you like. You must individually register each one.

GuyW
02-26-2009, 1:25 PM
...they treated me like crap and lied.

Well - that IS in their Mission Statement...
.

dexter9659
02-26-2009, 10:46 PM
If you were to call the DOJ and ask them what their shoe size was, they would have to ask a supervisor... even then their answer would be FUD.

zatoh
02-26-2009, 11:06 PM
I had a great experience with their technology branch when asking about the Cz82.

tombinghamthegreat
02-27-2009, 3:04 PM
Why don't you just buy a featureless (look at the AW chart)AK/AR style rifle with a detachable mag? Here is my RAA saiga with a detachable mag, CA legal. ALSO the DOJ are not experts on the law nor are they there to provide legal advise, only a lawyer that understands firearm law can do that.

http://i464.photobucket.com/albums/rr7/sealofawesomeness/Picture158.jpg

skem2008
02-27-2009, 3:27 PM
here is what I found on Military AW permit

About the California Military Assault Weapon Permit
This is a skeleton of a pending article. MAWP's aren't very well documented, and I intend to correct that for the sake of unformed servicemembers stationed in California.


Intended Use of the Military Assault Weapon Permit
The intended use of the MAWP is to allow active duty personnel from other states, to bring their personally owned weapons into California while they are stationed here, and then leave with them afterwards. It is not a permit to buy new weapons, nor are you allowed to keep the weapons should you move to California after you are no longer on active duty. It is important to note that the MAWP is intended to allow you to own guns which you can own in your home state. This is important; the MAWP does not give you any more leniency than your home state naturally provides, with regards to assault weapons.

State of Residency
It is important to be aware that you must have a state of residence in which assault weapons are legal, in order to get one of these permits. If you are a Californian service member, then the MAWP does nothing for you because your home state prohibits assault weapons.

About Magazines
It is VERY important to note that although the MAWP allows you to bring in assault weapons, it does NOT allow you to bring in large capacity magazines (i.e. magazines with over 10 rounds capacity). You may disassemble and retain the parts of the large capacity magazines disassembled, but any assembled magazines you possess in California must be either magazines you've owned in CA prior to 2000, or have a maximum capacity of 10 rounds.

Who to Contact
You'll want to call (916) 263-8100, which is the "Assault Weapon Registration and Special Weapon Permits" line.
The point of contact USED to be Yolanda Garcia, but she's no longer there; Terry is now the proper POC.