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View Full Version : excemption for active duty military transfering to california?


Noonanda
08-30-2005, 11:12 AM
About 6 months ago I came across something having to due with active duty military transfering under orders to California were excempted from the Ca assault weapon ban. There was a specific form that needed to be filed prior to the rifle coming into california. I have permanent change of station(PCS) orders for Camp pendleton in March, and am wanting to bring my Semi-auto AK-47 that was legally purchased here in oklahoma. does anyone know what form it is that I need to fill out??

bwiese
08-30-2005, 11:23 AM
Hi...

You can call DOJ Firearms Div - the Assault Wpn Reg. & Special Weapon Permits dept is at
916-227-3694.

Do note that while there is a way for military folks to have personal AWs in CA, I have seen no provision for hicap magazine importation in the law. Thus you will (with preapproval) be legal to bring in an AR, AK, etc. but you'll be restricted to 10rd magazines as there is no exemption in the hicap magazine law for importation.

Bill Wiese
San Jose

Noonanda
08-30-2005, 11:48 AM
I can live with that, at least I'll have an AK in cali lol

stator
08-30-2005, 6:47 PM
Isn't PCS orders received for those who are getting their last duty station before retiring?

If this is your case, you should have only two years before you will have to dispose, sell/move your AWs out of state. Once you retire/or leave active duty status and remain in this state, you become a resident and will be subjected to the AWB like the rest of the commoners.

I believe military active duty AW registrations are only good for two years and must be renewed. At renewal, you must still be active duty.

Noonanda
08-31-2005, 8:37 AM
no PCS just means Permanent Change of Station, Im gonna do 20, reenlisted in june for another 3 yrs, that will only put me at 15, so Im good to go.
Does anyone have the link to the form I need to fill out, I couldn't find it on the firearms webpage for Cali DOJ/AG/firearms

Pthfndr
08-31-2005, 6:08 PM
You should just call the CA DOJ Firearms division and ask them to mail you the forms.

I also suggest you post your question over on AR15.com, in the California Hometown forum. Ask for Paul to respond. He's a recently retired Master Chief who brought his firearms in this way. Still lives near San Diego. He can give you all the info you'd need to do this.

psssniper
08-31-2005, 9:56 PM
noonanda
email me and I will hook you up with a USMC Lt Col who is also an FFL and a calif assault weapons guy and he is stationed at Pendleton. He HAS the answers and can help you through the process. From what I have heard CAL DOJ is NOT very helpfull regarding this process.

psssniper at yahoo dot com

50 Shooter
09-01-2005, 2:44 AM
And for the record, you don't have to be in the Military to bring in AW's to Kali.

If you contact the CAL DOJ before you get here and get the forms into them in advance and they approve them you're good to go. Call and ask, if they try to give you $h*t about it tell them you want to speak to a supervisor.

If you don't get the forms in on time, you can still bring them but a Kali AW FFL will have to hold them until they are approved.

Librarian
09-01-2005, 11:25 AM
If you contact the CAL DOJ before you get here and get the forms into them in advance and they approve them you're good to go.
Of course. So long as DOJ will appprove MACHINEGUN PERMIT you'll be fine.

Otherwise, it's in for a competition and back out again, or in and back out in 90 days or less.

bwiese
09-01-2005, 1:07 PM
Librarian...

Awhile back I thought the AW permit for military folks (for private use) was yet another incorrect "gunshop rumor".

But it is indeed true, there is law/regulation supporting this. .MIL people stationed here can get a special permit allowing AW ownership.

However, there were no exceptions made for hicap mags since that's subject of other law(s). While the DOJ may breeze over that issue, I still think a .MIL person could be at legal risk for bringing in/acquiring hicaps for their legally-imported AW.

Bill Wiese
San Jose

Librarian
09-01-2005, 3:17 PM
Formerly... said "you don't have to be in the Military to bring in AW's to Kali", which is true if you are a shooting competitor just here for a while, or a licensed AW dealer, or LEO-with-letterhead request, or if you get a machinegun permit.

50 Shooter
09-01-2005, 3:34 PM
If someone wanted to move here and bring their AW's they would need to get the forms. Once filled out they could send them back in for approval. This has nothing to do with being in the Military.

This is legit, call CAL DOJ and ask. Tell them you have a friend that's going to be moving here and wants to bring his AW's.

imported_Telpierion
09-01-2005, 3:34 PM
Noonanda, This is a bit off the subject but you should look at the DOJ list of approved handguns. If there is anything you want that is not on the list you should get it before you move as you will be SOL once you get here.

bwiese
09-01-2005, 3:49 PM
Formerly known as 50 Shooter wrote:
If someone wanted to move here and bring their AW's they would need to get the forms. Once filled out they could send them back in for approval. This has nothing to do with being in the Military.


Not true. .MIL has EVERYTHING to do with this. Mere mortals can't move into CA w/AWs. AW permits will NOT be given. Permits are for supposedly valid business reasons - "I wanna bring my AR in" ain't valid.

And for the record, you don't have to be in the Military to bring in AW's to Kali.

Again, for the record, not true. See above - and below for explanation.

If you contact the CAL DOJ before you get here and get the forms into them in advance and they approve them you're good to go. Call and ask, if they try to give you $h*t about it tell them you want to speak to a supervisor.

Yes, they may actually send you the forms.
Getting them approved is a horse of a different color.

Anyone not in .MIL moving into CA simply cannot bring in AWs. (There is a limited exemption for short-term shooting competitions by sanctioned bodies. Don't just bring in an AW cuz you wanna shoot in the woods with your buddies.)

There is a permitting process for AWs and machineguns, but no one will ever receive permission. You might get one if you were an AW dealer, but even that's iffy...

Simply put, if you have an AW and are moving to CA, there's essentially no way you can bring it to CA and retain it. DOJ will not give you permisison. After all, the specific 'legislative intent' of Roberti-Roos and SB23 was to stop all importation and further transfers of AWs in CA.

There are laws/procedures for active-duty .MIL people to bring in personal/private AWs (but not hicap mags!!) for the length of their assignment. If they go out of service in CA, they have to move their AWs out of CA. There is a special form for .MIL folks to do this - it's not on DOJ website, have to ask DOJ AW unit for it.


If you don't get the forms in on time, you can still bring them but a Kali AW FFL will have to hold them until they are approved.


Getting the forms is irrelevant. THEY WILL NOT BE APPROVED.

Also, the CA FFL dealer would have to also hold a Calif Assault Weapons Permit. And he ain't gonna accept the rifle for a regular mortal trying to move into CA, since it ain't gonna happen.

I would really really love to see one SPECIFIC, DOCUMENTED example (an email contact will work fine) of ANYONE that's not a special person (LEO, .MIL, or dealer) who has moved into CA since SB23 who got an AW permit to acquire or import an AW. (Or, a permit for a Roberti-Roos listed gun after 1991.) [This does not mean having existing AWs before 12/31/2000 and registering them, we've all done that...]


Bill Wiese
San Jose

50 Shooter
09-01-2005, 7:27 PM
The specific location of the law is, Dangerous Weapons Control Law, Article 3, Section 122276.5

Librarian
09-02-2005, 4:25 PM
The specific location of the law is, Dangerous Weapons Control Law, Article 3, Section 122276.5
Extra 2 in there ... and that section seems wrong. 12276.5. (a) Upon request by the Attorney General filed in a
verified petition in a superior court of a county with a population
of more than 1,000,000, the superior court shall issue a declaration
of temporary suspension of the manufacture, sale, distribution,
transportation, or importation into the state, or the giving or
lending of a firearm alleged to be an assault weapon within the
meaning of Section 12276 because the firearm is either of the
following: [etc] More applicable is 12285: (b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who (A) obtains title to
an assault weapon registered under this section or that was
possessed pursuant to paragraph (1) of subdivision (f) of Section
12280 by bequest or intestate succession, or (B) lawfully possessed a
firearm subsequently declared to be an assault weapon pursuant to
Section 12276.5, or subsequently defined as an assault weapon
pursuant to Section 12276.1, shall, within 90 days, render the weapon
permanently inoperable, sell the weapon to a licensed gun dealer,
obtain a permit from the Department of Justice in the same manner as
specified in Article 3 (commencing with Section 12230) of Chapter 2,
or remove the weapon from this state. A person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to Section 12276.5 may alternatively register the
firearm within 90 days of the declaration issued pursuant to
subdivision (f) of Section 12276.5.

(2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> 12230. The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance thereof to the
applicant for the permit, but no permit shall be issued to a person
who is under 18 years of age.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter. </div></BLOCKQUOTE>

Noonanda
09-06-2005, 11:34 AM
well I recieved my mil excemption paperwork today. cant turn it in until I actually transfer to cali, but heck getting the paperwork is half the struggle. 1 question about the figerprinting, where can I go to have this done, ie do police stations do this for you???

bwiese
09-06-2005, 12:08 PM
Hi...

Originally posted by Noonanda:
well I recieved my mil excemption paperwork today. cant turn it in until I actually transfer to cali

Can you please scan the form and attached letter and post them here or email them to someone who can? Interesting to see how they differ from the orig civilian AW app.

question about the fingerprinting, where can I go to have this done, ie do police stations do this for you???

I believe there may be a few certified commercial places that can do this but I'd bet 90+% of CA fingerprinting is done but police stations/sheriff's depts.

I am not sure and would appreciate others chiming in here but you may need to be fingerprinted IN California, and not sure whether an outside-CA agency's fingerprints may be honored by DOJ...


Bill Wiese
San Jose

Noonanda
09-07-2005, 6:30 AM
I'll try to scan em, there was about 8 pages, 2 were the fingerprint ones, 1 was the application, and the rest was regulations pertaining to the application

CalExile
02-15-2006, 5:20 AM
I am getting orders in, and would greatly appreciate the LTCOL's contact info.
Thanks.