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View Full Version : A question on "assault weapons" and being in the military.


bitfreakazoid
05-25-2012, 8:20 PM
Ok. So I am in the Navy and stationed in San Diego. California is not my state of residence. Now I know that California has a special rule on the minimum length of the rifle. Since I'm in the military and California is not my home state, which means that I am allowed to bring in one of those dreaded assault rifles as long as I register it first with the state.
Now, does anybody know if the assault weapons permit covers their special definition of a short barreled rifle? Or, since California is calling it an SBR, does it fall out of the scope of the permit?
Also does anybody know if it allows me to bring magazines, or in lawyer speak an ammunition feeding device, that is over 10 rounds?
Thanks.

alfred1222
05-25-2012, 8:52 PM
I'm pretty sure that any weapon issues to you in accordance with your duties in the military is exempt from any ban in California. I know police on SWAT teams have SBR's with suppressors and regular capacity (30 round) mags, so I'm pretty sure ,military personnel can as well

kwansao
05-25-2012, 8:55 PM
I think your personal weapons are not exempt.

unusedusername
05-25-2012, 9:09 PM
Weapons issued by the military to active duty personal stationed in CA are exempt from all of CA's silly laws.

Your personally owned stuff is not exempt. You need to apply for one of these (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/mawpapp.pdf) for your personal stuff, unless you make it compliant with the law using the flowchart (http://www.calguns.net/caawid/flowchart.pdf).

kcstott
05-25-2012, 9:18 PM
I think your personal weapons are not exempt.
Yes
Personal weapons are not exempt. What ever you own and bring into this state must pass muster.


Please look at the flow charts above right below all the advertising in the dark blue bar.

Now that said in every one of our states laws there is a series of exemptions.
They go something like this.
No part of this section shall be construed to include peace officers or military personnel while on duty or in the commission of their duties.

It not word for word but it's close and it basically means that if you are in possession of say M4 mags that were issued to you for duty. They you are fine. If how ever you decide to use said USGI mag in your personally owned rifle you would be in trouble. Essentially because you would have imported the mags into the state. Using them outside of your duties.
Now that said I'm not a lawyer and have been known to be wrong in the past.
My advice is leave anything that is not CA legal out side the state till you move back out.

bitfreakazoid
05-25-2012, 9:19 PM
I'm not talking about issued firearms. I'm talking about bringing in my personaly owned "assault weapon" and registering it with this: Your personally owned stuff is not exempt. You need to apply for one of these for your personal stuff,
I'm asking if that permit allows me to bring in those two things I mentioned.

FYI The dead line to register AW is long since over. You can not bring a new weapon in and register it.

There is an exemption for people who are not a resident of this state but are stationed here, since we didn't have any choice to come here.

RickD427
05-25-2012, 9:37 PM
Ok. So I am in the Navy and stationed in San Diego. California is not my state of residence. Now I know that California has a special rule on the minimum length of the rifle. Since I'm in the military and California is not my home state, which means that I am allowed to bring in one of those dreaded assault rifles as long as I register it first with the state.
Now, does anybody know if the assault weapons permit covers their special definition of a short barreled rifle? Or, since California is calling it an SBR, does it fall out of the scope of the permit?
Also does anybody know if it allows me to bring magazines, or in lawyer speak an ammunition feeding device, that is over 10 rounds?
Thanks.

First the good news - Thank you for your service to our country.

Now the bad news - There is no "exemption" from our assault weapon laws for military members. There is the availability of a DOJ permit to possess an assault weapon while stationed in California. That permit only allows possession of a lawfully configured assault weapon. It does not permit possession of a machine gun or SBR. The main problem with the military permit is that it requires endorsement by your "Base Commander" and one of the certifications the base commander has to make is the AW is required for the performance of your duties. Good luck getting the "Base Commander" to sign off on the "necessity" issue. No base commander, in their right mind, would put themselves in a position where they would have to explain why it was necessary for a member to personally purchase an assault weapon for official duties instead of being issued one. You're also affected by the Navy's command re-alignment of recent years. Navy Base San Diego has 180 subordinate operational and support commands. It's not one of those 180 unit commanders that's required to sign off on the application. It's the "Base Commander". For San Diego, that's CAPT Smith - and he has a full legal staff to review what he signs - see where this is going? Wish that I had better news.

On the other hand, San Diego is a great place to serve. I had assignments at ATGPAC and NCWG-1. There's a lot to do there, and excellent support. I'm sure that you will have an enjoyable tour there.

bitfreakazoid
05-25-2012, 10:03 PM
. The main problem with the military permit is that it requires endorsement by your "Base Commander" and one of the certifications the base commander has to make is the AW is required for the performance of your duties

This is the first time I've read that requirement. Just did a little more research and I discovered this to be true. Grahhhhh!!!! Damn you California! I hate this state so much.

Well, I guess that pretty much answers my question. I'm seriously putting some thought into making my residency in Arizona near the California border and simply making the roughly 3 hour drive on the weekends.

Capybara
05-25-2012, 10:30 PM
Arizona is a firearms Utopia in comparison.

kwansao
05-26-2012, 1:25 AM
Just go featureless.

ap3572001
05-26-2012, 9:05 AM
Personal weapons IN CA must comply with local laws....

Here is the picture.

I am ISSUED a pistol that is NOT on the roster and that HAS several STD CAP magazines. It belongs to the department , but I am welcome to carry it off duty anywhere in the US. I can also buy and own ANY handgun with ANY magazines and it does not matter if I use it on/off duty or not.

When it comes to AW's it is VERY different.

If I check out an AR, M4 or an MP5, they belong to the agency and agency KNOWS that I have it and it is OK with the agency.

When it comes to my own rifles I MUST follow the same laws as anyone else.

TNP'R
05-26-2012, 9:09 AM
I'm pretty sure that any weapon issues to you in accordance with your duties in the military is exempt from any ban in California. I know police on SWAT teams have SBR's with suppressors and regular capacity (30 round) mags, so I'm pretty sure ,military personnel can as well

That should be unconstitutional.
Thomas Jefferson "Tyranny is defined as that which is legal for government but illegal for the citizenry."

bitfreakazoid
05-28-2012, 7:26 PM
Just go featureless.

Still being rather new to all of these crazy California laws and the things required to not violate them, what does it mean to go featureless?

cdtx2001
05-28-2012, 7:32 PM
Still being rather new to all of these crazy California laws and the things required to not violate them, what does it mean to go featureless?

Featureless means getting rid of the "evil features" of an assault weapon.

Pistol grips- replace with a Monster Man grip
Folding stock- replace with fixed/ A2 stock
Flash suppressor- replace with compensator or remove all together
Forward grip- remove

ar15robert
05-29-2012, 12:02 PM
Featureless means getting rid of the "evil features" of an assault weapon.

Pistol grips- replace with a Monster Man grip
Folding stock- replace with fixed/ A2 stock
Flash suppressor- replace with compensator or remove all together
Forward grip- remove

If you have a registered assualt weapon under sb23 it doesnt matter what is on it anymore since the fed ban sunsetted.

Now for the original poster if his rifle is a listed gun then it doesnt matter what he does to make it legal here it will still have to get a temp permit.If its an OLL he wont have to do any of what you mention just add a bullet button and keep all the evil features

lhecker51
05-29-2012, 4:36 PM
Weapons issued by the military to active duty personal stationed in CA are exempt from all of CA's silly laws.

Your personally owned stuff is not exempt. You need to apply for one of these (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/mawpapp.pdf) for your personal stuff, unless you make it compliant with the law using the flowchart (http://www.calguns.net/caawid/flowchart.pdf).

Very true. One thing you must consider: Many state and local politicians here in California are not friendly to the plight of a military service member otherwise they would have exempted the military. I had many AR's during my over 20 years in active duty and was lucky enough to not be stationed in California after I acquired them. Our leaders here are not interested in the fact that we move constantly and do not care if it is an undue burden.

The only hope for military members is for the federal government to preempt the states military unfriendly laws. Many California politicians know that you have no choice in where you are stationed and could care less.