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  • shonc99
    Senior Member
    • Jun 2006
    • 552

    Military Exemption For Aw!!!!

    EDITED 9-25-07.

    After renewing my initial permit and sending a letter with questions for clarification, here is the most comprehensive info I have.

    Military Assault Weapons Permit (MAWP)

    Active duty, non-CA resident military members may apply for this permit. You must call the CA Division of Firearms to get the permit application.

    The permit application consists of 2 FBI fingerprint cards (same type of cards for security clearance applications), an application form and a listing of the pertinent statutes relating to the application and the permit. It currently costs $78 for the permit and there is no renewal fee provided that the renewal form is returned on time. You have to mail everything above back as well as a copy of your orders.

    Notes:
    1. This is a permit for what you already have, not a license to purchase other AW's after you get it. (that would be a AW license which is something different)
    It does NOT state that you had to own the particular AW's BEFORE being stationed here in CA.
    -I had been here in CA for 10 years when I got the permit and I didn't get into guns until 2 years ago-
    SO- what this means is that you need to make sure you own every AW you would want before you return the registration form.

    2. If you have something that would be banned if you added evil features (SB23 law) then you should register them even if you don't think you would want the features later. (It's always better to have the ability to add the "evil" features if you want to.)
    -Things like a M-14 SOCOM or Ruger Mini-14 are sometimes nicer with a pistol grip/ folding stock. There are other things like a pistol with a threaded barrel which would apply here as well.

    3. There is nothing indicated on the form as to a limit to how many firearms you may register. The application form I got was a copy of a copy which struck me as odd, but the form states, "use additonal sheets as necessary" right under the three initial lines for firearms info. I initially (Note A.) registered 5 firearms. More on that below.

    4. On the registration form it states make, model, serial number and caliber. If you are registering an AR or other multi-caliber firearm, list all the possible calibers. For my AR's I put .223, .224, 50BEO (Beowulf), 9mm, 7.62X39, 22LR- etc.
    -When the permit (a letter actually) comes back it will list "multi" under the caliber. What this means is that if you have an AR type of firearm, you could put ANY caliber upper- including a 50BMG. But, this is actually a moot point as you can also register a Barrett 50 cal as it is also an AW.

    5. It currently costs $78 for the permit and is free to renew. It has to be renewed yearly and they send the renewal out 2 months before the expiration. They want it back before 30 days out. If it is returned within 30 days of the expiration you have to pay something like $25 and if it doesn't get back before the expiration date, you have to pay $78 before they will send out the renewed permit.

    6. If you get out or retire, the firearms have to go. Reserves are not eligible, Active duty only. Also, while I do not have a CA drivers license, having own doesn't seem to disqualify. It is wherever you pay state taxes to, IE your home or record. Also, there isn't anything that states you can't change your residency before applying, nor how much time you would have to wait before applying. The issue here is changing your state of residency through the Military.

    7. If you are transferred out of CA, you need to let Yolanda know so she can remove you from the permit list. If you get transferred back at a later date you will have to re-apply for a new permit for the firearms you own at THAT point (at least the ones you want to register) In a letter I wrote, the response back did not indicate how long you had to be stationed OUT of CA before re-applying for a new permit. If I am not mistaken, the ATF requires you to live the preceeding 30 days in the respective state before you are considered a resident. (I do not know how the military TAD/TDY affects this)

    (Note A.) When I got the renewal I called Yolanda to ask if I should renew because I thought I might be transferred within the next year. I also asked her if I should renew since there were firearms that I didn't register because I didn't think I would want them here. Her reply was that I could add them- even though the form and asssociated paperwork seemed to state otherwise. She refered to the fact that I had to have owned them before getting the initial permit and sice I did, I could add them. Without saying so, it seemed as if you could change what you had on the permit so long as you owned the firearms before getting the first initial permit. This would allow you to rotate the weapons that you again- already owned and not have to keep them here at all times. But, just because you have them on the form doesn't mean that you can't store them out of state. This is the better option as you don't have to worry about making changes every year which the DOJ might question.

    So, before you turn the form in, make sure you own everything you would want. Also, it doesn't matter if you are registering a complete firearm or bare receiver. If you can't afford a complete particular firearm, just get the bare receiver.

    I do not know about home-made firearms, but if they have a serial number and the mfg (you) then you might be good to go. The DOJ would be better able to answer that.

    Also, Class II firearms, such as supressors, SBR's, DD's and AOW's are NOT covered under this permit.

    Read and re-read this a few times and then ask questions if you have them.
    Last edited by shonc99; 09-25-2007, 1:51 PM.
    Originally posted by randy
    I move slow but I make up for it by shooting poorly.
    Originally posted by Walter Sobchak
    "Saturday, Donny, is Shabbos, the Jewish day of rest. That means that I don't work, I don't get in a car, I don't fn'g ride in a car, I don't pick up the phone, I don't turn on the oven, and I sure as sh[t DON"T FN'G ROLL!!"
  • #2
    ohsmily
    Calguns Addict
    • Apr 2005
    • 8939

    I might be missing something, but....

    There are no "OLLs" outside of a CA. A Lauer is the same as a Colt lower in another state. This doesn't change anything. I think are you confused.

    In all three of the situations above, the person could buy any AR-15 they want and seek an AW exemption for active duty military, regardless of whether it is Colt or Stag. This is old news.
    Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

    Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

    Comment

    • #3
      shonc99
      Senior Member
      • Jun 2006
      • 552

      My mistake

      I haven't found the other thread with the AR-15 link but I thought this was something that others did not know about. Yes, OLL is something that applies to this state only. I stated someone buying an OLL outside CA to avoid confusion about military members not being able to register an OLL as an AW. I believed that most military people thought that they could only register a listed lower.
      Originally posted by randy
      I move slow but I make up for it by shooting poorly.
      Originally posted by Walter Sobchak
      "Saturday, Donny, is Shabbos, the Jewish day of rest. That means that I don't work, I don't get in a car, I don't fn'g ride in a car, I don't pick up the phone, I don't turn on the oven, and I sure as sh[t DON"T FN'G ROLL!!"

      Comment

      • #4
        ohsmily
        Calguns Addict
        • Apr 2005
        • 8939

        Originally posted by shonc99
        I haven't found the other thread with the AR-15 link but I thought this was something that others did not know about. Yes, OLL is something that applies to this state only. I stated someone buying an OLL outside CA to avoid confusion about military members not being able to register an OLL as an AW. I believed that most military people thought that they could only register a listed lower.
        Ah, I see what you are saying, now. However, I think people udnerstood that they could get their special registration for any firearm designated as an AW by CA law, by feature, or by list.

        It is important to note that this stuff only applies to active duty military who are stationed here who are not residents of CA (or weren't before the deployment order to CA anyway).
        Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

        Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

        Comment

        • #5
          metalhead357
          Calguns Addict
          • Jan 2006
          • 5546

          AND you might want to DOUBLE CHECK that bit about Hi-cap mags; there's NO importation to the state~ I could be wrong but I thought the military AW exemption did NOT cover that............
          I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
          I am not a number! I am a free man

          1.)All humanity would be better off if Stoooopid hurt.
          2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
          3.)Remember...Buy it cheap & stack it deep

          Comment

          • #6
            2Trips
            Junior Member
            • Aug 2006
            • 7

            Originally posted by metalhead357
            AND you might want to DOUBLE CHECK that bit about Hi-cap mags; there's NO importation to the state~ I could be wrong but I thought the military AW exemption did NOT cover that............
            That shouldn't be a problem. You should have several M-16 mags anyway.

            Comment

            • #7
              shonc99
              Senior Member
              • Jun 2006
              • 552

              What I meant was that if you already owned hi-cap mags that you could use them in a registered AW. Basically, that having the Military AW permit allows for a full "featured" AR or anything else that would be an AW by California standards.

              As a military member, if I go out of this state and back to my state of residence, I can purchase something there (following their respective laws) and then apply for a permit before bringing it into this state. I cannot sell, trade, loan etc. it here but can do whatever with it once I am over the state line.
              Last edited by shonc99; 08-08-2006, 2:07 PM.
              Originally posted by randy
              I move slow but I make up for it by shooting poorly.
              Originally posted by Walter Sobchak
              "Saturday, Donny, is Shabbos, the Jewish day of rest. That means that I don't work, I don't get in a car, I don't fn'g ride in a car, I don't pick up the phone, I don't turn on the oven, and I sure as sh[t DON"T FN'G ROLL!!"

              Comment

              • #8
                blkA4alb
                Moderator Emeritus
                CGN Contributor - Lifetime
                • Feb 2006
                • 3576

                Originally posted by 2Trips
                That shouldn't be a problem. You should have several M-16 mags anyway.
                If he never lived in California before the ban than it is impossible for him to have had them in the state then. So no, nice first post advocating something illegal as well .

                Welcome..
                Last edited by blkA4alb; 08-08-2006, 2:04 PM.
                Please, calm down.

                Comment

                • #9
                  blkA4alb
                  Moderator Emeritus
                  CGN Contributor - Lifetime
                  • Feb 2006
                  • 3576

                  Originally posted by shonc99
                  What I meant was that if you already owned hi-cap mags that you could use them in a registered AW.
                  If he is in the Military from out of California he could not have had the hi caps in the state before the ban. He would have had to have lived here since before the ban, i.e. 2000.
                  Please, calm down.

                  Comment

                  • #10
                    2Trips
                    Junior Member
                    • Aug 2006
                    • 7

                    Originally posted by blkA4alb
                    If he never lived in california before the ban than it is impossible for him to have had them in the state then. So no, nice first post advocating something illegal as well .

                    Welcome..
                    I have six M-16 magazines that I acquired last year. They were issued to me by the Marine Corps. They are in my house right now. We are talking about a military exemption, right? Military members have high-cap mags.

                    Comment

                    • #11
                      blkA4alb
                      Moderator Emeritus
                      CGN Contributor - Lifetime
                      • Feb 2006
                      • 3576

                      Originally posted by 2Trips
                      I have six M-16 magazines that I acquired last year. They were issued to me by the Marine Corps. They are in my house right now. We are talking about a military exemption, right? Military members have high-cap mags.
                      The question is whether there is a military exemption for importing hi cap magazines and I don't believe there is one. There is nothing in the law that states that it is ok for with a military AW permit to import hi cap magazines. If you can show me somewhere that there is an exemption please do.
                      Please, calm down.

                      Comment

                      • #12
                        metalhead357
                        Calguns Addict
                        • Jan 2006
                        • 5546

                        Originally posted by blkA4alb
                        The question is whether there is a military exemption for importing hi cap magazines and I don't believe there is one. There is nothing in the law that states that it is ok for with a military AW permit to import hi cap magazines. If you can show me somewhere that there is an exemption please do.
                        that is/was my take on it too.

                        As for the Marine Corp's property~ I didnt think you were allowed to take them home or use for 'personal' use
                        I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
                        I am not a number! I am a free man

                        1.)All humanity would be better off if Stoooopid hurt.
                        2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
                        3.)Remember...Buy it cheap & stack it deep

                        Comment

                        • #13
                          blkA4alb
                          Moderator Emeritus
                          CGN Contributor - Lifetime
                          • Feb 2006
                          • 3576

                          Originally posted by metalhead357
                          that is/was my take on it too.

                          As for the Marine Corp's property~ I didnt think you were allowed to take them home or use for 'personal' use
                          Exactily, I had written but deleted that the military is allowed to use hi caps on the base and for training etc. But not to issue to take home for personal use or anything of that matter. The law says that you had to have owned them before the ban. And even if the corps gave them to him it says in the law that hi caps cannot be gifted or loaned.
                          Please, calm down.

                          Comment

                          • #14
                            metalhead357
                            Calguns Addict
                            • Jan 2006
                            • 5546

                            The *only* exemption to that/mags~ if indeed one can take them home~ would be if he lived ON base.....Think that'd still fall under full federal authority and not state.......

                            Hmmmm, interesting thread
                            I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
                            I am not a number! I am a free man

                            1.)All humanity would be better off if Stoooopid hurt.
                            2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
                            3.)Remember...Buy it cheap & stack it deep

                            Comment

                            • #15
                              blkA4alb
                              Moderator Emeritus
                              CGN Contributor - Lifetime
                              • Feb 2006
                              • 3576

                              Originally posted by metalhead357
                              The *only* exemption to that/mags~ if indeed one can take them home~ would be if he lived ON base.....Think that'd still fall under full federal authority and not state.......

                              Hmmmm, interesting thread
                              Interesting yes, but it seems settled. And yes I'm sure hi caps are fine on the base as it is federally owned. I'd like to see a LEO try and take a Marines magazine on the base .
                              Please, calm down.

                              Comment

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