Acitve Duty military gun rights/acceptions

[amnnj]

I have pursued several other avenues trying to get answers to my questions before posting this. Any help would be GREATLY appreciated!

I own a Sig Sauer P226 Blackwater. This weapon comes standard with four 20 round Mags. My questions I am trying to get answered are:

1. Am I allowed to posses/own and use this weapon in California(taking into account that I'm Active Duty military stationed in California and a Resident of Arizona)?
2. If yes to question 1, will there be any complications in me trying to obtain my CCW with this weapon and utilizing the 20 round mags?

I have contacted the local Sheriff's Department 3 times. Two of the deputies responded to my questions with a "You should be fine as long as you explain your situation to the officer at the time". That's not exactly the answer I am looking for. Sounds like I would be depending on the mood of the officer I encountered. The Third deputy told me that "Because I'm Active Duty military and a resident of another state, I would be allowed to posses/own and use this weapon WITH the 20 round mags as long as they stay in my possession only(ie I wouldn't be allowed to sell, trade, or give the mags to anyone).

Because of the inconsistent answers I was given by the Sheriff's Department I decided to take a look at the actual penal codes. I found valid info to my situation in 12026, 12026.1, 12021, and 12021.1. Is there somewhere else I should be looking? So far all the penal codes have done is confuse me even further.

I just want to ensure there is no grey area. Either I'm allowed or I'm not. I'm not willing to risk my job and family on a technicality as I'm sure all of you understand. Thank you for any help or pointers you guys have!

[NiteQwill]

No, unless you possessed the magazines in California PRIOR to 2000... you cannot import magazines >10 rounds in California [from AZ, for example]. Buy 10 round magazines and be half-happy.

Unfortunately, there is no exemption for active duty military personnel in CA in regards to standard magazine capacity (outside of your job duty, of course).

[curtisfong]

1) Never ask for legal advice from a sheriff. Ever.

2) Possession of a >10 round mag is not illegal

[NiteQwill]

1) Never ask for legal advice from a sheriff. Ever.

2) Possession of a >10 round mag is not illegal

True, but...

The OP's post already implies that he is from AZ, so that argument is moot. Unless he was in CA prior to 2000, having possessed the magazines, he would be importing... and that's a crime.

[Connor P Price]

I know of no exceptions for active duty military. Possession is not a crime, however if you imported them here with you from AZ, that is.

[epilepticninja]

1) Never ask for legal advice from a sheriff. Ever.

Actually he spoke to deputies, not the sheriff. And most LEO's, regardless of department, don't know laws regarding AW's all that well.

[Pat Riot]

Dude... screw the mags and the ccw. Get your assault rifle exemption. I found out about the exemption about 2 months after my EAS. So pissed! Get it and buy one and God Bless America.

Also you are allowed to possess and transport such weapons when on duty, but cannot bring them into public when not on duty. Just dont ever try to conceal them. We had a guy that got in serious trouble because he concealed his weapons when he got pulled over (on duty). Would have probably been fine if he had just been open about it.

Again, you have to be on official business and that business must require you to carry a gun (usually the one that is issued to you).

As far as storage and transport goes: As a member of the military you are often required to store your mags and weapons among your other personal effects (in your home if you live off base). That might only go for weapons issued to you....

[OleCuss]

Dude... screw the mags and the ccw. Get your assault rifle exemption. I found out about the exemption about 2 months after my EAS. So pissed! Get it and buy one and God Bless America.

Also you are allowed to possess and transport such weapons when on duty, but cannot bring them into public when not on duty. Just dont ever try to conceal them. We had a guy that got in serious trouble because he concealed his weapons when he got pulled over (on duty). Would have probably been fine if he had just been open about it.

Again, you have to be on official business and that business must require you to carry a gun (usually the one that is issued to you).

As far as storage and transport goes: As a member of the military you are often required to store your mags and weapons among your other personal effects (in your home if you live off base). That might only go for weapons issued to you....

If you are talking about the MAWP program - that's effectively broken at this time. Not sure if/when that will get fixed, but CGF is aware and may have plans for fixing this (I'm not privy to their internal communications or machinations).

[Decoligny]

Dude... screw the mags and the ccw. Get your assault rifle exemption. I found out about the exemption about 2 months after my EAS. So pissed! Get it and buy one and God Bless America.

Also you are allowed to possess and transport such weapons when on duty, but cannot bring them into public when not on duty. Just dont ever try to conceal them. We had a guy that got in serious trouble because he concealed his weapons when he got pulled over (on duty). Would have probably been fine if he had just been open about it.

Again, you have to be on official business and that business must require you to carry a gun (usually the one that is issued to you).

As far as storage and transport goes: As a member of the military you are often required to store your mags and weapons among your other personal effects (in your home if you live off base). That might only go for weapons issued to you....

The "exemption" is for Active Duty Military carrying a Government Issued weapon while performing duties that require the carrying of said weapon.

The Military Assault Weapon Permit is for personally owned firearms that fall into the California definition of an "Assault Weapon".

Just want to point out one MAJOR issue that was brought up recently in regards to the recent changes to the Military Assault Weapon Permit. The CA DOJ is trying to make it so you need a permission letter from your Base Commander stating that you will be using your "Assault Weapon" for Military Duty. Apparently using/carrying a personally owned firearm while on duty as a member of the armed forces is a violation of the Geneva Convention and is therefore not allowed as it is a violation of International Law and UCMJ.

[Manic Moran]

Apparently using/carrying a personally owned firearm while on duty as a member of the armed forces is a violation of the Geneva Convention and is therefore not allowed as it is a violation of International Law and UCMJ.

No, it's not.

There is one major reason that POWs are prohibited in the US Army. It's related to the same reason you're not allowed to customise your issue weapon: Reliability. Army issue weapons go through Army-standard maintenance and tests, plus spare parts are easy to obtain, not least through the support contracts with Colt and Beretta. They have known performance parameters. The Army has no way of knowing how well maintained a POW is, or how reliable it may be, and have a system in place that if something breaks, the spare part is easy.

The international law concern is with ammunition. By prohibiting the use of any ammunition other than that issued by the government, the government can thus be sure that there are no violations of the Hague declaration, for example.

NTM

[OleCuss]

No, it's not.

There is one major reason that POWs are prohibited in the US Army. It's related to the same reason you're not allowed to customise your issue weapon: Reliability. Army issue weapons go through Army-standard maintenance and tests, plus spare parts are easy to obtain, not least through the support contracts with Colt and Beretta. They have known performance parameters. The Army has no way of knowing how well maintained a POW is, or how reliable it may be, and have a system in place that if something breaks, the spare part is easy.

The international law concern is with ammunition. By prohibiting the use of any ammunition other than that issued by the government, the government can thus be sure that there are no violations of the Hague declaration, for example.

NTM

You might want to point out that POW=Privately Owned Weapon.

[amnnj]

Hey Thanks Guys! Sounds like I just need to suck it up and buy a 10 round Mag. . . .