Seeking Advice: Temporary Transit through CA

[SFG]

Hello,
I am active duty military and am being stationed in Hawaii. I am authorized on my government travel orders to fly out of Travis AFB. I would be driving in from out of state and flying out likely within 72 hours. Does anyone know if I would be exempt from CA laws due to the nature of the move? I have a 16" KAC and a couple pistols. If anyone has any advice or insight I would appreciate it.

Best,

SFG

[SkyHawk]

What laws are you worried about? It is hard to give much info without knowing exactly what models and configs your guns are. "KAC 16" is not enough info.

In any case, you are not exempt from AW laws or magazine capacity laws here. Your best bet may be to transport guns disassembled but that does not help with mag capacity or named AW, and in any case we have no idea without a lot more detail.

Mags could be mailed to your new location in Hawaii if they are legal there, bypassing CA entirely.

You also should bone up on Hawaii laws big time. Hawaii may be worse than CA

[RickD427]

Hello,
I am active duty military and am being stationed in Hawaii. I am authorized on my government travel orders to fly out of Travis AFB. I would be driving in from out of state and flying out likely within 72 hours. Does anyone know if I would be exempt from CA laws due to the nature of the move? I have a 16" KAC and a couple pistols. If anyone has any advice or insight I would appreciate it.

Best,

SFG

There's no special provisions for travelling on military orders. You may want to be familiar with the provisions of 18USC926A (Commonly referred to as the "Firearm Owners Protection Act). It provides some protections for weapons in transit, but case law has pretty much made it useless.

There's no issue bring in "off-roster" pistols. They do have to be in a California-legal configuration.

If your "16" KAC" is a California-defined "Assault Weapon", you're going to have problems. If it's an "Evil by Feature" kind of Assault Weapon, you can neuter it for the trip. If its any other kind of Assault Weapon, you cannot bring it in without a DOJ permit. If you're active duty and coming here on orders, you can apply for such a permit. Here's the required form: https://oag.ca.gov/sites/all/files/a...ms/mawpapp.pdf

As a practical matter, check with the Provost at Travis. If it is an "exclusive federal jurisdiction", then you fairly safe from the involvement of state LEOs in your affairs. The Air Force can still fang you and you can still be federally prosecuted for violating California state law on the base (18USC13).

[SkyHawk]

As a practical matter, check with the Provost at Travis. If it is an "exclusive federal jurisdiction", then you fairly safe from the involvement of state LEOs in your affairs.

But only while on base?

[RickD427]

But only while on base?

Yes, and only if Travis is an "exclusive jurisdiction" federal reservation.

The FOPA is the only source of protection while traveling to the base, and it really isn't worth anything (as the plaintiffs in Torraco v Port Authority found out)

[SFG]

What laws are you worried about? It is hard to give much info without knowing exactly what models and configs your guns are. "KAC 16" is not enough info.

In any case, you are not exempt from AW laws or magazine capacity laws here. Your best bet may be to transport guns disassembled but that does not help with mag capacity or named AW, and in any case we have no idea without a lot more detail.

Mags could be mailed to your new location in Hawaii if they are legal there, bypassing CA entirely.

You also should bone up on Hawaii laws big time. Hawaii may be worse than CA

It is a Knights SR-15 w/flash hider, pistol grip, detachable magazine, and telescoping stock. So appears to be a named AW. I will have to look into Rick's advice to "neuter" it if that is possible.

HI is pretty bad when it comes to the 2A, but seems to still be way more easy going then CA. I can have my Knights SR-15 w/flash hider, pistol grip, detachable magazine, and telescoping stock without issue. Can even have standard capacity mags as well. Pistol mags are capped at 10 though.

[Librarian]

It is a Knights SR-15 w/flash hider, pistol grip, detachable magazine, and telescoping stock.

Yes, that's named, and nothing you can do without a chopsaw can neuter it away from 'assault weapon'.

[Romeo_alpha01]

Since HI allows you to possess your KAC, wouldn't it make sense to just ship it from your current FFL to an FFL in Hawaii?

Or just disassemble as much of your weapons, down to their mags, and ship the mag bodies and KAC lower to a HI FFL?

[SFG]

Flying over with your firearms allows to you register them on the spot and avoids a 14 day waiting period. Plus saving on shipping costs and FFL transfer fees.

If I got one of those "KaliKeys" and converted it to a "bolt-action rifle" would that solve the issue?

[Librarian]

Flying over with your firearms allows to you register them on the spot and avoids a 14 day waiting period. Plus saving on shipping costs and FFL transfer fees.

If I got one of those "KaliKeys" and converted it to a "bolt-action rifle" would that solve the issue?

Not for the Knights.

[SFG]

Not for the Knights.

Because it was a previously "named" AW?

[gunuser17]

For the Knights SR-15 could you separate the lower and upper, remove the stock, grip and comp/flash hider and then ship the upper and parts to yourself in Hawaii. Then just transport the disassembled lower missing the bad CA items since that is the "firearm"?? Then, no FFL required. Not sure how Hawaii laws impact such a concept.

[RickD427]

For the Knights SR-15 could you separate the lower and upper, remove the stock, grip and comp/flash hider and then ship the upper and parts to yourself in Hawaii. Then just transport the disassembled lower missing the bad CA items since that is the "firearm"?? Then, no FFL required. Not sure how Hawaii laws impact such a concept.

That's not gonna work for an "Evil by Name" Assault Weapon. The Penal Code defines the receiver as being the firearm, and if it's a named receiver then it's still an AW, even if stripped.

[SFG]

Ok. So nothing I can do. Thank you all for your help. I appreciate it.

[BAJ475]

Ok. So nothing I can do. Thank you all for your help. I appreciate it.

Nothing at this time but storage outside of CA and wait for the court in Miller v Bonta to complete throwing out the ban.

Edit. That wait may not be long because a request to lift the stay of the judgment declaring CA's AW laws unconstitutional has been filed. See https://assets.nationbuilder.com/fir...pdf?1656622590