Military personnel can import"assault" rifles into Cali


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striker3
October 2, 2004, 11:07 AM
Early last week I emailed the CA DOJ on a whim, asking if, since I was in the military, I could in anyway bring an "assault rifle" into the state. The next day I got a call from one of their representatives. He stated that there is actually a form that I can fill out, allowing me to import into the state, for as long as I am on active duty. I was so astounded, because this was contrary to what I had always been told by others since the day that I got my orders.

From what he stated, the requirements are that the weapon cannot be in the state before you have official approval. Also I forgot to ask about the time frame for approval once I submitted the paperwork. He also said that you could bring in "hi-cap" mags that were for that particular weapon.

When asked if I could bring "hi-cap" mags for handguns his response was an unequivical no.

I should be getting the form in the mail shortly, I will post a copy of it, in case anyone is interested. As for myself, I just sold my AR last weekend, so I will not be doing this. Maybe when I come back from my next Iraq tour, I will build up a decent NM AR so I can compete.

Just so you know, I do not think that I should get special priveleges from the PRK because I serve in the military. But I do think that any means by which we can get more firearms into Cali is a good thing.

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thefitzvh
October 2, 2004, 12:39 PM
I heard this rumor also... if this IS the case, i'll be having something made.


James

Langenator
October 2, 2004, 01:53 PM
Now, I'm not all that familiar with the PRK AWB, but here's the next question:

If I, as a member of the military, import an "assault weapon" into the state (say an M-4gery with as many naughty bits as possible), can I transfer that weapon to a PRK resident while I'm there?

I was a PRK resident (legally) until a couple of years ago. Now I live in WA (legally).

My PRK-disapproved stash:

M1A with flash suppressor, bayonet lug, and 3x20 rnd magazines
HK USP Tactical .45 with 2x12 rnd magazines
3x Yugo M59/66 SKS rifles

esheato
October 2, 2004, 01:54 PM
I've heard of this also. Although I don't have an AR, I asked for a friend, and the policy related to me was that you could bring it in, but it couldn't leave the base/installation.

I never followed up on the paperwork or the rest of the requirements because I don't have one.

CA DOJ would be where I start, then the base SP/MPs.

Ed

Telperion
October 2, 2004, 04:02 PM
Langenator- no they can't be transferred. The law is so tight that California-defined "assault weapons" are not even transferrable by bequest.

striker3
November 24, 2004, 04:59 PM
Here are the docs that I finally recieved from the DOJ. Also included with the package was 2 10 print fingerprint cards with all of the appropiate blocks filled in. I think that they put an individual case number on mine, but am not sure. I would contact them to find out.

The last page is in the post below.

striker3
November 24, 2004, 05:00 PM
Here its the last page.

R.H. Lee
November 24, 2004, 05:01 PM
So what happens after you're off active duty?

striker3
November 24, 2004, 05:42 PM
If you stay in CA after you leave Active Duty, the weapon must be transferred out of state.

Langenator
November 24, 2004, 06:30 PM
Here's a really silly thought: Why isn't the PRK ban on private citizens bringing their lawfully possessed personal property into the state considered an unconstitutional intrustion by the state into interstate commerce?

LiquidTension
November 24, 2004, 08:24 PM
Lang - you can't transfer the weapon, hence no "commerce" will happen. That's how they'll say it anyway.

Every day I'm thankful for not living in Kali.

artherd
November 24, 2004, 11:24 PM
LEOs may import personal AWs still. Here is the PC:

I have not found any more verbage specifically relating to military personel, a strict interpretation may limit this to MPs. A more loose interpretation may conclude that all Active military personel are 'peace officers'...

(e) Subdivisions (a) and (b) shall not apply to the sale to, purchase by, or possession of assault weapons by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Youth and Adult Corrections Agency, the Department of the California Highway Patrol, district attorneys' offices, Department of Fish and Game, Department of Parks and Recreation, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties.

(f)(1) Subdivision (b) shall not prohibit the possession or use of assault weapons by sworn peace officer members of those agencies specified in subdivision (e) for law enforcement purposes, whether on or off duty.

(2) Subdivisions (a) and (b) shall not prohibit the delivery, transfer, or sale of an assault weapon to, or the possession of an assault weapon by, a sworn peace officer member of an agency specified in subdivision (e), provided that the peace officer is authorized by his or her employer to possess or receive the assault weapon. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing him or her to receive or possess the specific assault weapon. For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 on or before April 1, 2002; in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 not later than 90 days after possession or receipt. The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph.


Interesting

R.H. Lee
November 24, 2004, 11:39 PM
If you stay in CA after you leave Active Duty, the weapon must be transferred out of state.
Oh, yeah, that'll be happenin'.............. :p

Langenator
November 25, 2004, 11:21 AM
LT-

I was thinking of an ordinary citizen who wanted to move to the PRK (God knows why, maybe they're an actor or something) who wouldn't be allowed to bring his/her EBR if they moved.

Barring the importation of legally owned items could be looked at as interfering with interstate commerce, when looked at from certain points of view.

ObeOne
November 27, 2004, 08:39 PM
striker3,
Did you get in writing that you can have the rifle mags with the guns? From what little research I have been able to do recently, it was unclear. Of course, the other part I have found out is to get anything they say you can do in writing, just in case.
I am interested in this If (probably when, go to girlfriend) I come back. Would do it now, but with me leaving in about 5 months, it doesn't really seem worth it. I would probably just get permission right before I leave. :fire:
Otherwise, great news ;)

Obe One

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