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Posted: 7/27/2023 1:00:08 PM EDT
I'm sure it's been asked before, and my apologies...but I work with a young Marine Sergeant who's getting ready to transfer from NC to CA.
I know his standard cap mags are a no-go, but what are the laws regarding bringing AR's and handguns that aren't on the approved CA list?
I've read conflicting things on-line, so figured I'd come to the source. Any help is greatly appreciated.
Link Posted: 7/27/2023 4:42:10 PM EDT
[Last Edit: Trollslayer] [#1]
The CA Approved Handgun List applies only to the purchase of new firearms inside CA by CA residents.  It has no other impact on anything.

If the handgun or long gun is an "assault weapon" according to the CA criteria, it cannot be brought in.  The criteria (or a link to them) are given in one of the tacked threads on this Forum.

If the long gun is on the list of "assault weapons" which are banned by maker and model, it cannot be brought in.  The list (or a link to it) is given in one of the tacked threads on this Forum.

Magazines (rifle or pistol) that hold more than ten rounds cannot be brought in.

Start with those rules as a baseline.  They are factual.


A long time ago, I remember reading that active duty military (and LEO) can get exemptions from some/all of the above.  I believe it takes approval of the company or base commander.  I recall the commander has full discretion in this decision and can impose his own restrictions on things like storage and use.  I am a little unclear on this because these do not apply to me and it has been a long time since I read the laws.


I hope that helps in some way.


Link to pdf download of "assault weapons" list


These are the AW criteria for firearms not specifically named in the list above:


   12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
      A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
           A pistol grip that protrudes conspicuously beneath the action of the weapon.
           A thumbhole stock.
           A folding or telescoping stock.
           A grenade launcher or flare launcher.
           A flash suppressor.
           A forward pistol grip.
       A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
       A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

       A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
           A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
           (B) A second handgrip.
           A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
           The capacity to accept a detachable magazine at some location outside of the pistol grip.
       A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

      A semiautomatic shotgun that has both of the following:
           A folding or telescoping stock.
           A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
       A semiautomatic shotgun that has the ability to accept a detachable magazine.
       Any shotgun with a revolving cylinder.
           "Assault weapon" does not include any antique firearm.

           The following definitions shall apply under this section:
               "Magazine" shall mean any ammunition feeding device.
               "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

               "Antique firearm" means any firearm manufactured prior to January 1, 1899.
     
Link Posted: 7/27/2023 5:19:47 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Trollslayer:
Snip
     
View Quote


Thanks so much, Trollslayer.
Specifically, he wants to bring a Gen 5 Glock 19 and a Shadow Systems DR920.
From what I gather, he'll be OK bringing those, as neither have a threaded bbl, but he can't bring standard capacity mags... only 10 round.
Thanks again.
Link Posted: 7/28/2023 1:41:00 AM EDT
[#3]
P.S. - I am not a lawyer and the above is not legal advice.  

You almost have to be a lawyer to even live in California.
Link Posted: 7/28/2023 8:57:09 AM EDT
[Last Edit: HDLS] [#4]
There is a military assault weapon permit for those that are not California residents and come here on PCS orders, but likely it would be very difficult to get the base CG to sign off on it. Prior to the change requiring that, it was very easy to get.



https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/mawpapp.pdf

There is also a requirement to register weapons brought into the state by someone moving here, but not sure if that applies to .mil on PCS orders, I would research that a bit more to see if that's a requirement and so he can make an informed decision about it.

https://oag.ca.gov/firearms/ab991



Link Posted: 7/28/2023 12:37:25 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HDLS:
There is a military assault weapon permit for those that are not California residents and come here on PCS orders, but likely it would be very difficult to get the base CG to sign off on it. Prior to the change requiring that, it was very easy to get.

https://www.ar15.com/media/mediaFiles/367483/Screenshot_2023-07-28_at_6_05_05_AM-2900464.png

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/mawpapp.pdf

There is also a requirement to register weapons brought into the state by someone moving here, but not sure if that applies to .mil on PCS orders, I would research that a bit more to see if that's a requirement and so he can make an informed decision about it.

https://oag.ca.gov/firearms/ab991



View Quote

Great, thanks HDLS
Link Posted: 7/28/2023 12:41:49 PM EDT
[Last Edit: Trollslayer] [#6]
For the lawyers here -

There are several criteria which constitute becoming a resident in California, one of which is renting a place to live, getting a job here,...

If a soldier comes here on orders but rents off-base housing (or gets a second job), does that constitute becoming a resident of California.  Does that soldier then need to register their firearms with the State, as a new civilian resident would?  
Link Posted: 8/2/2023 2:02:12 PM EDT
[#7]
Moving here on PCSO orders while maintaining legal residency in another state counts as residency for purchasing firearms here, whether you live on or off base, but again, not sure how it plays with registering the ones you import.

I'd probably call CADOJ Bureau of Firearms and ask them directly.

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