Quoted:
He was also told since his homestate is Ohio that he is allowed to have firearms that are legal in his homestate.
Is that true?
Whoa whoa whoa.... FAIL. Who told hm this crap?
I will note that from the information I have - and please don't take this wrong - it appears Marines have a higher rate of being
busted for [technical nonviolent no-other-criminality] weapons violations in CA than for servicemenbers from other branches.
Nothing against Marines, but they somehow seem to think they have a magic exemption, or "nobody puts a Marine in jail." I
can safely say there are many 28-40yr old female asst. DAs that don't like guns, came out of DV/child law units, and have
negative perceptions of our jarheads (let alone other servicemen).
There is a limited Federal *transportation* exemption for TRAVEL only ("FOPA '86") for guns legal at start and end of journey.
However, many people are charged under state law (esp in NY, NJ, MA) with state charges despite this protection [even
for matters involving diverted aircraft flights]. These matters are still under expensive litigation. And this law does NOT
offer any protection for *nontravelling* activities - i.e, going to a given state, staying there, and possessing the gun in a
nontransport fashion: shooting, use, possession during residency/extended stay, etc.
Your son can bring in revolvers, ordinary pistols (with no threaded barrels!) and ordinary rifles/shotguns. One cannot bring
in hi-cap magazines (those holding over 10 rounds) from other states, unless for some reason those mags had already been
possessed or acquired within CA on or before 12/31/1999.
[CA has a limited 'competition exemption' for those bringing in out-of-state assault weapons that's so murky and problematic
that it's near-useless and best left for a criminal defense. It is for competition ONLY (and not practice, training or casual
shooting) and involves going directly to/from the shoot. The competition must be run by a recognized organization (NRA
CRPA, IPSC) - i.e, be formally structured as opposed to being "Lower Hayward Roller Derby League Memorial day Tin Can
Shoot". ]
Anything that looks 'assault weapon-y" (say, an AR15-style rifle) needs to be NOT banned by name and must be also
specifically configured with certain features suites to not be an assault weapon. Many folks use a "Bullet-Button" magazine
locking device and a 10rd or less magazine to achieve compliance. The gun would have to be rendered CA-legal BEFORE
entering CA.
Assault weapons charges in CA are serious business: possession is a 'wobbler' (felony, misdemeanor or nuisance) and
transportation, importation, etc. are straight felonies.
See the www.Calguns.net website for the California Assault Weapons flowchart:
http://www.calguns.net/caawid/flowchart.pdf
Bill Wiese
San Jose CA