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1/25/2018 7:38:29 AM
Posted: 1/3/2006 12:03:32 PM EST
Can anyone shed some light as to what is legal and not-legal in terms of an out-of-state person carrying an AW that is on the DOJ ban list into CA? Firearms are on the ban list and have deadly features present. Can I bring it in, can I shoot it (sighting-in), etc? Mostly, I'm concerned about the airport personnel on my return trip to WA.
Link Posted: 1/3/2006 2:51:00 PM EST
It all depends on what you plan to do with it, and where, while you are here. If you check the tacked FAQ thread that Paul has at the top of this forum you will find your answer, and the appropriate penal code that gives the reasons when it's ok / not ok.
Link Posted: 1/5/2006 3:49:56 PM EST
Unless you're going directly to/from a major sanctioned match run by a recognized body (that is, say, a statewide NRA match, not the Lower Hayward Beer Can Plinkers Saturday Schutzenfest)

I'd really not do it, though.

If you do, gun would have to be transported in a locked case and unloaded. And even then I'd go directly to/from match, not stay overnight, etc. It all hinges on word 'directly'.

EVEN MORE IMPORTANTLY, DO NOT BRING (import) IN ANY HiCAP MAGAZINES. Only bring in 10 rounders. There is no exemption for import of hicap mags, unlike guns - it's a separate body of law.

12280(m) Subdivisions (a), and (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50BMG rifle into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50BMG rifle.
(2) The competition or match is conducted on the premises of one of the following:
(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(4) The assault weapon or .50BMG rifle is transported in accordance with Section 12026.1 or 12026.2.

Esp when you fly in/out there could be more contact w/LEOs at airports - whereas driving, you only have traffic stops and illegal searches to avoid.

This can well be a case of "we bust you first, then you prove otherwise". Not a lot of people in the right spots know of these laws - in metro areas especially.

Even if you avoid criminal charges for illegal possession, importation and transportation of an unregistered assault weapon (and, yes, Virginia, all three can be separate compounded charges) you might find it difficult to get your AW returned without a lot of grief/expense and return visit(s).

For the record, I do fly in & out of CA all the time with my (legal, registered) Calif. AWs and hicaps, but then I live here and have the paperwork.

Bill Wiese
San Jose, CA

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