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Posted: 12/9/2003 3:31:05 PM EDT
Gents-
Got out of the Army and I'm leaving Texas to head back to Seattle, and don't really want to ship my "Assault Weapons" (CETME, AR, M1A) via military movers. Anyway, called the CA DOJ and they claim that I can't even transport the guns through the state...? The DOJ bean-counter on the other end of the phone stated that the provision for transporting "legally owned assualt weapons" only applies to those weapons that were registered way back when, and not those that I legally own here in Texas(and everywhere else in the country...).

Anyone got any useful legal loopholes here, or am I doomed to pay thru the nose to ship, then pick up my own weapons.

Communist states suck.

(Former) Tanker
Link Posted: 12/9/2003 3:34:16 PM EDT
just drive through unlike what you read on this board there are no "hi cap/assault weapon check points" lock it in a case in your trunk, if a cop wants to search your car make him get a warrant. oh yeah isn't there a law that says if the gun is legal where you started and planned to end its all gravy?
Link Posted: 12/9/2003 3:34:31 PM EDT
Ship away. Instead of invading Iraq, the Army should have cleaned out California.
Link Posted: 12/9/2003 3:38:40 PM EDT
Thought about just taking them through and driving safe...however, its a Felony and I'm going back home to be an LEO, and will get asked under the scrutiny of a polygraph if I've ever committed a felony, whether or not I've been caught...alas, no rest for the weary. Thanks. Tanker
Link Posted: 12/9/2003 4:15:17 PM EDT
There are other roads that avoid CA, like say, through Reno. And isn't it "ever been convicted of a felony?" Otherwise they'd never find anyone to join the force!
Link Posted: 12/9/2003 4:23:08 PM EDT
I'm looking into alternate routes too - Cali just offers the most direct one on interstate. As for the felony thing, I thought it was a little loopy too, but they ask if you've ever committed one regardless of if you got caught...luckily I've been mostly good.
Link Posted: 12/9/2003 4:23:24 PM EDT
[Last Edit: 12/9/2003 4:26:55 PM EDT by PaDanby]
First it's not a felony. and the Federal Law superceds to wit US Code Title 18 Section 926A. Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. In other words locked in containers with ammo in separate locked containers. No Problems. Get a copy from your JAG office have it in the case. Remember that in CA if a LEO asks if you have firearms he can inspect them to see if they are empty. This is not a search and can't be used as a fishing expedition or search. Not that an LEO would ever cut some slack, but if you happened to have a copy of your DD-214 and a copy of a letter from a Police Academy, I kinda think they might not be too strict about it. In any case if you don't get stopped no problems. so don't worry about the polygraph it aint a crime.
Link Posted: 12/9/2003 5:20:46 PM EDT
Link Posted: 12/9/2003 5:28:56 PM EDT
Don't go through Kali. Spend your gas & food money in other states. C.g.
Link Posted: 12/9/2003 5:54:50 PM EDT
Great advice from the smart asses [lol] drive though the Rockies in the middle of winter to avoid California [lol] Legally you are allowed to transport your firearms between states as the more helpful posters advised above. Your weapons should be locked up - and that's just smart when spending the nights in a hotel. In California your assault weapons need to be locked in a container - a gun rug works and the lock can be the cheapest dime store lock available. They and handguns need to be locked and unloaded. Non-assault weapons just out of the reach of the driver in the truck or back of an SUV. When I bought some of my AR's and my FAL into California after the ban I was sure to park the car up close to the hotel room and have the alarm set. The couple of dozen weapons and several hundred pounds of ammo were all kept buried and out of sight in the truck. I'd sleep with a handgun on the night stand just in case. If you're worried about CCW it's a $200 fine if caught, arrested, and convicted (oh boy!) Make sure you do a partial DITY move as the military will pay you some bucks to move your stuff. I ended up with a few hundred dollars for my travel even after paying for gas, food, and hotels.
Link Posted: 12/9/2003 5:59:10 PM EDT
Men- Thanks for all the replies. I thought there was something to do with US Code allowing one to transport guns through states while traveling - my constitutional law is a little rusty but something about the commerce clause (not that CA gives a rats ass about a little thing called the US Constitution). Thanks again - I think I'll keep them with me. Tanker
Link Posted: 12/9/2003 7:09:14 PM EDT
Originally Posted By Paul: [red]Great advice from the smart asses [lol] drive though the Rockies in the middle of winter to avoid California [lol][/red] Legally you are allowed to transport your firearms between states as the more helpful posters advised above. Your weapons should be locked up - and that's just smart when spending the nights in a hotel. In California your assault weapons need to be locked in a container - a gun rug works and the lock can be the cheapest dime store lock available. They and handguns need to be locked and unloaded. Non-assault weapons just out of the reach of the driver in the truck or back of an SUV. When I bought some of my AR's and my FAL into California after the ban I was sure to park the car up close to the hotel room and have the alarm set. The couple of dozen weapons and several hundred pounds of ammo were all kept buried and out of sight in the truck. I'd sleep with a handgun on the night stand just in case. If you're worried about CCW it's a $200 fine if caught, arrested, and convicted (oh boy!)
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What's the deal Paul? Seems like you always have this big hardon to defend CA. You say people are saying he will have to drive throught the Rockies? Where do you get this BS? Ever heard of Texas to Vegas THEN Head NORTH through the desert, which is low and dry, even in the winter? I have done it many times, and you avoid Shasta and the grapevine/ that other pass west of rosamond. Avoids CA entirely, sees some nice country, drives on quiet roads, gets there the same time or less. Solves all of his problems Plus- If you come through Bend, I'll let you stay the night at my house, Free, in appreciation for serving our country. There are some guys i can give you references that i am not a psycho, and i WILL give you the best directions possible. I have driven the routes i speak of, and they are fine. danny
Link Posted: 12/9/2003 7:25:19 PM EDT
Originally Posted By danonly: What's the deal Paul? Seems like you always have this big hardon to defend CA.
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I think it's because everyone seems to have a hard on to bash California. We have the worst gun laws, we have earthquakes, crime, Hollywood, a foriegn Governor, etc... but, yet, people still move here. Population-wise, we one of the largest states. I wonder why?
Link Posted: 12/9/2003 7:39:10 PM EDT
[Last Edit: 12/9/2003 7:40:50 PM EDT by fight4yourrights]
Originally Posted By John91498: I think it's because everyone seems to have a hard on to bash California. We have the worst gun laws, we have earthquakes, crime, Hollywood, a foriegn Governor, etc... but, yet, people still move here. Population-wise, we one of the largest states. I wonder why?
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All the fake faces & tits? I hear the weather is nice, when it's Kali isn't on fire, flooding, mud sliding, or shaking.
Link Posted: 12/9/2003 7:41:35 PM EDT
Originally Posted By fight4yourrights: All the fake faces & tits? I hear the weather is nice, when it's Kali isn't on fire, flooding, or shaking.
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Cool, you know what happens in my state. I have no idea what anything, if anything, happens in your state.
Link Posted: 12/9/2003 8:00:40 PM EDT
Originally Posted By John91498:
Originally Posted By danonly: What's the deal Paul? Seems like you always have this big hardon to defend CA.
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I think it's because everyone seems to have a hard on to bash California. We have the worst gun laws, we have earthquakes, crime, Hollywood, a foriegn Governor, etc... but, yet, people still move here. Population-wise, we one of the largest states. [b]I wonder why? [/b]
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It is none of us alone is as dumb as all of us together. [;)]
Link Posted: 12/9/2003 8:08:26 PM EDT
Originally Posted By atomicferret: It is none of us alone is as dumb as all of us together. [;)]
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I don't think we're "dumb" or anything like that. I feel there are a number of highly intelligent people on this board. But when a thread is started on California, even these intelligent people revert to mindless Cali-bashing.
Link Posted: 12/9/2003 8:10:56 PM EDT
[Last Edit: 12/9/2003 8:13:49 PM EDT by GackMan]
Originally Posted By m1tanker: Thought about just taking them through and driving safe...however, its a Felony and I'm going back home to be an LEO, and will get asked under the scrutiny of a polygraph if I've ever committed a felony, whether or not I've been caught...alas, no rest for the weary. Thanks. Tanker
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Research peaceable journey laws. But in the event that it MAY be illegal or you MIGHT get jammed up on a traffic stop - ship them, don't drive w/ them... If you are going into LE you'll have to take a poly some day and then you be thinking that you MIGHT HAVE comitted a crime in California just a few months prior to that.
Link Posted: 12/9/2003 9:41:06 PM EDT
How can you reasonably drive from TX to OR without going through CA? Key word being reasonably. I can see 10 or 40 then Kingman to Las Vegas to 95 to Tonopah to Reno are but then north from there means 395, and that goes through CA again. Unless you mean he has to take the really back roads. If you take 10 when you get to the 215, go north 215-13-395 and then west on 58 to 99 or I-5, that will avoid most of the LA area traffic or you can take the 10 into the 57 to 210 and follow 210 around to the 5 and avoid most of the traffic. Taking the 10 to the 5 is for masochists.
Link Posted: 12/9/2003 10:03:43 PM EDT
[Last Edit: 12/9/2003 10:07:41 PM EDT by danonly]
If by back roads you mean rural hiways, then yes, the back roads. from vegas go north on 95 to tonopah, go east for 6 miles, go north on 376. It is a good hiway. lonelier than sin, but a good hiway. go west on 50 for 12 miles, then go north on 305. It is a good hiway. lonelier than sin, but a good hiway. go west on 80 to winnemucca, and go north on 95 till you reach burns junction, halfway there you will pass into Oregon. From burns junction, go north on 78 to burns. go west on hiway 20 till you reach Bend . from Bend go to Portland, from Portland go to seattle. Pretty easy.
Link Posted: 12/10/2003 1:25:54 AM EDT
Originally Posted By danonly: What's the deal Paul? Seems like you always have this big hardon to defend CA.
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Someone has to rebut the hysterical BS and misinformation coming from some posters here. Of course he can drive through CA. Federal law protects him.
Link Posted: 12/10/2003 1:47:07 AM EDT
Link Posted: 12/10/2003 3:45:54 AM EDT
Head north till you hit I90 and hang a left stay on that till you hit Seattle. Or head to AZ and pick up 15 goes through Vagas and Salt Lake, then you can either take (84 to 395 than 82 up to I90) or stay on 15 till Walkerville Montaina I90.(or you can turn off 15 at Blackfoot Id. and pickup 26/93 to Missoula, I've ran these on long haul)the last is the best time
Link Posted: 12/10/2003 5:09:57 AM EDT
One thing to think about. Federal law may protect you when transporting the firearms, but it may not protect you from California law against importing so called "high capacity" magazines. For CYA purposes, it might be advisable to ship any magazines with a capacity greater than 10 rounds.
Link Posted: 12/10/2003 5:25:42 AM EDT
Originally Posted By m1tanker: Gents- Got out of the Army and I'm leaving Texas to head back to Seattle, and don't really want to ship my "Assault Weapons" (CETME, AR, M1A) via military movers. Anyway, called the CA DOJ and they claim that I can't even transport the guns through the state...? The DOJ bean-counter on the other end of the phone stated that the provision for transporting "legally owned assualt weapons" only applies to those weapons that were registered way back when, and not those that I legally own here in Texas(and everywhere else in the country...). Anyone got any useful legal loopholes here, or am I doomed to pay thru the nose to ship, then pick up my own weapons. Communist states suck. (Former) Tanker
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You can drive through cali and be perfectly legal. They can't take yer damn guns if yer just passing through the state, even if they pull you over. This has been hashed out before. If your that worried, just bypass the commie land. I'm sorry I can't a link to the last thread but I think it's two months old so I can't search that far back
Link Posted: 12/10/2003 8:46:36 AM EDT
Originally Posted By mattja: Someone has to rebut the hysterical BS and misinformation coming from some posters here. Of course he can drive through CA. Federal law protects him.
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As enforced by the 9th Circus... [ROFL2] Technically, Federal law permits you to travel through any state with firearms if they are properly locked up. But Kalifornistan law bans "importation" (that term could include travel through the state) of specific firearms, firearms with "evil" features, and any magazine that holds more than 10 rounds. If you get caught, your stuff will be seized and it will take years before you can hope to get it back. It's your call if you want to see if the 9th Circuit is willing to uphold Federal law in light of their refusal to recognize individual RKBA.
Link Posted: 12/10/2003 1:51:29 PM EDT
Originally Posted By fight4yourrights: I hear the weather is nice, when it's Kali isn't on fire, flooding, mud sliding, or shaking.
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and a 4 bedroom house in so cal is still worth more than you will ever have.
Link Posted: 12/10/2003 1:59:30 PM EDT
When are you heading out? The only problem with driving up through Burns, Oregon and on to the west side of the Cascades is that the mountain passes have been getting hit pretty hard this winter. Santiam pass (hwy20) has been a nightmare this year with chains required. Good luck with whatever route you choose.
Link Posted: 12/10/2003 6:34:15 PM EDT
Originally Posted By Mak762: and a 4 bedroom house in so cal is still worth more than you will ever have.
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Dream on skippy. You might want to know a little more about a person before making stupid statements like that.
Link Posted: 12/10/2003 7:58:10 PM EDT
Originally Posted By RichinCM:
Originally Posted By mattja: Someone has to rebut the hysterical BS and misinformation coming from some posters here. Of course he can drive through CA. Federal law protects him.
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As enforced by the 9th Circus... [ROFL2] Technically, Federal law permits you to travel through any state with firearms if they are properly locked up. But Kalifornistan law bans "importation" (that term could include travel through the state) of specific firearms, firearms with "evil" features, and any magazine that holds more than 10 rounds. If you get caught, your stuff will be seized and it will take years before you can hope to get it back. It's your call if you want to see if the 9th Circuit is willing to uphold Federal law in light of their refusal to recognize individual RKBA.
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This is all speculation.
Link Posted: 12/10/2003 10:36:07 PM EDT
Originally Posted By fight4yourrights: I hear the weather is nice, when it's Kali isn't on fire, flooding, mud sliding, or shaking.
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[url]http://www.cnn.com/WEATHER/[/url] 'Nuff said. CW
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