State Gun Laws for Active Duty Military

scorpion_tyr · May 13, 2009, 06:24 PM

This is mostly out of curiosity, but there is a chance that I may be stationed in California or another state that is not so friendly to my hobby in a few years. I was just wondering if there were any provisions that would allow an Active Duty military member from Texas to be allowed to take his/her personal firearms collection to CA if they are ordered there. Specifically handguns that hold over 10 rounds of ammo and an SKS with a bayonet and "grenade laucher".

I tried looking, but there are a lot of laws on the books. Can anyone point me in the right direction?

David Armstrong · May 13, 2009, 08:09 PM

I think the only way would be to put them on a Government carrier leaving your base and going directly to the other base, and if they were never taken off the base. And even then I'm not sure.

vranasaurus · May 13, 2009, 10:05 PM

There is no general exemption from state laws regarding the possession of privately owned firearms for active duty military.

The assimilative crimes act generally makes state law, excluding capital offenses, applicable in federal jurisdictions within that state. So if state law prohibits the possession of certain kinds of personally owned firearms possession would be prohibited on federal installations.

Military installations will enforce the applicable state laws when registering weapons with the provost marshal, if you live on post.

I know Californias AWB allows miltary to register and keep their AWs while in California. Some individual states may have exemptions for active military but you would have to search each states code.

rjrivero · May 13, 2009, 10:09 PM

Your best bet is to write the Attorney General in California and ask for an opinion in writing. If they exempt it, keep it with your guns.

zoomie · May 14, 2009, 12:22 AM

I can't find it on the CA DOJ site now, but they used to have a form to fill out called a "Military Assault Weapon Permit." It allowed you to register your current collection of "assault weapons" with them and keep those for your time in the state, provided you were not legally a CA resident. It however did not apply to +10 rnd mags, so you had to keep those disassembled or out of the state to be legal. You could not acquire more banned "assault weapons" while you were there.

I'd call this office and ask:

Assault Weapon Registration and Special Weapon Permits
Phone: (916) 263-8100
Fax: (916) 263-0790

THEZACHARIAS · May 14, 2009, 12:24 AM

Another good reason to keep CA off the ole' base preference list.

Reminder to self...

scorpion_tyr · May 15, 2009, 02:38 AM

Quote:

Another good reason to keep CA off the ole' base preference list.

It never has been on the list, but unfortunately my job isn't tranferable everywhere, and Travis AFB in CA is one of the few places I'm likey to go.

THEZACHARIAS · May 15, 2009, 02:42 AM

Ouch

May 13, 2009, 06:24 PM	#1
scorpion_tyr Senior Member Join Date: November 10, 2008 Location: East Texas Posts: 1,326	State Gun Laws for Active Duty Military This is mostly out of curiosity, but there is a chance that I may be stationed in California or another state that is not so friendly to my hobby in a few years. I was just wondering if there were any provisions that would allow an Active Duty military member from Texas to be allowed to take his/her personal firearms collection to CA if they are ordered there. Specifically handguns that hold over 10 rounds of ammo and an SKS with a bayonet and "grenade laucher". I tried looking, but there are a lot of laws on the books. Can anyone point me in the right direction? __________________ “Nature intended me for the tranquil pursuits of science, by rendering them my supreme delight.” - Thomas Jefferson

May 13, 2009, 08:09 PM	#2
David Armstrong Junior member Join Date: January 24, 2005 Location: SW Louisiana Posts: 2,289	I think the only way would be to put them on a Government carrier leaving your base and going directly to the other base, and if they were never taken off the base. And even then I'm not sure.

May 13, 2009, 10:05 PM	#3
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	There is no general exemption from state laws regarding the possession of privately owned firearms for active duty military. The assimilative crimes act generally makes state law, excluding capital offenses, applicable in federal jurisdictions within that state. So if state law prohibits the possession of certain kinds of personally owned firearms possession would be prohibited on federal installations. Military installations will enforce the applicable state laws when registering weapons with the provost marshal, if you live on post. I know Californias AWB allows miltary to register and keep their AWs while in California. Some individual states may have exemptions for active military but you would have to search each states code.

May 13, 2009, 10:09 PM	#4
rjrivero Senior Member Join Date: November 17, 2008 Location: NW Ohio Posts: 1,399	Your best bet is to write the Attorney General in California and ask for an opinion in writing. If they exempt it, keep it with your guns.

May 14, 2009, 12:22 AM	#5
zoomie Senior Member Join Date: January 23, 2006 Location: GA Posts: 1,862	I can't find it on the CA DOJ site now, but they used to have a form to fill out called a "Military Assault Weapon Permit." It allowed you to register your current collection of "assault weapons" with them and keep those for your time in the state, provided you were not legally a CA resident. It however did not apply to +10 rnd mags, so you had to keep those disassembled or out of the state to be legal. You could not acquire more banned "assault weapons" while you were there. I'd call this office and ask: Assault Weapon Registration and Special Weapon Permits Phone: (916) 263-8100 Fax: (916) 263-0790

May 14, 2009, 12:24 AM	#6
THEZACHARIAS Senior Member Join Date: January 26, 2009 Location: Louisiana Posts: 537	Another good reason to keep CA off the ole' base preference list. Reminder to self...

May 15, 2009, 02:42 AM	#8
THEZACHARIAS Senior Member Join Date: January 26, 2009 Location: Louisiana Posts: 537	Ouch