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Kalifornia Assault Weapon Permit

snake-eyessnake-eyes Member Posts: 869
edited December 2002 in General Discussion
Hello everyone,
Looking through my state firearm laws for California I stumbled upon a provision that stated anyone with good cause could apply for an assault weapon permit with the California Department of Justice. After Contacting the friendly staff at the DOJ they sent me the required fingerprint cards and forms and wanted $73 for a Active Duty Military Assault Weapon permit. Upon searching the DOJ website I found out a police officer only pays $20. Does this sound reasonable? I have no doubt the DOJ would deny giving the permit to me but would gladly place my prints on file and want to search my house after applying...Anyone ever apply for such a permit? If I were attacked by hostile Al Qaeda terrorists and was wounded could I possibly sue the California Department of Justice for failing to allow me to defend myself as a U.S. Department of Defense employee?
Thanks for any input.

*In 1909 Henry Ford created the Model T and it got around 30mpg..today's Ford's may be safer and more luxurious but in 100 years we've not really gotten further on a gallon of gasoline have we?*

Comments

  • snake-eyessnake-eyes Member Posts: 869
    edited November -1
    I just emailed the DOJ, I'll post their response even though they send a message with their emails that say not for dissemination.

    My question is for the Calfifornia Attorney General on Assault Weapon ownership and possession by United States Active Duty Military personnel. I contacted the DOJ earlier asking if I could legally possess an assualt weapon while stationed instate and was mailed the required forms (FD 4082), fingerprint cards, and was supposed to mail it in along with a $73 processing fee. Upon reading the Bureau of Alcohol and Firearms State Firearm Laws (ATF P 5300.5) for California I stumbled upon 12285 (A) which states only a fee of up to $20 may be charged for permit and registration in California. I also found a web page on the DOJ website that says a police officer only pays $20 for the permit. Also stated in 12280 (f) it states pretty much military forces of the United States are authorized to possess assault weapons in the discharge of their official duties. A question I have is if a military member is sitting at home in base housing and an Al Qaeda terrorist force attacks the military members are they authorized to have personally owned assault weapons in the state of California for discharge in their official duties of defending the U.S. military installation or are they to call 911 for help? Also if said members were injured within the State of California and State law did not permit them to defend themselves could they hold the California Department of Justice liable for all damage? I appreciate your time in regards to answering my questions and await your response before seeking assistance with the installation legal office.
    Thanks for your time.

    XXXMynameXXX



    *In 1909 Henry Ford created the Model T and it got around 30mpg..today's Ford's may be safer and more luxurious but in 100 years we've not really gotten further on a gallon of gasoline have we?*
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    snake-eyes, I'm a LE dealer here in California and I have all of the permits. I don't really understand what your question is. Are you simply upset that a California peace officer would pay less money than person in the military? You don't mention if you are a resident of this state or just stationed here. I will pay a lot less for a hunting license than a person visting here...is that wrong?

    When you apply for the permit you will have to show good cause for needing an AW here. TRUST ME, back way off on the terrorist attact stuff, the DOJ will not want to hear any of that BS. Of course they will keep your fingerprints...why do you think they asked for the cards in the first place? Do you think they'll return them? HAH! This helps to weed out the paranoid "government's gonna have my name" types. Trust me, if you manage to get the permit, the State of California will know just about everything there is to know about you. Do you REALLY need this AW permit or are you one of these "I just want something because they say I can't have it" folks? The entire permit process is designed to eliminate those applicants. Don't you have any weapons on your base are were they all shipped to Afganistan? If the military is in such bad shape that the personel have to provide their own firearms we are in trouble!

    Since the standard military rifle is currently an M16A2, you may be able to convince the DOJ that you can use a AR type rifle to carry out you military duty. An AK, HK, or a CETME? FORGET IT! Where would those fit into the base supply system? You'll have to get a letter from the base commander authorizing your use and need of a non standard weapon as a part of your duties- will he write you this letter? These AW permits are nearly impossible to obtain unless you are a firearms dealer. Let us know how it works out because I've answered several of these AW posts and NO ONE has ever gotten the permit, they ALL gave up when the found out what was really required.

    Mark T. Christian
  • gruntledgruntled Member Posts: 8,218 ✭✭
    edited November -1
    The military WAS in that bad a shape when I was recalled. We were on active service for ten months & the only weapons in our two batallions were the officers .45s & any privately owned firearms.
    The only communications gear were the telephones in the orderly rooms & there were no military vehicles, not even a jeep for the batallion commanders.
    Of course we did manage to pump quite a bit of money into the local community when Ted Kennedy was running for the senate the first time
    & his slogan was "He can do more for Mass." but that can't be why we were recalled by his brother.)
  • snake-eyessnake-eyes Member Posts: 869
    edited November -1
    Hello Mark, in regards to firearm regulations a non resident military person is considered a resident of the state in regards to firearm laws. Also military pay resident hunting and fishing license fees even though they are not residents. And no I'm not a paranoid 'Government is gonna have my information' type of person, I am the government and they have everything on me on file somewhere's. All firearms on the military installation are registered through the base and any firearm found to not be registered with them is punishable under the UCMJ and will more than likely be destroyed.
    As for your post (When you apply for the permit you will have to show good cause for needing an AW here. TRUST ME, back way off on the terrorist attact stuff, the DOJ will not want to hear any of that BS. ) How can you legally justify a citizen in California, a police officer privately owning a AW and say the military of the United States of America are not permitted to possess such a thing for the safety of the people? My argument is not with you Mark and only the State and I will leave it as that. Maybe I can fix a problem I see with the State's policy and laws...Maybe I can't but I'm going to try while I'm here.
    I'll bet whatever arsenal you have in your store is more than adequate to overrun any military facility in the State. Go after the Navy first, they have a contractor doing guard duty, avoid the Marines-they don't read the written laws, and don't bother carrying anything more than a bolt action for the USAF, you'll outgun them. If you only really knew what the military had for an arsenal-security instate.
    (Since the standard military rifle is currently an M16A2, you may be able to convince the DOJ that you can use a AR type rifle to carry out you military duty. An AK, HK, or a CETME? FORGET IT! Where would those fit into the base supply system? You'll have to get a letter from the base commander authorizing your use and need of a non standard weapon as a part of your duties- will he write you this letter?)
    I wasn't interested in getting a AW Permit for the M16A2, not required..If the installation ever handed out M16A2's to military members on the installation it would mean Marshall Law is about to be declared and State Law is null and void. Those weapons are only carried by the few security forces folks enforcing traffic laws and checkpoint inspections and no one else. An AK, HK, or Cetme in Base Supply? Really you can't believe the Government would allow tax dollars to purchase those expensive weapons do you? Uncle Sam has contracts to purchase the M16A2 for pennies on the dollar. Also the installation commander does not write letters authorizing any firearms to be used for official duties. I think you pulled that one from deep space as I'm interested in a self defense possession permit and not Official U.S. Military action. Reading deeply into your post I finally have came to the conclusion that you are a brainwashed California resident whom thinks you and no one else is allowed to carry or possess an AW in the State of California and no else is permitted the basic privelege of self defense, not even the United States Military...Your on my * list.


    *In 1909 Henry Ford created the Model T and it got around 30mpg..today's Ford's may be safer and more luxurious but in 100 years we've not really gotten further on a gallon of gasoline have we?*
  • pikeal1pikeal1 Member Posts: 2,707
    edited November -1
    Snake Eyes, Mark Christian doesnt need my defense, but here it is anyway. Mark has helped plenty of people on this board in regards to firearm laws in California, and he has a vast knowledge of what can and can't be done in California. I am certain that his post wasn't meant to belittle your situation, but rather to inform of the hassles of dealing with the California DOJ and anything California regarding firearms.

    Take his post as general, good information and don't take it personal. He doesn't know you personally, and I'm sure that being a FFL in California, its not in his best interest to upset potential customers (considering you both live in the same state, not sure how close, but anyway).

    Life's too short to get upset at the drop of a dime.

    regards,

    Alex

    "The only way American citizens can adequately be protected from terror and violence is when" those in authority protect us from those who would harm us, instead of protecting us from ourselves.
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    snake-eyes, sorry to hear that I made it onto your list- although I have a feeling it is a rather long one. I am not brainwashed, but I am a licensed firearms dealer here (20+ years)in this state and I feel I have a pretty good grasp on our laws. The AW permit process for armed forces members was not and is to intented to allow them to own or possess personal assault weapon which were not registered before the cut off date (and that date depends on the AW involved).

    If you can indeed demonstrate the the DOJ that your military duties involve the possession of an AW off of your base, by all means apply for the permit and be prepared to supply the DOJ with a letter from the base commander explaining in detail your exact duties (are you a CID agent or MP?), the reason you need to posses such a AW to carry out those duties, and the EXACT AW that you will need. This permit will not be a blanket okay from the DOJ to go out and purchase dozens of AW's, you'll only be allowed to posses the one that your military duties require. I am sorry that I upset you so much, most folks here think I'm a pretty nice guy. Good luck with the permit. I honestly hope that you are the one who gets it, no one else ever made the cut.

    Mark T. Christian
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