Gun laws a minefield for military (California Bans Guns in Military!)

The Orange County Register ^ | 02/09/2003 | Gordon Dillow

[groanup]

As thousands of U.S. military personnel in California deploy to the Persian Gulf in preparation for war, some of them are having a serious problem.

They can't get guns.

Oh sure, the military provides them with an array of weapons: M-16s, grenade launchers, squad automatic weapons and so on. They're heavily armed.

[AdamSelene235]

That's because California law bans the sale of "large capacity" magazines - more than 10 rounds - to anyone but police officers.

This is a Federal law for all new magazines.

[groanup]

"Come to think of it....Issuing a sidearm to a soldier is a felony too if he/she is under 21."

Good point about the age of majority. Funny how we can send 18 year olds off to die for our freedom when they have never legally tasted Jack Daniels.

[groanup]

"That's because California law bans the sale of "large capacity" magazines - more than 10 rounds - to anyone but police officers"

Would someone please explain to me why not allowing the last three rounds to be stored in the clip would prevent gun crimes?

[stevem]

My son is in the military. He can choose from at least two states at any point in time to call his residence. Furthermore, if he had a weapon he needed, and it was in my power to provide it, he would have it.

We are supposed to have a 24 hour turn around in Minnesota to purchase certain firearms. When I bought my last firearm, it took about 8 days. Honestly, I expected that. If I needed a weapon in 5 weeks, I think I'd start going for it today.

By the way, I think most of these gun laws are designed for only one purpose, to let the bad guys be the best armed folks about. I support automatic concealed carry absent felony convictions on ones record. California is a joke state, and not just connected with firearms.

I'm also a little confused as to why military people going in harm's way aren't able to get the supplies they need from the arsenals on base.

[FreedomCalls]

It's quite long, so I'll not post it here. For the Federal side, it's 18USC922.

See what happens when you don't pay attention? They slipped this one by you. Renew your NRA membership or sign up if you are not a member.

[Kadric]

A member of the Armed Forces is considered a resident of the state in which their permanent duty station is located (USC Title 18 Chapter 44 section 921 para. b).

Yes it is illegal to purchase a handgun in a state other than your state of residency.

You may purchase a long gun in another state as long as the sale complies with the laws of both the state in which the sale takes place and the state of residency and the seller is a FFL.

[blackdog]

For the same reasons you cannot obtain or wear body armor as a private citizen. Remember those lunatics that robbed a big bank in California? They had a shoot-out for hours, taking torso hits and they just kept shooting. I think snipers had to get them with head shots. They had like twenty clips duct taped to their bodies. That single event embarassed the LEO's so bad, that the answer was to limit clips, vests, weapons, and such......Damn shame.

[tophat9000]

SOLUTION: Indian lands are not subject to California Law. Just open gun stores on indian land.... which any land bought by a tribe is considered indian land in California.

Ironic would it be that 120 years later that in could be a crime for Indians to sell guns to the white man

[Just another Joe]

Yes it is illegal to purchase a handgun in a state other than your state of residency.

Where does that law come from?
I really don't know and I've never heard of it.
I've never tried to buy a handgun in any state other than my state of residence.

[Kadric]

Actually Federal Law allows the Dept they retire from to transfer restricted Items (post ban Semi-auto Assualt Weapons and post ban magazine) to the retiring officer. If they just quit the items must be turned over to the dept. A non addressed question would be what the status of these gifted items would be if the retired officer decided to sale them at a later date, My guess would be they would have to be returned to the dept or sold to a FFL.

[fso301]

To a liberal, a member of the military is a criminal. Military members unable to acquire weapons is proof to a liberal that gun control works by keeping guns away from criminals.<p.

[LaraCroft]

Well, when you're born and bred somewhere and all your family is there, it's a hard choice to make.

That and it was 75 and beautifully warm today, I work very part time and make about 85k a year and live within 1 hour of gorgeous mountains and great snow skiing, dozens of wonderful beaches, some of the best dining in the world.

It's a place that we ALL need to work on getting the laws changed.. you do not want to throw CA away. Trust me on that.

[Centurion2000]

When I bought my last firearm, it took about 8 days

Thank God for Texas ... when I bought my last firearm (last weekend), it took 5 minutes.

[Kadric]

Snipers didn't get them. The police borrowed a couple AR15s and ammo from a local Gunstore when nothing they had did the job. I heard it some where that the store never got the guns back or paid for them. What more reason for allowing the sale of this type of firearm do you need.

[FreedomCalls]

My son is in the military. He can choose from at least two states at any point in time to call his residence.

According to the BATFE, a military soldier's residence is in the state where his permanent duty station is, regardless of his home of record. He cannot buy a weapon except in his state of residence, i.e. where he is permanently stationed, not where he entered the military or where he pays taxes. If he purchases a handgun in any other stae he is committing a felony. Hey, I don't make the rules, argue with the BATFE.

Furthermore, if he had a weapon he needed, and it was in my power to provide it, he would have it.

Then you too, would be committing a felony. That is called a "strawman purchase" and is not legal. Many people have gone to prison for "trafficking in illegal weapons" in just such a transaction.

[groanup]

"you do not want to throw CA away. Trust me on that."

Sorry. Now go sink into the ocean like you're supposed to and leave JimRob a raft (you too of course).

[Coleus]

Suspended officer fires back over Gun Charge

http://www.freerepublic.com/focus/news/839622/posts

[RISU]

This is not an issue.

I took a personal Colt Cobra to Korea, and then to Vietnam (two tours, special ops). Never used it in combat - or wanted to. (Not enough ooommphh.), and it ended up by getting stolen in Saigon...taken out of my foot locker when my stuff went through the "system" toward CONUS.

Better for the troops if they learn, and use, the standard issue stuff. Better for them, and their survival. Special ops isn't a hollywood movie. It is a dirty, sweating, sleepless, confusing itchy scratchy "business", with the sting of bug juice in your eyes all night, worries about logistics and commo schedules, and the need for some real "punch" when the shit flies. You want "military grade" HE when you fight, guys. Leave the glamor pistols at home. There is occassionally a "special" weapon, like the Swedish K in VN, but it usually comes in or can be obtained through your supply sgt. (In the case of the K they wanted to field test the thing. It was a glamorous green "beautiful" thing, but not really that "hefty". The M3A1 and M14 were better.)

Knives, well, that's a different story. But then no soldier should have a hassle taking his Randall of Kabar to Iraq.

[blackdog]

More loopholes in those laws than swiss cheese. When those LEO's who retire start dropping dead, who's going to smash the widows door in at 2:00am for posessing illegal weapons? Is there a transfer waiver for that too?

There can be no exemption from firearms laws. It does not matter who you are. The need for such exemptions only indicates the fundamental flaws and weakness of the legislation. Nobody seems to be enforcing those pesky domestic violence laws lately either. A LEO who threatens his or her spouse is not supposed to be carrying a weapon either. I love it when those LEO spouse relationships are from two LEO families. Last year two federal LEO couples had marital shoot-outs.

[Kadric]

US Code Title 18 Chapter 44 section 922 Para. b sub. 3 . For FFLs.

US Code Title 18 Chapter 44 section 922 Para. a . For Non FFL