California Military Gun Laws
What Gun Rights Do Military Service Members Have?
In California, military service members are subject to slightly different gun restrictions and regulations than other U.S. citizens. The most common differences for military service members involve the possession of certain assault weapons that are otherwise outlawed by California state law. Other differences include exceptions in some cases for military service members in regard to CCW (carrying a concealed weapon) permits.
If you are an active duty, discharged, or retired military service member who wishes to learn more about your gun rights, or if you need the assistance of a California gun law attorney, contact the Law Offices of Virginia L. Landry for a free and confidential consultation.
We can be reached online or by phone at (888) 272-6668.
Common Gun Mistakes Military Members Make
State laws regarding military service members’ gun rights are highly complex; as such, many military service members, both active duty and otherwise, struggle to understand exactly what they can and cannot do.
Some of the most common mistakes military members make in regards to California gun laws include:
- Failing to submit a Military Assault Weapon Permit application prior to entering California with firearms when permanently assigned to a military base within the state
- Failing to submit a copy of official assignment orders and/or an authorization letter from the appropriate military installation commander with the Military Assault Weapon Permit application
- Allowing Military Assault Weapon Permits to lapse (after one year from the date of issue) while permanently stationed in California
- Failing to surrender or remove listed assault weapons prior to ending military service/separating from the military or prior to becoming a California resident
- Failing to provide proof of residency when purchasing a firearm in California as a military reservist
- Bringing prohibited assault weapons into California as an active-duty military member when the member’s state of residence does not allow private citizens to own such firearms
- Failing to register assault weapons with the California Department of Justice (DOJ) before arriving to California
Virginia L. Landry, the Gun Queen, can help military service members fully and clearly understand their rights as outlined by California gun laws. She is extensively experienced with state and federal firearms regulations and can answer your questions and address any concerns you may have.
Mental Health & Veterans’ Gun Rights
Unfortunately, many veterans suffer from serious mental health issues, including post-traumatic stress disorder (PTSD). This, in turn, results in concerns regarding veterans’ rights to purchase and possess firearms. Are veterans more likely to face restrictions on gun ownership simply because they served their country?
Currently, there are no specific laws in California restricting veterans’ access to guns. However, there are a few restrictions for those suffering mental health issues:
- Currently, if an individual is taken into the custody of a psychiatric facility and admitted to a county mental health facility because he or she is deemed a danger to him/herself or others, that individual is not allowed to possess a firearm for the five years immediately following his/her release from the facility.
- Going into effect on January 1, 2020, an individual who is placed on involuntary psychiatric hold two or more times in a one-year period is prohibited from purchasing, owning, or possessing a firearm for life.
- Individuals who are ordered by a court to undergo professional psychiatric evaluation or are otherwise required to receive psychiatric treatment involuntarily for a period of no more than 14 days are permanently prohibited from acquiring or possessing a firearm.
- Any individual who has communicated or demonstrated violent tendencies/a serious threat to commit violent acts against a recognizable victim to a licensed professional psychotherapist may not acquire or possess a firearm for a period of five years following the psychotherapist making a report to law enforcement
- Individuals who, either due to mental disability or impairment caused by chronic alcoholism, are under a court-ordered conservatorship may not purchase, own, or possess any firearm for as long as the conservatorship continues
This list is not exhaustive; there are various other circumstances in which an individual suffering from mental illness may be prevented from acquiring or possessing a gun.
Contact the California military gun law attorney at the Law Offices of Virginia L. Landry for more information regarding your rights as a military service member.
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