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1/25/2018 7:38:29 AM
Posted: 1/13/2002 9:00:33 AM EST
A friend of mine (no, really.. its not me!! :)) has a Colt AR15 with all the nasty features.. bayonet lug, flash suppressor, etc. He neglected to register it in 1989, and now considers it a liability to posses. Can an out of state FFL purchase this rifle? Any pointers to procedures on this kind of transaction?
Link Posted: 1/13/2002 9:10:36 AM EST
Legally, your friend is supposed to surrender it to the police. If he were to quietly drive it out of state and put it in storage, he can keep it until he moves someplace where it's legal for him to possess. If he's got no place to keep it out of state, he can do one of two things. 1) Keep it well hidden until he can someday move, although this is against California state law. 2) Drive it out of California and sell it to an FFL dealer. If he wants to ship it to an out of state FFL for sale, he'd legally have to go through a Cali Assault Weapons FFL (there's a special license for them), and since it's not legally registered, that FFL would end up having to report it and it would most likely be confiscated. Driving your own personal property out of state isn't illegal, and the sale while out of state would be legal (but only to an FFL licensee). Once it's out of state, your friend is no longer breaking California state law - just be sure he doesn't break any more laws in the sale, if he can help it.
Link Posted: 1/13/2002 2:23:21 PM EST
Do this: If he is near Nevada: Drive to Arizona, then turn around the next day come back through, dop by the house and pick up the AR. Keep it concealed from view in a locked case. Stick the locked case in the trunk seperate from ammo. Now, continue as if you were traveling from Arizona to Nevada via PRK. You might wish to pick up something else to throw off the Cops if they see you stop a your house. "Officer, I was just picking up this such-and-such at my place while traveling from Arizona to Nevada." Where'd the AR come from ? Well, a friend had it in Arizona and you were taking it to Nevada. You obviously complied in 1989 and removed it from the state. That is why it was in Arizona. Repeat this procedure for whichever 2 states are closest (Oregon, Nevada, or Arizona.) You are protected under FOPA as long as you don't spill the truth.
Link Posted: 1/13/2002 3:08:04 PM EST
Originally Posted By Circuits: Driving your own personal property out of state isn't illegal, and the sale while out of state would be legal (but only to an FFL licensee).
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Are you sure private party sales are illegal? AfaIk, there are no restrictions on private party sales, at least in Az. It seems likely that you could get a much better price from a private sale.
Link Posted: 1/13/2002 4:09:24 PM EST
Private out of state sales are forbidden under federal law. Private sales within the same state are legal, provided there's not state or local law prohibiting it. You may not sell your firearms to a resident of another state, unless the buyer is an FFL, or the firearm is shipped to an FFL in the buyer's state to complete the transfer and paperwork. You could sell it to a private party in another state, yes, but it has to go through a dealer - you can't just drive it out of state and legally sell it to that private party without going through a dealer.
Link Posted: 1/13/2002 6:51:09 PM EST
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