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11/24/2017 4:44:23 PM
11/22/2017 10:05:29 PM
Posted: 9/18/2004 8:47:42 AM EST
Ok I said the AWB wont even affect people in CA but he said people can just drive across state lines to a gunshop in AZ, Nevada, other progun states. Do a instant background check and walk out with a new Assault rifle.

I told him, I wasn't really familiar with how easy it is to buy guns out of state, but said they could buy similar weapons before the AWB, then I went into how the weapons are the same. Once I explained that its a purely cosmetic ban he said he will look it up and if thats true he is not as worried.


now if anyone could help me out with this question could a CA resident go to a (free state) pass a background check and buy a weapon. I am guessing one could, although alot of gunshop owners probably run into people from CA trying to buy evil stuff.

any experience with this.
Link Posted: 9/18/2004 8:50:09 AM EST
no, they can't buy guns that would be illegal in their home states and all guns purchased outside your home state must go through an FFL.
Link Posted: 9/18/2004 8:50:23 AM EST
I don't know if location comes up on a background check, but it is a federal felony to buy out of state a weapon you can't legally own in your state.
Link Posted: 9/18/2004 8:51:24 AM EST
They would also need a fake ID, because nobody in their right mind would sell a banned weapon to a PRK resident.
Link Posted: 9/18/2004 9:03:36 AM EST

Originally Posted By cduarte:
no, they can't buy guns that would be illegal in their home states and all guns purchased outside your home state must go through an FFL.



Ok so there is a law against it, but he will say its more on the honor policy. So a guy goes out of state goes to the gun shop but they probably wouldnt sell him a weapon that would be illegal in CA cause he had a CA ID card.
Link Posted: 9/18/2004 9:04:17 AM EST
That's a definite no. Under GCA '68, it's a felony to buy or sell a rifle across state lines unless you have a FFL (Federal Firearms License). Any time you buy a gun from a dealer, they need ID to make sure you're a resident of that state, in addition to performing background checks. If you want to buy a gun from out of state legally, whether from a FFL dealer or a private citizen, it has to be shipped to a FFL in your state, then you have to go to that dealer and do the background check and 4473 form just as if the gun was in that dealer's inventory.

Of course, there's always ways to get around it, but if you do, both the buyer and seller are breaking several laws.

But what's the point anyways? The legal availability of these weapons doesn't have any effect on crime. Also, a true assault rifle is select-fire, and therefore a Class 3 weapon. Getting one requires, among other things, fingerprints, passport photos, a sign-off from the local police chief, a wait of several months while the FBI checks out your background, and a $200 fee. I'm sure that the whole process is illegal in California anyways.
Link Posted: 9/18/2004 9:07:18 AM EST
In Arkansas you can buy Long guns if your are from one of 45 (i think) states, CA is one you cant be from and buy in AR and I think NV is another
Link Posted: 9/18/2004 9:14:02 AM EST

Originally Posted By mace:
That's a definite no. Under GCA '68, it's a felony to buy or sell a rifle across state lines unless you have a FFL (Federal Firearms License). Any time you buy a gun from a dealer, they need ID to make sure you're a resident of that state, in addition to performing background checks. If you want to buy a gun from out of state legally, whether from a FFL dealer or a private citizen, it has to be shipped to a FFL in your state, then you have to go to that dealer and do the background check and 4473 form just as if the gun was in that dealer's inventory.



I don't think the above is accurate. If a rifle or shotgun is legal in the buyer's state, then they may go to a neighbouring state and purchase it there as long as that state doesn't have a state law against it. For example, if I drive down to MA from NH, I cannot purchase a rifle or shotgun because you need a MA license to do so and you need to be a MA resident. If I go to ME, then I can purchase a rifle or shotgun because it is legal for a non-resident to do so in ME and the firearm is legal to possess in my home state of NH. A form 4473 and background check is of course required and I can only purchase a rifle or shotgun from an FFL and not an individual when I am out of state. Handguns must go FFL to FFL in interstate transfers.
Link Posted: 9/18/2004 9:18:42 AM EST

Originally Posted By C-4:
I don't think the above is accurate. If a rifle or shotgun is legal in the buyer's state, then they may go to a neighbouring state and purchase it there as long as that state doesn't have a state law against it. For example, if I drive down to MA from NH, I cannot purchase a rifle or shotgun because you need a MA license to do so and you need to be a MA resident. If I go to ME, then I can purchase a rifle or shotgun because it is legal for a non-resident to do so in ME and the firearm is legal to possess in my home state of NH. A form 4473 and background check is of course required and I can only purchase a rifle or shotgun from an FFL and not an individual when I am out of state. Handguns must go FFL to FFL in interstate transfers.



I remember hearing about that one somewhere, but I never heard of the details. I get the feeling that it's fairly rare. Either way, what Combat_Jack said still applies - you'd have to be nuts to sell a scary-looking weapon to a CA resident, and I don't think many FFLs are that nuts.
Link Posted: 9/18/2004 9:24:15 AM EST

Originally Posted By mace:
I remember hearing about that one somewhere, but I never heard of the details. I get the feeling that it's fairly rare. Either way, what Combat_Jack said still applies - you'd have to be nuts to sell a scary-looking weapon to a CA resident, and I don't think many FFLs are that nuts.



I bought a shotgun at the Kittery Trading Post in Kittery, ME and it was all explained to me then. I went ahead and researched it more after that.

I agree completely that no one is going to sell anything that is illegal to possess in CA to a CA resident. So that professor is completely misinformed by the media, as usual. The Kittery Trading Post has a lot of MA customers and they can only purchase handguns with loaded-chamber indicators and the store has separate models that have them. And of course it has to be sent to an FFL in MA.

Why do we have so many laws infringing the Second Amendment.
Link Posted: 9/19/2004 5:15:51 AM EST

Originally Posted By superdav:
In Arkansas you can buy Long guns if your are from one of 45 (i think) states, CA is one you cant be from and buy in AR and I think NV is another



Arkansas still has an adjacent state law on the books, unless it has been repealed lately.
Link Posted: 9/19/2004 5:17:26 AM EST

Originally Posted By mike45acp:
Ok I said the AWB wont even affect people in CA but he said people can just drive across state lines to a gunshop in AZ, Nevada, other progun states. Do a instant background check and walk out with a new Assault rifle.

I told him, I wasn't really familiar with how easy it is to buy guns out of state, but said they could buy similar weapons before the AWB, then I went into how the weapons are the same. Once I explained that its a purely cosmetic ban he said he will look it up and if thats true he is not as worried.


now if anyone could help me out with this question could a CA resident go to a (free state) pass a background check and buy a weapon. I am guessing one could, although alot of gunshop owners probably run into people from CA trying to buy evil stuff.

any experience with this.



It is illegal for an unlicensed California resident to purchase a firearm in any other state unless it is sent to a California dealer for transfer. In that case, the firearm would have to be legal to possess in California.
Link Posted: 9/19/2004 5:24:06 AM EST
Link Posted: 9/19/2004 5:39:48 AM EST
Link Posted: 9/19/2004 5:42:19 AM EST
[Last Edit: 9/19/2004 5:47:13 AM EST by Apatriot]
It is perfectly legal to buy long guns in another state besides the state you live in.You cannot buy a handgun unless it is purchased then transfered to a FFL in your home state.Which means you do not get your hands on the hand gun until you have it transfered to you in your own home state.
A California resident can buy a long gun in another state ,it is not the responsibility of the dealer or the individual selling the weapon,to make sure the purchaser complies with his states laws.The seller must comply with his own states laws period.
Everybody likes to come up with these bullshit explanations,about the Law,but never show the actual LAW with Jurisdictional requirements.
There is NO LAW that disallows a California Resident from purchasing a Long gun out of state.There are California laws that dictate wether or not those long guns may be brought back to California or not.Californias Jurisdiction ends at the California State Line.
When in doubt about any law on the books,wether it be Federal or State,Always find the Jurisdictional limitations first.Otherwise,someone is blowing smoke up your ass.

remember,Just because you may live in a state like California,they have ZERO jurisdiction outside of the State.You may purchase a firearm and own it outside the state.You must comply with California Law if you want to bring that weapon back into the state only.
Link Posted: 9/19/2004 5:46:01 AM EST
Link Posted: 9/19/2004 5:53:33 AM EST
Here we go again. 68 GCA Jurisdiction: Interstate commerce in firearms only.This applies to FFL dealers and manufacturers only.Interstate commerce only applies to the movement of firearms across state lines.It does NOT cover items purchased and kept in the state of sale.As there is NO Interstate Commerce until the item crosses the state line.
You will hear all types of arguments about this,but remember this,It all boils down to Jurisdiction.
Link Posted: 9/19/2004 6:15:17 AM EST

Originally Posted By mike45acp:

Originally Posted By cduarte:
no, they can't buy guns that would be illegal in their home states and all guns purchased outside your home state must go through an FFL.



Ok so there is a law against it, but he will say its more on the honor policy. So a guy goes out of state goes to the gun shop but they probably wouldnt sell him a weapon that would be illegal in CA cause he had a CA ID card.



I knew people with AZ and CA licenses. They made a business address in AZ to buy guns at shows here. It is probably not that hard to do.
Link Posted: 9/19/2004 6:31:35 AM EST
[Last Edit: 9/19/2004 6:38:31 AM EST by David_Hineline]
Link Posted: 9/19/2004 6:58:41 AM EST
But a CA resident can own CA banned rifled as long as it is kept out of state. Didn't a lot of gun ranges on the border of CA offer storage of firearms if the owners did not want to register them.
Link Posted: 9/19/2004 7:08:36 AM EST

Originally Posted By mike45acp:

Originally Posted By cduarte:
no, they can't buy guns that would be illegal in their home states and all guns purchased outside your home state must go through an FFL.



Ok so there is a law against it, but he will say its more on the honor policy. So a guy goes out of state goes to the gun shop but they probably wouldnt sell him a weapon that would be illegal in CA cause he had a CA ID card.




Uh....all laws are obeyed on the honor policy.
Link Posted: 9/19/2004 7:23:19 AM EST
[Last Edit: 9/19/2004 7:24:10 AM EST by nbjly]
Uh....all laws are obeyed on the honor policy.

+1

And.... Kalifornia Professor? That's all you need to know
Link Posted: 9/19/2004 7:28:13 AM EST

Originally Posted By Apatriot:
It is perfectly legal to buy long guns in another state besides the state you live in.You cannot buy a handgun unless it is purchased then transfered to a FFL

remember,Just because you may live in a state like California,they have ZERO jurisdiction outside of the State.You may purchase a firearm and own it outside the state.You must comply with California Law if you want to bring that weapon back into the state only.



I agree CA doesnt have its own super police unit that comes across the border and arrests people BUT I don't think you would find a Gun Shop owner that would sell you something evil.
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