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Posted: 10/11/2004 10:39:09 AM EST
I have a pistol I have been trying to sell. A guy responded to my ad saying he wants to buy it. He lives in california. with californias wacky laws I thought i'd ask here before i sent it out to him, just to make sure it is OK. it is a charter arms explorer II. He has an FFL that will do the transfer for him down there. I don't have to send it from an FFL here do I?
Link Posted: 10/11/2004 10:48:48 AM EST
you dont know CA laws, your not a lawyer. Whats CA going to do send the CA police up to WA and drag you down to CA then put you on trial.

serioulsy though if the FFL is going to do the transfer it should be legal, those guys usually know the laws.
Link Posted: 10/11/2004 10:50:18 AM EST

Originally Posted By Mak762:
Whats CA going to do send the CA police up to WA and drag you down to CA then put you on trial.





Well Arnie did say "I be back!"
Link Posted: 10/11/2004 10:53:27 AM EST
The Charter Arms Explorer II is not on the California list of approved handguns and cannot be imported into California for sale. The FFL would not be able to legally transfer it to your buyer.

There are 3 Charter Arms handguns on the list. They are the Models 13820, 73820, and 74420.
Link Posted: 10/11/2004 4:16:11 PM EST

Originally Posted By EOD_Guy:
The Charter Arms Explorer II is not on the California list of approved handguns and cannot be imported into California for sale. The FFL would not be able to legally transfer it to your buyer.

There are 3 Charter Arms handguns on the list. They are the Models 13820, 73820, and 74420.



I went to the Cali AG website to see if I could find the "approved" list of handguns. I found this at the top of the page:


Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.


wouldn't this be a private party transfer, and therefore exempt from the approved list requirment?
Link Posted: 10/11/2004 4:19:26 PM EST

Originally Posted By Kooter:

wouldn't this be a private party transfer, and therefore exempt from the approved list requirment?



a rational person would think that, but the whole idea is to keep all the weapons that aren't on the approved list out of CA.

But just let the FFL and the new owner worry about that I dont really see why you care at all you dont even live in california.
Link Posted: 10/11/2004 4:21:53 PM EST
Yes it's a private party transfer and it is ok. The "safety" ban is on NEW pistols being sold commercially. In other words rtfl before making comments.
Link Posted: 10/11/2004 5:55:10 PM EST
If I am reading this correctly, it looks like you could sell your pistol to him as a "Private party transfer":

justice.doj.ca.gov/safeguns/safeguns_new.taf

I believe that, per federal law, in order for you to get the gun to California, you will need to ship it from your FFL to his FFL.
Link Posted: 10/11/2004 6:01:54 PM EST
[Last Edit: 10/11/2004 6:02:44 PM EST by rayra]

Originally Posted By mic214:
I believe that, per federal law, in order for you to get the gun to California, you will need to ship it from your FFL to his FFL.

You don't have to orginate interstate shipment from an FFL, for private-party sales. Just ship to the buyer's FFL of choice. Your checking that it is a valid FFL is all that is required to fulfill your legal obligations, if I'm not mistaken.

Link Posted: 10/11/2004 6:04:17 PM EST

Originally Posted By PaDanby:
Yes it's a private party transfer and it is ok. The "safety" ban is on NEW pistols being sold commercially. In other words rtfl before making comments.


The CA FFL will not treat it as a PPT. Unfortunately the CA DOJ doesn't consider it a PPT since it has to be received by an FFL from an out of state seller.
Link Posted: 10/11/2004 6:53:12 PM EST
talbalos is right. ppt in ca is in state only. ca ffl's fon't accept from individuals - other ffl's only, and they won't accept any gun not on the list - since that would violate the "import" statute. sorry.
Link Posted: 10/11/2004 7:20:26 PM EST

Originally Posted By Buddha:
talbalos is right. ppt in ca is in state only. ca ffl's fon't accept from individuals - other ffl's only, and they won't accept any gun not on the list - since that would violate the "import" statute. sorry.



I have to disagree here. I'm in the process of buying a 1911 from out of state. My FFL required the model # to make sure it's on the approved list. It is. He can and WILL accept it from a NON FFL. 10 day wait starts when he receives hand gun and I fill out paperwork. Long arms can start wait B/4 he receives weapon as long as he has serial #. I'm sure about this as this isn't my first out of state transfer.


Roy
Link Posted: 10/12/2004 4:00:50 AM EST

Originally Posted By Buddha:
talbalos is right. ppt in ca is in state only. ca ffl's fon't accept from individuals - other ffl's only, and they won't accept any gun not on the list - since that would violate the "import" statute. sorry.



You are correct that California FFL's can't receive handguns not on the list. You are not correct, however, when you say california FFL's won't accept shipments from individuals. Some won't as is the case in many states, but a lot will accept the shipments. There is no California law that prohibits California dealers from accepting any type of firearms shipments from unlicensed out of state individuals. As a matter of fact, California law specifically authorizes dealers to do so.
Link Posted: 10/12/2004 6:57:08 AM EST
Thanks for the help guys......I guess he won't be able to buy it.
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