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Posted: 10/27/2004 12:19:28 PM EST

I went deer hunting this last weekend in Southern Utah and stop in at the local gun store to pick up some ammo. I found a Marlin 1895 Cowboy in 45/70 that looked like it wanted to go home with me. Started filling out the paper work and the FFL saw that I was from California and said he couldn't sell me the rifle. What gives? When did it become illegal to purchase long arms out of state?
Link Posted: 10/27/2004 1:20:54 PM EST
That's gotta be incorrect. I know we can purchase guns from out of state. We either need to have them shipped to an FFL here or can carry them in on our own I believe. Especially for a rifle. If it's not an AW then you're fine. That guy is just afraid of the CA DOJ. You can thank our dear law makers for that. People are afraid to sell us magazines, even when the are under 10 rounds. People are afraid to sell us ammo. And a gun? no way. Unless he knows the laws or has sold to CA residents before, he's not gonna.

If you are back here, I'd say call the shop, and tell them you want to buy it. Then give an FFL in the state that can handle the transfer.

Ray
Link Posted: 10/27/2004 2:47:19 PM EST
I know that feeling but it is a bit easier for me cause I am an AZ resident but stationed in CA. I have gone to a few gunshops and they tell me the same thing. There was one ocasion when I went to Wisconsin for a class; I went to Wally World and wanted to buy a rifle (Savage). It wasn't a problem to buy the rifle but they didn't had a left hand model , lol.
Link Posted: 10/28/2004 2:03:40 PM EST
okay so what about the case of like cash and carry stuff, say a prk resident were to go the small arms review in arizona, would one be able to buy a handgun or rifle (prk legal of course) and bring it home???
Link Posted: 10/28/2004 4:03:51 PM EST

Originally Posted By prisner4jc:
okay so what about the case of like cash and carry stuff, say a prk resident were to go the small arms review in arizona, would one be able to buy a handgun or rifle (prk legal of course) and bring it home???



Handguns purchases out of state are a no no I believe. But rifles and shotguns, I thought, were legal regardless if they are legal in California. If they are illegal in Cali you just don't bring them back into the state.
Link Posted: 10/28/2004 4:39:00 PM EST
i am almost 100% sure it is illegal to buy cash and carry out of state. the way i understand it is that all out of state transactions must follow your home states laws.
Link Posted: 10/28/2004 4:43:01 PM EST
Commiefornia residents have to pass a DROS on all long guns and handguns. You can buy long guns out of state (no assault weapons) and have the FFL ship it to your CA FFL. You go to your FFL, do the DROS and pick it up 10 days later. You can do the same for handguns as long as that model is on the CA DOJ's drop test list.
Link Posted: 10/28/2004 7:38:51 PM EST
Or, you can drive to Idaho, and buy any long gun legal in Idaho, with an instant backround check of your Kali license, and walk right out of the store with it, of course you can't bring back any homeland defense rifles with you.
You would have to remotely store it.
Link Posted: 10/29/2004 5:06:50 AM EST

Originally Posted By colossians323:
Or, you can drive to Idaho, and buy any long gun legal in Idaho, with an instant backround check of your Kali license, and walk right out of the store with it, of course you can't bring back any homeland defense rifles with you.
You would have to remotely store it.



That would be illegal under Federal law. In order for a nonresident to purchase a rifle from a dealer in Idaho, the sale has to follow the laws of both Idaho and the purchaser's state of residence. Since California law requires that the transfer take place through a California licensed dealer, the only way the transfer can be legally completed is to ship to a California dealer for the actual transfer.

Sorry, but California law effectively bans firearms purchases by unlicensed California residents in other states.
Link Posted: 10/29/2004 5:25:32 AM EST

Sorry, but California law effectively bans firearms purchases by unlicensed California residents in other states.


"It's a California thing" Damn this state!!
Link Posted: 10/29/2004 11:29:10 AM EST


I guess the only other option is to change my residency and keep the weapons out of state.
Link Posted: 10/29/2004 8:25:45 PM EST
you can buy the same gun in kali, so why not do that ?

or get buddy buddy with a kali FFL and have the gun shipped to him to make it all legal, its a pain but not impossible.
Link Posted: 10/30/2004 7:11:33 PM EST

Originally Posted By Garand1911:
you can buy the same gun in kali, so why not do that ?

or get buddy buddy with a kali FFL and have the gun shipped to him to make it all legal, its a pain but not impossible.



The price was much lower than I have seen in So. Cal.

and more importantly

I really don't like buying anything gun related in a state that is so antigun. Why should the state profit on something they want to get rid of.
Link Posted: 10/30/2004 7:53:49 PM EST

Originally Posted By EOD_Guy:

Originally Posted By colossians323:
Or, you can drive to Idaho, and buy any long gun legal in Idaho, with an instant backround check of your Kali license, and walk right out of the store with it, of course you can't bring back any homeland defense rifles with you.
You would have to remotely store it.



That would be illegal under Federal law. In order for a nonresident to purchase a rifle from a dealer in Idaho, the sale has to follow the laws of both Idaho and the purchaser's state of residence. Since California law requires that the transfer take place through a California licensed dealer, the only way the transfer can be legally completed is to ship to a California dealer for the actual transfer.

Sorry, but California law effectively bans firearms purchases by unlicensed California residents in other states.


Somebody, better tell this guy that he is breaking federal law then. Me thinks he is not breaking federal law.
Federal law does not limit him to follow the laws of other States.
I don't think he would risk his business to sell to Kalifornians.
What do I know, I am only a lowly plumber.
Link Posted: 10/30/2004 8:25:30 PM EST
That store is not braking any laws. Even if you pass a backround check it is still your responsibility (sp?) to know the laws before bringing any weapons to the state.
Link Posted: 10/31/2004 5:39:25 AM EST

Originally Posted By Nosmik:
That store is not braking any laws. Even if you pass a backround check it is still your responsibility (sp?) to know the laws before bringing any weapons to the state.


Thats my point exactly.
When you leave California, you are no longer bound by Kalifornian law, you are bound bythe laws of the State, or Country that you are in.
If you buy a Kalifornian legal long gun in Idaho, you can legally bring it in with no transfer.
If you buy a homeland defense weapon, and you bring it in, you may be violating Kali law.
But to purchase a ling gun in another State, and not transfer it in Kalifornia is quite legal,
Link Posted: 10/31/2004 7:19:12 AM EST
[Last Edit: 10/31/2004 7:20:18 AM EST by EOD_Guy]
I'm sorry, but Federal law DOES require a dealer to follow both the laws in his state and the laws in an out of state purchaser's home state when selling rifles or shotguns to the out of state resident.

27CFR, Section 478.96(c)(1) states: A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun to a nonlicensed resident of a State other that the State in which the licensee's place of business is located if---

(iv) the sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions for sale in both States.

Section 478.96(c)(2) also states that the dealer is presumed to have had actual knowledge of the State laws and published ordnances of both states.
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