Questions about Private Party Transfer

[ARCHIVED THREAD] - Questions about Private Party Transfer

Posted: 8/29/2005 10:30:45 AM EDT

Hi everyone,

I have a few questions regarding the private party transfer. I myself have never done a private party transfer, I would usually buy the gun directly from the store. But, here is what I want to know, it is my understanding, correct me if I am wrong, that if buying from a private party, the gun does not have to be neccessarily approved on the DOJ list. So therefore, I have a friend who has a .50AE Desert Eagle Pistol and he wants to sell it to me, but he lives in Nevada, but he comes to california to visit his family occasscionally. So is it still possible to do the transfer even though he is out of state, but as long as we do the transfer face to face? Any comments would be appreicated. Thank you.

Posted: 8/29/2005 10:43:04 AM EDT

[#1]

I'm afraid not. A non approved handgun cannot be imported into California for sale. Both California and Federal law would require that the transfer be conducted through a California dealer. Since the sale would be from a Nevada resident to a California resident, the dealer cannot transfer a handgun not on the list.

Posted: 8/29/2005 11:40:06 AM EDT

[#2]

Quoted:
I'm afraid not. A non approved handgun cannot be imported into California for sale. Both California and Federal law would require that the transfer be conducted through a California dealer. Since the sale would be from a Nevada resident to a California resident, the dealer cannot transfer a handgun not on the list.

I dont think this is actually the case. The way that I was seeing it, a person could legally bring a non approved handgun in the state(when moving to CA) as long as they purchased it legally outside the state(legally living outside the state).

A dealer can transfer a used gun not on the list, but they cannot transfer a new gun not on the list.

They only problem I see with your situation is that he isnt moving here, he is just visiting. If i moved here I would say you would be ok, but if he isnt, I dont think its going to work

Posted: 8/29/2005 11:50:51 AM EDT

[#3]

I thought retailers can not sell a non-apprived handgun themselves, but if they are just filing the paperwork, like in a PPT, then the approved list goes out the window...

Posted: 8/29/2005 12:42:44 PM EDT

[#4]

That is pretty much my understanding

Posted: 8/29/2005 1:38:06 PM EDT

[#5]

Thanx for the reply everyone, so basically the transfer can be made, but since he is a Nevada resident, therefore, we cannot do the transfer unless he moves into california? That is my understanding so far.

Posted: 8/29/2005 2:54:45 PM EDT

[#6]

yeah, i think that is the case. You might be able to have him get a bill in california and claim dual residency. That might work.

Posted: 8/29/2005 10:03:11 PM EDT

[#7]

Quoted:
I'm afraid not. A non approved handgun cannot be imported into California for sale. Both California and Federal law would require that the transfer be conducted through a California dealer. Since the sale would be from a Nevada resident to a California resident, the dealer cannot transfer a handgun not on the list.

As far as I know, a used handgun is not required to be on CalDoJ of approved firearms(this is according to the guy who owns the local indoor range who is also a FFL-holder who does Calif transfers.), this list only applies to new guns sold by stores etc.

Posted: 8/30/2005 5:21:11 AM EDT

[#8]

Quoted:
Quoted:
I'm afraid not. A non approved handgun cannot be imported into California for sale. Both California and Federal law would require that the transfer be conducted through a California dealer. Since the sale would be from a Nevada resident to a California resident, the dealer cannot transfer a handgun not on the list.

As far as I know, a used handgun is not required to be on CalDoJ of approved firearms(this is according to the guy who owns the local indoor range who is also a FFL-holder who does Calif transfers.), this list only applies to new guns sold by stores etc.

That is not true. Used guns cannot be sold from a dealer's inventory if they are not on the list, except to certain exempt persons. A dealer can process a private party transfer for an unapproved handgun.

However, in this case, the person selling the handgun is not a resident of California and he cannot import the handgun into the state for sale.

There are some exemptions to the approval requirement, such as C&R handguns and some single action revolvers.

Posted: 8/31/2005 3:47:41 PM EDT

[#9]

In 2002 I sold a Colt series 80 to a friend in Cali, and I had a Nevada license. It was no problem at the dealer.

Posted: 8/31/2005 4:37:24 PM EDT

[#10]

deleted........

meat

Posted: 8/31/2005 8:59:40 PM EDT

[#11]

Quoted:
I thought retailers can not sell a non-apprived handgun themselves, but if they are just filing the paperwork, like in a PPT, then the approved list goes out the window...

That's why you'll see all of the guns not on the "approved list" being sold as "consignment" instead of "used"

Posted: 8/31/2005 10:16:17 PM EDT

[#12]

Quoted:
Quoted:
I thought retailers can not sell a non-apprived handgun themselves, but if they are just filing the paperwork, like in a PPT, then the approved list goes out the window...

That's why you'll see all of the guns not on the "approved list" being sold as "consignment" instead of "used"

Ok, I am very confussed, because I thought that is EXACTLY what he was asking and everyone was telling him no. Unless I overread something important...

Posted: 8/31/2005 10:30:18 PM EDT

[#13]

Isn't it funny how through all this, there is absolutely NO effect on public safety but just makes firearm owners lives that much difficult?

Just a thought which I'm sure you all have gone through many times living in this state...

(Now back to original topic)

Posted: 9/1/2005 6:14:18 AM EDT

[#14]

Quoted:
Quoted:
Quoted:
I thought retailers can not sell a non-apprived handgun themselves, but if they are just filing the paperwork, like in a PPT, then the approved list goes out the window...

That's why you'll see all of the guns not on the "approved list" being sold as "consignment" instead of "used"

Ok, I am very confussed, because I thought that is EXACTLY what he was asking and everyone was telling him no. Unless I overread something important...

The problem is that the gun is in Nevada. It cannot be brought into California to be sold. If someone was moving to California, they could bring and unapproved handgun with them since the purpose of the importation was not to sell the gun. The key phrase is "imported for sale".

Posted: 9/1/2005 3:02:15 PM EDT

[#15]

Can a Nevada resident put a non-approved gun on consignment with a California gun dealer for sale to California residents?

Or is it that the gun can't come into California unless the owner is moving to California?

Posted: 9/1/2005 5:37:42 PM EDT

[#16]

Quoted:
Can a Nevada resident put a non-approved gun on consignment with a California gun dealer for sale to California residents? No. That would be importing with intent to sell

Or is it that the gun can't come into California unless the owner is moving to California?
correct

[ARCHIVED THREAD] - Questions about Private Party Transfer

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