Quoted: See this argument just doesn't make sense to me. How are you incriminating yourself? The purchase of the firearm is being completed legally in another state. The CA DOJ has stated that the receiver in question is an unlisted AR-15 and is legal to own and possess in this state. Until stated by them otherwise, it is no different than any other legal long gun. It is not illegal to import legal long guns into the state of California. It is not a crime that a firearm you imported from another state should, after the fact, become declared an AW and be required to be registered.
As far as waiting periods go, that is all in the law of the land. The law of the land in Arizona... and most other states for that matter... do not require any kind of waiting period for rifles. The purchase was not done on Californian soil, therefore California has no say on the waiting period. There is no law that I'm aware of that states that any firearm you intend to import, that you must have had some damn waiting period gone through.
You don't have to buy it from some out of state FFL and have it transfered to a CA FFL, and in turn have them put you through a 10 day waiting period before finally transfering it to you... if you have the means to goto the out of state FFL in person, and they sell it to you, if its not a listed illegal firearm in CA, then hell by all means bring it back home with you! No such thing as a "legal to purchase and possess... uh... but only if you bought it here" law/code. If there is, I'd sure love to see it!
Technowizard
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As a resident of the PRK, you fall under PRK law, NOT Arizona. According to the ATF, an interstate sale is permissable, so long as it is legal in BOTH states. CA requires a waiting period/DROS, etc........so its NOT legal for a CA resident to purchase a gun in any state, by driving there.....by CALIFORNIA law. How do I know....been helping some friends with their STAG's I sold them.
Here's the pertinent CA legal stuff:
What is the process for purchasing a firearm in California?
All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.
As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.
If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.
Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).
(PC Section 12071)
14. I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?
Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement. Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:
a. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction
b. For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of $10.00 per each additional firearm transferred.
(PC section 12072(d))