Legally purchasing a CA legal rifle or shotgun (not a AW) outside of CA by a CA resident [b]WITHOUT[/b] going through a CA FFL. Hypothetical scenario.


First, the two pertinent sections.

From the BATF website:

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

[i]A person may only buy a firearm within the person's own state, [b]except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state[/b], provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides.[/i] [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

From the CA DOJ Firearms website:

What is the process for purchasing a firearm in California?

[i]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.[/i]

(PC Section 12071)


Ok, read both sections carefully. Fed law say one must comply with the laws in one's state of residence, and in the state of the sale. CA law says one must go through a FFL and wait 10 days before taking delivery. CA law does NOT say the FFL must be a CA FFL.

So let's say I go on a road trip for vacation. And in NV I find a rifle I would like to buy for a really good price at a gun store. I get the store owner to agree to a deal where I will pay him a non-refundable 50% down on a credit card and do the NICS check right then, and that in say, 15 days, I'll be back in and pay the balance. Again on a credit card, and take delivery of the rifle and bring it home with me.

The $64,000 question? Would this be legal? If not, why not?

I would have gone through a FFL, went through a background check, and waited the required 10 days. All per CA and Fed law.

Please just respond to the question, I know a non CA FFL probably wouldn't do it, but I can hope.

The problem with your scenario is that dealers outside of California do not have access to the DROS system and are not registered with the California Dept of Justice.  The only way you can purchase a firearm outside California is to have the dealer send the firearm to a California dealer for transfer to you in California.

EOD_Guy is right and there are no exceptions.

Actually, there is at least one exception.  If you have a Curio & Relic  (Type 03) FFL, you can purchase curio and relic firearms out of state and bring them back with you.  

The C&R, that's just long guns though isn't it? I thought handguns still had to go through a 10 day wait. Meaning you had to use an FFL, which means the transfer is no longer private party so the handgun has to be on the approved list, which knocks out pretty much all of them. Correct?