User Panel
Quoted: If it's legal according to CA, legal according to the FFL's state, and it's an OTC transfer of a long gun, then what would be the problem? From Backbencher's research, it sounds like NICS would approve the transfer if the FFL running the background check on a CA resident is on CA's special list of out-of-state dealers. View Quote View All Quotes View All Quotes Quoted: Quoted: Might be OK under CA law, but FFLs must follow Federal law. From Backbencher's research, it sounds like NICS would approve the transfer if the FFL running the background check on a CA resident is on CA's special list of out-of-state dealers. Calling and talking to a single person isn't enough to convince me. I would have to see it in writing. There is no way stores wouldn't take advantage of this.....no way. Cabelas has a store in Nevada right on the border that gets Californians non stop. I promise you if they could easily sell long guns to cali residents they would. |
|
Quoted: Calling and talking to a single person isn't enough to convince me. I would have to see it in writing. There is no way stores wouldn't take advantage of this.....no way. Cabelas has a store in Nevada right on the border that gets Californians non stop. I promise you if they could easily sell long guns to cali residents they would. View Quote Looks like each CA FFL enrolled on the CADOJ Centralized List (CL) of approved firearms dealers is assigned a five digit Centralized List number, and that's one of the identifying numbers they need in order to submit each transfer to a CA resident on CA's DROS system. An FFL cannot even apply to get on the CL unless they have a Certificate of Eligibility from the CA DOJ and a Seller's Permit issued by the State Board of Equalization. If there's somewhere to view the entire CL it'd probably verify/disprove if any out-of-state FFLs are on it, but I don't see it online. Maybe CA DOJ doesn't make it public. |
|
Easy was the wrong word for sure. I should have said if there was any to do so they would. The reason I used Cabelas as an example is that they sell in California so all the training and support is already in place so it would be easier for them compared to others not already doing business in California.
|
|
Quoted: EVERY state runs NICS. Most contact the FBI NICS directly, some use a state point of contact (a state agency that then contacts FBI NICS). NICS map View Quote Would you run a NICS check on a Floridian or would you contact FLDE for FPP? |
|
Quoted: Calling and talking to a single person isn't enough to convince me. I would have to see it in writing. There is no way stores wouldn't take advantage of this.....no way. Cabelas has a store in Nevada right on the border that gets Californians non stop. I promise you if they could easily sell long guns to cali residents they would. View Quote Well, you have their #, you're in a border state, you be the guinea pig. ETA: The 10 day waiting period likely discourages non Californian FFLs from screwing w/ it, particularly since they can just ship to a California FFL who gets to deal w/ the whole mess. I'm interested in the idea as I'm seriously considering pursuing an FFL in the next few months, and I have an odd interest in supplying arms to those behind enemy lines. If it's possible, and a hassle but not a huge expense, I could see fiddling w/ it. Would be nice to be the lone FFL in the area able to supply Californians on hunting trips. |
|
Quoted: Would you run a NICS check on a Floridian or would you contact FLDE for FPP? View Quote View All Quotes View All Quotes Quoted: Quoted: EVERY state runs NICS. Most contact the FBI NICS directly, some use a state point of contact (a state agency that then contacts FBI NICS). NICS map Would you run a NICS check on a Floridian or would you contact FLDE for FPP? The state systems all run through NICS. |
|
Quoted: Well, you have their #, you're in a border state, you be the guinea pig. ETA: The 10 day waiting period likely discourages non Californian FFLs from screwing w/ it, particularly since they can just ship to a California FFL who gets to deal w/ the whole mess. I'm interested in the idea as I'm seriously considering pursuing an FFL in the next few months, and I have an odd interest in supplying arms to those behind enemy lines. If it's possible, and a hassle but not a huge expense, I could see fiddling w/ it. Would be nice to be the lone FFL in the area able to supply Californians on hunting trips. View Quote View All Quotes View All Quotes Quoted: Quoted: Calling and talking to a single person isn't enough to convince me. I would have to see it in writing. There is no way stores wouldn't take advantage of this.....no way. Cabelas has a store in Nevada right on the border that gets Californians non stop. I promise you if they could easily sell long guns to cali residents they would. Well, you have their #, you're in a border state, you be the guinea pig. ETA: The 10 day waiting period likely discourages non Californian FFLs from screwing w/ it, particularly since they can just ship to a California FFL who gets to deal w/ the whole mess. I'm interested in the idea as I'm seriously considering pursuing an FFL in the next few months, and I have an odd interest in supplying arms to those behind enemy lines. If it's possible, and a hassle but not a huge expense, I could see fiddling w/ it. Would be nice to be the lone FFL in the area able to supply Californians on hunting trips. They wouldn't mind the wait. Like I said what is more likely? You see a loophole that nobody else does There's more to it |
|
Quoted: They wouldn't mind the wait. Like I said what is more likely? You see a loophole that nobody else does There's more to it View Quote I'm sure it's a pain in the ass to get, but that's what they're saying over the phone. Is there actually a process, or does your application go into limbo? I dunno. |
|
Quoted: Would you run a NICS check on a Floridian or would you contact FLDE for FPP? View Quote I thought you were a gun dealer? Of course I would call FBI NICS, it's required unless the buyer holds a Texas LTC/CHL. Where did you get the idea that dealers contact the state POC in other states? FBI NICS FFL Manual |
|
Quoted: Quoted: Would you run a NICS check on a Floridian or would you contact FLDE for FPP? I thought you were a gun dealer? Jesus, Tom, keep up. Aren't you reading this thread? Quoted: I'm interested in the idea as I'm seriously considering pursuing an FFL in the next few months... |
|
Quoted: Of course I would call FBI NICS, it's required unless the buyer holds a Texas LTC/CHL. Where did you get the idea that dealers contact the state POC in other states? FBI NICS FFL Manual View Quote How else would sell a firearm in compliance w/ that person's state law? Does NICS then contact the state in question? |
|
|
Quoted: How else would sell a firearm in compliance w/ that person's state law? View Quote View All Quotes View All Quotes Well, FBI NICS only knows what state of residence you tell them. NICS isn't told anything about the firearm other than handgun/long gun/other firearm. ATF publishes state firearms laws and its the dealers responsibility to keep up with what guns and magazines are legal for residents of other states. If from out of state and it's not a rifle or shotgun, they'll deny immediately. If a Californian, they deny immediately because of CA law on acquiring outside of CA. If it's a sale to a Colorado resident? Good luck. (see the lawsuits against Academy) Buyers from New Jersey, New York, Connecticut, etc? You damn well better know if that AR can be sold to a buyer from there. Does NICS then contact the state in question? No. FBI NICS only runs the buyers name and descriptive information, state of residence and the type of firearm. |
|
Quoted: I'm sure it's a pain in the ass to get, but that's what they're saying over the phone. Is there actually a process, or does your application go into limbo? I dunno. View Quote View All Quotes View All Quotes Quoted: Quoted: They wouldn't mind the wait. Like I said what is more likely? You see a loophole that nobody else does There's more to it I'm sure it's a pain in the ass to get, but that's what they're saying over the phone. Is there actually a process, or does your application go into limbo? I dunno. Such a pain in the ass that nobody has done it ever? Does that really sound reasonable. |
|
3 pages of shit show with maybe one or 2 correct answers to the OP
damn |
|
|
|
Quoted: We're talking California & gun control. 3 of the words in the preceding sentence are not reasonable. View Quote View All Quotes View All Quotes Quoted: Quoted: Such a pain in the ass that nobody has done it ever? Does that really sound reasonable. We're talking California & gun control. 3 of the words in the preceding sentence are not reasonable. I honestly can't tell if you're joking or being ignorant. The market is huge. Tens of millions of dollars huge. California is already one of the top gun buying states in the country and people would kill for that market. |
|
Well, you're the FFL in the neighboring state. Give em a ring Monday and find out how onerous the application is.
|
|
Quoted: Well, you're the FFL in the neighboring state. Give em a ring Monday and find out how onerous the application is. View Quote Nah I'm thankfully out of the biz at the moment. |
|
Quoted: 1968 - Gun Control Act made it illegal to obtain a gun outside your state of residence. An exception allowed you to buy from an FFL in an adjacent state if both states allowed it. 1986 - Firearm Owners Protection Act removed the adjacent state provision, allowing you to buy from an FFL in any state, if both states allowed it. So out of state FTF has been illegal since 1968. And since NC is not adjacent to WV, you could not even buy from an FFL till law was changed in 1986. View Quote View All Quotes View All Quotes Quoted: Quoted: Does this apply to FTF transactions only? And you mean added the prohibition, right? I'm not arguing I'm inquiring to learn. 1968 - Gun Control Act made it illegal to obtain a gun outside your state of residence. An exception allowed you to buy from an FFL in an adjacent state if both states allowed it. 1986 - Firearm Owners Protection Act removed the adjacent state provision, allowing you to buy from an FFL in any state, if both states allowed it. So out of state FTF has been illegal since 1968. And since NC is not adjacent to WV, you could not even buy from an FFL till law was changed in 1986. The FFL MUST OBEY the gun laws of both states in the transfer. A CA resident cannot purchase a long gun that is not legal in CA in Nevada. |
|
|
Quoted: The FFL MUST OBEY the gun laws of both states in the transfer. View Quote View All Quotes View All Quotes Quoted: Quoted: 1968 - Gun Control Act made it illegal to obtain a gun outside your state of residence. An exception allowed you to buy from an FFL in an adjacent state if both states allowed it. 1986 - Firearm Owners Protection Act removed the adjacent state provision, allowing you to buy from an FFL in any state, if both states allowed it. So out of state FTF has been illegal since 1968. And since NC is not adjacent to WV, you could not even buy from an FFL till law was changed in 1986. The FFL MUST OBEY the gun laws of both states in the transfer. RIF |
|
Quoted: We are both WA State residents, but the rifle was physically purchased within the borders of S Carolina and is not leaving. I think we’ll take it to a gun store in S Carolina when we are both there next and facilitate the paperwork there. That should resolve. View Quote The rifle is in SC? Your buddy is in SC? SC allows private transfers? The "authorities" in Washington don't know anything about the rifle? Take his money, tell him the rifle is his and move on with your life. No, it's not legal since you're a resident of another state, but nobody cares. Literally, nobody cares. If somebody were to take this thread to the ATF they would, at best, shrug. |
|
|
Quoted: You call (916) 210-2750, though I would suggest you not tell the very nice lady she is a shithead. I very specifically spelled out I was interested in making OTC sales to Californians, not shipping directly to California FFLs.... View Quote View All Quotes View All Quotes Quoted: Quoted: Okay, please lead us nitwits to said registration process to allow a out of state dealer to be a "California dealer". If such a system was available, I guarantee you that every dealer in Arizona, Nevada and Oregon would be advertising the heck out of their ability to sell to CA residents......and that isn't being done. I'm gonna take a wild assed guess that the person that told you that is a shithead and has no idea what they or you were talking about. Or They confused your question with out of state dealers enrolling in the CFLC Shipment Verification system. You call (916) 210-2750, though I would suggest you not tell the very nice lady she is a shithead. I very specifically spelled out I was interested in making OTC sales to Californians, not shipping directly to California FFLs.... I did call, several times over three days. CA DOJ never returned a call. So I then used the Bureau of Firearms "contact us" online form to ask the following: "Hello, I'm a licensed firearms dealer in Plano, Texas. I am currently registered with the California CFLC system. I understand California law prohibits me from conducting an over the counter sale and transfer to a CA resident here in Texas, instead requiring the direct shipment to a CA dealer using the CFLC system. I have two questions: 1. Is there a registration application or process that would allow me to transfer a rifle or shotgun over the counter and directly to a California resident who is visiting Texas? For example a CA resident visiting family and wants to purchase a shotgun or rifle to use on a hunting trip here in Texas before returning to his home in California. 2. If there is such a registration application or process that permits such an OTC sale & transfer, who are the other out of state dealers currently registered to do so?..." No response from CDOJ. So after a week I sent the same email again. No written response but a phone call yesterday. (CA DOJ learned that from ATF....don't put anything in writing) The nice lady said they had received my email and "please take note of California Penal Code 27585". I told her I had read that, but was interested in the application to perform OTC sales to CA residents.......she said "there isn't one" and then read the first paragraph of CA PEN 27585: "Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2." Then said, "there are no other exemptions than those set forth in this section". This was "Operator 212". So if your nice lady told you there was an application you might call her back, 'cause right now.....she's a shithead or didn't understand your question. |
|
Quoted: I did call, several times over three days. CA DOJ never returned a call. So I then used the Bureau of Firearms "contact us" online form to ask the following: "Hello, I'm a licensed firearms dealer in Plano, Texas. I am currently registered with the California CFLC system. I understand California law prohibits me from conducting an over the counter sale and transfer to a CA resident here in Texas, instead requiring the direct shipment to a CA dealer using the CFLC system. I have two questions: 1. Is there a registration application or process that would allow me to transfer a rifle or shotgun over the counter and directly to a California resident who is visiting Texas? For example a CA resident visiting family and wants to purchase a shotgun or rifle to use on a hunting trip here in Texas before returning to his home in California. 2. If there is such a registration application or process that permits such an OTC sale & transfer, who are the other out of state dealers currently registered to do so?..." No response from CDOJ. So after a week I sent the same email again. No written response but a phone call yesterday. (CA DOJ learned that from ATF....don't put anything in writing) The nice lady said they had received my email and "please take note of California Penal Code 27585". I told her I had read that, but was interested in the application to perform OTC sales to CA residents.......she said "there isn't one" and then read the first paragraph of CA PEN 27585: "Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2." Then said, "there are no other exemptions than those set forth in this section". This was "Operator 212". So if your nice lady told you there was an application you might call her back, 'cause right now.....she's a shithead or didn't understand your question. View Quote I dunno then. We have two different responses from the same regulatory agency - sounds exactly like ATF. |
|
Quoted: I dunno then. We have two different responses from the same regulatory agency - sounds exactly like ATF. View Quote View All Quotes View All Quotes Quoted: Quoted: I did call, several times over three days. CA DOJ never returned a call. So I then used the Bureau of Firearms "contact us" online form to ask the following: "Hello, I'm a licensed firearms dealer in Plano, Texas. I am currently registered with the California CFLC system. I understand California law prohibits me from conducting an over the counter sale and transfer to a CA resident here in Texas, instead requiring the direct shipment to a CA dealer using the CFLC system. I have two questions: 1. Is there a registration application or process that would allow me to transfer a rifle or shotgun over the counter and directly to a California resident who is visiting Texas? For example a CA resident visiting family and wants to purchase a shotgun or rifle to use on a hunting trip here in Texas before returning to his home in California. 2. If there is such a registration application or process that permits such an OTC sale & transfer, who are the other out of state dealers currently registered to do so?..." No response from CDOJ. So after a week I sent the same email again. No written response but a phone call yesterday. (CA DOJ learned that from ATF....don't put anything in writing) The nice lady said they had received my email and "please take note of California Penal Code 27585". I told her I had read that, but was interested in the application to perform OTC sales to CA residents.......she said "there isn't one" and then read the first paragraph of CA PEN 27585: "Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2." Then said, "there are no other exemptions than those set forth in this section". This was "Operator 212". So if your nice lady told you there was an application you might call her back, 'cause right now.....she's a shithead or didn't understand your question. I dunno then. We have two different responses from the same regulatory agency - sounds exactly like ATF. They are not attorneys, and are not YOUR attorney. |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.