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Posted: 6/15/2001 8:08:43 PM EDT
Can a family relative who lives out of state give or sell me a used Keltec P-32?
Link Posted: 6/15/2001 10:24:55 PM EDT
Yes, but it must be a private party transfer. The seller and the owner must appear at the FFL at the same time. The relative may have to come here since there is the 10 day waiting period for CA transfers. You should check the DOJ web site to be sure.
Link Posted: 6/16/2001 1:54:09 AM EDT
".....who lives out of state...." is the key info.... BKinzey is WRONG... Sorry Mechandy,....but bringing in the gun from out of state would be importing an unsafe handgun into CA and that is illegal...Only legal option you have is to find a seller that is IN California who owns a Keltec p-32...And yes private party transfer would have to be done through an FFL with both parties present...
Link Posted: 6/16/2001 10:51:40 AM EDT
Link Posted: 6/16/2001 12:20:57 PM EDT
but if the relative had the gun instate before the "list" he could sell it to you. it doesnt matter whos selling the gun instate as long as it was sold instate before the list was created so if i friend that lived in ca had one they could sell it to u with the transfer going thru a FFL
Link Posted: 6/16/2001 1:35:03 PM EDT
BKinzey is, er...could be, RIGHT! I said to check the DOJ site. I just did and it's confusing, you should get clarification from the DOJ. http://caag.state.ca.us/firearms/certlist.htm "Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. This query will return handgun models that are currently certified for sale in California. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement." So you need to check with the DOJ and find out if the exemption is for the test only or also the manufacturing, importation clauses as well.
Link Posted: 6/17/2001 4:03:01 AM EDT
This reply is OT, but I hadn't looked at [url]http://caag.state.ca.us/firearms/certlist.htm[/url] in a while. Bryco (i.e. Jennings) and Davis, two of the most notorious makers of inexpensive handguns (i.e. N-Town Saturday Night Specials) each have several models on the list. Assembly Bill 15 was intended to put them out of business. Unreliable and not very durable perhaps, but they have never actually been "unsafe".
Link Posted: 6/18/2001 9:27:21 AM EDT
Link Posted: 6/18/2001 11:24:51 AM EDT
Originally Posted By cyrax777: but if the relative had the gun instate before the "list" he could sell it to you. it doesnt matter whos selling the gun instate as long as it was sold instate before the list was created so if i friend that lived in ca had one they could sell it to u with the transfer going thru a FFL
View Quote
Please note that if the relative had the gun instate [b]legally[/b], then you are OK. Please note that when you move to California, you have a short period of time before you have to [i]register[/i] your guns. If your relative failed to register, then they may open a can of worms by selling it to you...
Link Posted: 6/18/2001 1:54:36 PM EDT
sorry i forgot to add that i just assumed the instate relative had it legaly
Link Posted: 6/18/2001 2:15:30 PM EDT
Here's what I think is pretty close to the mark: Let's say you covet your brother-in-law's personally-owned KelTec, and he lives outside of California. For sanity's sake, let's assume he doesn't have an FFL. [His having an FFL could color this discussion as he could still be regarded by CA as a dealer even though it's a private-party transfer.] Bro-in-law can legally bring the KelTec into Kalifornia - although he'd have to register it if he stayed in Kalif for more than 60 days. [FYI: all those moving into California with handguns must register them within 60 days. Whether it's on "the list" or not is immaterial as this is ownership, not a new sale.] Then, you & he arrange to meet at an FFL dealer and do a private-party transfer. I'm guessing you might both have to be there as the "evil, faulty" gun doesn't enter into the FFL's general resale inventory. 10 days later, you now have your used, off-list gun. You get to have an not-on-list gun because it's a private transfer. -Bill San Mateo, CA
Link Posted: 6/19/2001 2:48:45 PM EDT
Link Posted: 6/19/2001 5:41:52 PM EDT
Troy wrote: "This is, unfortunately, not true. It is illegal to import into the state any gun not on the list or specifically exempted. It would be illegal to regster them here as well (you'd be volunteering your illegal status)." Sorry, Troy... Not true. Gotta read the law. You're confusing the "safe"/"unsafe" handgun law here, with the "assault weapon" law. Two entirely different sets of laws apply (SB15 vs. SB23 + Roberti-Roos/Kasler). It's illegal to "import for sale" (meaning for commercial sale) an "unsafe" handgun. However, ownership is not banned for those moving into Kalif, although you have to file handgun reg papers at 60 days of Kalif residency. Let's say I'm a Nevada citizen. I have a Llama 45 (assume this gun isn't on "the list" of "approved safe guns", which I believe the case to be) and want to visit Kalif with it (locked in my trunk, unloaded, etc.). That's fine, dandy and legal. And suppose I move here or stay more than 60 days and register it. That's also fine, no problem, doesn't matter if it's on the list. As long as I have no legal problems, etc and pay the fee and fill out the paperwork, it's OK [as long as it's not in a separate category - like an assault pistol like a Tec-9, etc.]. Returning to my brother-in-law example in my previous post, he can decide to sell his own gun anytime he wants to as long as it's thru an FFL as a private-party transfer -- if that were a one-time, unrepeated thing then it'd be no problem. A repeated pattern or habit of this by either party, or very short turnaround time before resale (i.e, buy in NV 1 week, sell in CA next week) or the seller charging and buyer accepting outrageous pricing, etc. might, however, help establish commercial motivation, trigger an investigation, etc. Now, even with all the above, I'm fairly sure guns can't be brought in with a hicap mag: the Kalif hicap mag bans importing such mags for whatever reason (not just commercial sale). -Bill San Mateo, CA
Link Posted: 6/19/2001 8:54:30 PM EDT
[Last Edit: 6/19/2001 8:51:57 PM EDT by Troy]
Link Posted: 6/20/2001 8:56:36 PM EDT
How about if the relative is you dad or mom? I've been told you can have a gun given (sold?) to you from a parent. Supposedly this is another weird law for direct desendants, it doesn't work for siblings, aunts & uncles etc. Supposedly you don't even have to fill out the Private Party Transfer, just register it since you are in CA. Might be worth looking in to. As an aside, if you really want a KelTek P-32 there is one in the Los Angeles area, he wants $350 firm for it.
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