Posted: 7/23/2010 7:32:56 AM EDT
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Question for you California types...
I will be in Chico on business here soon. A buddy has a pistol for sale. I am wanting to buy it from him. Cash. He insists on going through a dealer because he thinks that what the law requires. Basically his local FFL shipping it to Colorado and then me doing the FFL transfer thing here. I had an FFL for a long time, but the whole California thing has me confused. Long story short, are face to face transfers/sales legal in California if a firearm is papered to him and I am not a California resident? I do understand I can not directly buy a handgun from a FFL while in California. |
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Yeah I was going to mention the FEDERAL felony you were attempting to commit. You need a federal firearms license to do a FTF transfer across state lines for firearms.
Title 27 CFR § 478.29 Out-of-State acquisition of firearms by non licensees. No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section: (a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97. In (a) bequest means receiving a weapon willed to you. In (b) that means you can buy a long gun (rifle/shotgun) from an FFL can bring it across state-lines. In (c) §§478.30 speaks to the loan or rental of a firearm for temporary sporting use, 478.97 speaks to clubs or associations lending/renting for shooting activities. |
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Quoted:
Yeah I was going to mention the FEDERAL felony you were attempting to commit. You need a federal firearms license to do a FTF transfer across state lines for firearms. Title 27 CFR § 478.29 Out-of-State acquisition of firearms by non licensees. No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section: (a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97. In (a) bequest means receiving a weapon willed to you. In (b) that means you can buy a long gun (rifle/shotgun) from an FFL can bring it across state-lines. In (c) §§478.30 speaks to the loan or rental of a firearm for temporary sporting use, 478.97 speaks to clubs or associations lending/renting for shooting activities. Paul, so you're saying a California resident can drive into az/nv and purchase long rifles (from a licensed dealer) then drive them back? No involvement with a FFL in California? |
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I found this quote on another forum about a similar question pertaining to out of State long rifle purchases.
"If they are from California - well... I can't even sell them a water pistol. No guns at all. That's California Law and we bump into that all the time. There are a couple other states that we can't sell too either. I think Maryland is one of them." Figured Id throw in the water pistol part of the comment... *sigh*... so dramatic. Anyway, would this not be completely ridiculous? Since when would another State care about California law as long as they are obeying their own? |
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Quoted:
Quoted:
Yeah I was going to mention the FEDERAL felony you were attempting to commit. You need a federal firearms license to do a FTF transfer across state lines for firearms. Title 27 CFR § 478.29 Out-of-State acquisition of firearms by non licensees. No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section: (a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97. In (a) bequest means receiving a weapon willed to you. In (b) that means you can buy a long gun (rifle/shotgun) from an FFL can bring it across state-lines. In (c) §§478.30 speaks to the loan or rental of a firearm for temporary sporting use, 478.97 speaks to clubs or associations lending/renting for shooting activities. Paul, so you're saying a California resident can drive into az/nv and purchase long rifles (from a licensed dealer) then drive them back? No involvement with a FFL in California? Under Federal law, you are correct –– there is nothing at the Federal level to prevent you from doing that. However.... Our LOVELY state has a state-level law that makes that illegal. State law says that out-of-state purchases MUST be sent to an in-state FFL. So basically, say you're in Phoenix on business and you see a gun you like. IF the dealer is willing to deal with a Californian, what you'll do is you'll pay for the gun and the dealer will ship it to the FFL of your choice in California. Then when you return to CA, you go to the dealer, DROS the firearm, do the 10 day wait, and then it's yours. |
