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redbull addict
03-30-2009, 1:55 PM
So after about 15 seconds of soul searching I realize now this is my fault, although in the first few seconds I was cursing the CA DOJ.

I purchased a HK P7M8. I know its on the list since I've purchased one about a year ago. My FFL calls me tells me the gun has arrived from out of state and I rushed over to take care of the paperwork. As soon as she opened it she said "We have a problem, this pistol is not blue anymore". After a few seconds, I realized I screwed up royally.

I call the seller and he says he doesn't want the gun back and that the deal is done. OK, fair enough (sorta) but what do i do now? I'm not going to give it back to the guy as a gift. I can't sell it to anyone else since I don't really own it....

Did I just throw out $1,200 in the gutter??

How can the CA DOJ claim the roster is for safety when the finish has absolutely no bearing on it. This particular pistol is NP3 coated versus the standard blue finish. Is there no way to challenge their wisdom or their procedure or this ridiculous law?

BONECUTTER
03-30-2009, 1:57 PM
Your FFL can hold it til you sell it to someone else out of state or a LEO here.

beerup949
03-30-2009, 2:01 PM
Yeah, just list it on Gunbroker or something. You might get more than you paid. www.hkpro.com is a good site/forum similar to calguns I go to. It's just H&K owners and they might swoop that pistol right up.

redbull addict
03-30-2009, 2:11 PM
Can I really sell it?

fairfaxjim
03-30-2009, 2:16 PM
Can I really sell it?

Yeah, just not in CA, unless your dealer sells it to an LEO or FFL for you. List it and have your FFL ship it to the buyer's FFL outside of CA.

Librarian
03-30-2009, 2:17 PM
How can the CA DOJ claim the roster is for safety when the finish has absolutely no bearing on it. This particular pistol is NP3 coated versus the standard blue finish. Is there no way to challenge their wisdom or their procedure or this ridiculous law?
Others have offered some 'outs' for you, but please read
http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List
for the answer to both parts of the above.

Mr. Magoo
03-30-2009, 2:18 PM
Couldnt you have it refinished and blued if you really want it?

Barbarossa
03-30-2009, 2:36 PM
I believe they are listed my the manufacturers SKU#, not color.

for example:

123-blue is different from 123-silver.

It is the number not the appearance.

fairfaxjim
03-30-2009, 7:20 PM
The real kicker, for me anyway, is that PC12131.5 allows manufacturers to get guns that differ only in cosmetic details listed by petitioning, without having to retest them. Unfortunately only a manufacturer or importer can do this. I shows just how stupid the finsih BS is on the list - it is ok sometimes, but only for the manufacturer, and then only if they petition. It reality, your P7M8 is functionally and safety wise no different from any with the original blued finish. It simply proves how disruptive the roster was intended to be - safety was only a smoke screen.

12131.5. (a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 12131 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:
(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
(2) The material from which the grips are made.
(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm.
(c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.

moredes
03-31-2009, 7:52 AM
I'm not tryin' to stir the *****, I'm really posing this question to see if I can help Redbull out. Can he really sell it?? How is that possible if he can't file papers and take ownership? Isn't he functioning as a kind of "middle man", arranging the sale of the gun for his FFL?

I could "buy it" from the FFL and deliver to Redbull. I'm an out-of-state resident with a CA ID. However, if I was to do that, I'm tryin' to figger out how to 'take ownership' without it costing me anything ('cause I don't want it), AND guarantee Redbull that I'd "sell"/deliver it to him in CA with a FTF transaction...

I'm not up on the CA handgun regs. Ya'll got any ideas?

Dr Rockso
03-31-2009, 10:49 AM
I think he can still own it even if he can't possess it since it can't be transfered to him because of the stupid roster. There was a discussion a while ago about a felon receiving a gun through inheritance. It's still his property, he just can't possess it :confused:.

Maybe you can have it shipped out of state and colored blue with a sharpie. Hey, it's 'blue'.

swhatb
04-01-2009, 9:41 AM
sell it to a LEO in a PPT. than have the LEO sell it back to you as a PPT in 12 months :thumbsup:

yellowfin
04-01-2009, 10:00 AM
Sue the DOJerks? This would make a great post Nordyke case because it's squeaky clean. You're flatly being denied your property because of a useless quirk in a useless law. The perfect reasonable resolution is to have the court strike the finish provision.

May lightning strike the next person who says "Two weeks." That **** is really getting on my nerves.