05-29-2009, 12:16 AM
this question only pertains to rifles and shotguns, all of the information i have read states handguns can only be purchased within your home state.
i've been looking at the web and several sites (including the nra-ila) and according to the gun control act of 1968 interstate gun purchases are allowed of rifles and shotguns so long as they are performed in person (and the firearm is legal in both the state in which the weapon is being sold as well as in the state to which it will be taken to).
--- the statements i read off of the atf's web site are also similar although in most cases the wording has changed from "rifles and shotguns" to "lawful sporting purposes" ---
(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.
"§ 178.29a Acquisition of firearms by nonresidents.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State shall receive any firerms unless such receipt is for lawful sporting proposes."
does anyone have any experience performing such a purchase? curiosity is peaking in me as i may soon be out of state for a short period of time and if i can make a legal purchase of a shotgun or rifle...well why not?
05-29-2009, 12:30 AM
Fed law says the sale needs to comply with CA law.
CA law says it needs to go through a CA FFL dealer.
However, it is legal for a CA resident to borrow/rent a firearm in another state, for a temporary lawful sporting purpose.
US Code Title 18 Part 1 Chapter 44 Section 922
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (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 firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
CA Penal Code 12070
(a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor.
CA Penal Code 12071
(a)(1) As used in this chapter, the term "licensee," "person licensed pursuant to Section 12071," or "dealer" means a person who has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by local government.
(C) A valid seller's permit issued by the State Board of Equalization.
(D) A certificate of eligibility issued by the Department of Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in subdivision (e).
CA Penal Code 12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.
05-29-2009, 7:14 AM
An unlicensed California resident can acquire a C&R rifle or shotgun that is at least 50 years old from an FFL in another State, as long as the transaction takes place at the out of state FFL's licensed premises. That's because 50+ year old C&R long guns are exempt from California's FFL transfer requirement. So the out of state FFL can comply with the requirements of both his State and California. For modern rifles and shotguns there is no way for an out of state FFL to comply with California's transfer requirements.
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