Buying/selling a gun out of state

[Librarian]

Simple answers for simple questions,
to keep you out of trouble for now - KYOOTFN!

If you live in California

and you want to buy a gun from or sell a gun to someone who does not live in California

the Feds think that is an interstate transfer (this is not a California thing)

and almost always require the sale go through a FFL whose business is in the state of residence of the person who winds up with the gun.

EXAMPLE 1:
you live in CA
your buyer lives in OK
THEREFORE the sale has to go through an OK FFL

EXAMPLE 2:
you live in CA
your seller lives in NV
THEREFORE the sale has to go through a CA FFL

NOTE that it makes no difference where the gun is, geographically - the critical facts are the states of residence of the seller and the buyer.

See http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

See also prior discussion thread
http://www.calguns.net/calgunforum/showthread.php?t=114142

[HondaMasterTech]

It's not a pdf !!!

[LesGrossman41510]

Im buying a AR15 from my friend in Georgia, i have learned through a little research that he has to send the gun (with BB installed on LR, and no magazines) with a photocopy of his ID to a california FFL, where i will then have to pay the transfer and DROS fee.

Is there any thing i am missing?

Thanks for making this thread.

[Librarian]

Im buying a AR15 from my friend in Georgia, i have learned through a little research that he has to send the gun (with BB installed on LR, and no magazines) with a photocopy of his ID to a california FFL, where i will then have to pay the transfer and DROS fee.

Is there any thing i am missing?

Thanks for making this thread.Presuming it's an OLL, that looks right; be sure the receiving FFL is on board before shipping the rifle. Some won't accept shipments from private individuals, and you'll want to be prepared for the amount the FFL will charge for the transfer.

And remember you'll need a trigger lock or to sign the safe affidavit (http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Locks.2C _Safes.2C_and_Laws) (which is OK for rifles).

[LesGrossman41510]

so i also need to buy a trigger lock and have that installed too? hopefully my friend already has one, its a complete Stag kit that he bought pre assembled so maybe it came with one when he bought it.

[Librarian]

so i also need to buy a trigger lock and have that installed too? hopefully my friend already has one, its a complete Stag kit that he bought pre assembled so maybe it came with one when he bought it.Doesn't have to be 'installed', you just have to buy one at delivery, or buy one within the preceding 30 days, and bring the lock and receipt to pick it up.

Don't have to use it or keep it -- having a CA-approved lock that is appropriate for the gun is a requirement before the FFL can deliver to the buyer.

Details at the link in prior post.

[Legasat]

Great post!

Thanks for making these kinds of things easier!!!

[missiondude]

Presuming it's an OLL, that looks right; be sure the receiving FFL is on board before shipping the rifle. Some won't accept shipments from private individuals, and you'll want to be prepared for the amount the FFL will charge for the transfer.

And remember you'll need a trigger lock or to sign the safe affidavit (http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Locks.2C _Safes.2C_and_Laws) (which is OK for rifles).

Non FFL sellers out of state do not need to do the CFCL thing. If your FFL wont accept from a private person, find one that will. Saves money and hassle.

[lorax3]

Doesn't have to be 'installed', you just have to buy one at delivery, or buy one within the preceding 30 days, and bring the lock and receipt to pick it up.

With an attempt to stay on topic.

Would PC 12088.1 preempt a municipal ordinance in which the municipal ordinance required the trigger lock to be 'installed' on the firearm before it left the premises of the FFL?

San Diego Municipal Code 33.4212(a) [..]
The trigger locking or similar device shall be attached to the firearm prior to
the completion of the sale, gift, lending or transfer transaction, and the firearm
must leave the premises of the firearms dealer with the trigger locking or
similar device attached. If a trigger locking or similar device cannot be
attached because the firearm lacks a trigger guard, a lockable bag or box shall
be used in lieu of a trigger locking or similar device. Nothing in this section
shall prevent the firearms dealer from recovering the cost of the trigger
locking or similar device by charging a as part of the price of the firearm.

[Librarian]

With an attempt to stay on topic.

Would PC 12088.1 preempt a municipal ordinance in which the municipal ordinance required the trigger lock to be 'installed' on the firearm before it left the premises of the FFL?

I read 'installed' to mean 'built in to the gun, not removable'; there are some manufacturers who offer that.

That's what's not required; I'm not aware of any such ordinance( ETA except, of course, the one you quoted...), but since I presume it would apply only to the dealer's actions, it would not preclude the buyer from removing the removable lock once outside the store.

[LesGrossman41510]

once again thanks for making this thread. i will go through with my out of state seller and update with what happens.

so far i talked to the guys at irvington arms and they said they would do the transfer and dros for $75.

i wish there was a way i could do the backround check first, i dont want to have the rifle mailed out here, then fail the DOJ background check, i have a DUI that is 3 years old, would that affect the purchase of an AR15. other than that i have no felonies or jail time.

[Librarian]

once again thanks for making this thread. i will go through with my out of state seller and update with what happens.

so far i talked to the guys at irvington arms and they said they would do the transfer and dros for $75.

i wish there was a way i could do the backround check first, i dont want to have the rifle mailed out here, then fail the DOJ background check, i have a DUI that is 3 years old, would that affect the purchase of an AR15. other than that i have no felonies or jail time.

You can - but it seems to take a long time.

Personal Firearms Eligibility Check Application (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf)

I'm quite sure a DUI will have no impact, unless you didn't pay your fine and they've issued a warrant for you.

Generally, the disqualifying issues are listed here (http://ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf) (and for Honda Master Tech, I reproduced that at the wiki (http://wiki.calgunsfoundation.org/index.php/Firearms_rights_prohibitions) :) )

[LesGrossman41510]

^ thanks for that list, luckily i dont fall under any of those categories.

how is assault with a gun only a misdeameanor?? crazy.

i only have a DUI which i paid all my fines for, and i caught a suspended license charge but that is all in the past, i have had my license back for almost two years and have had it sqeaky clean until i got a speeding ticket yesterday. who knows, knowing california they might not allow!


i just had a small hassle when getting approved for my Glock, since i was going to college and not living at home anymore. i had to eventually just register the gun at my parents house where i lived, but i had to get a signed lease agreement because my name was not on the power billls at the house.

you can only register at an address that matches one on a valid california ID correct? my IDs only have my parents address, so i would have to register under there.

[LesGrossman41510]

bump, can any one clear up my confusion about the paperwork and ID? i am very close to having my friend ship out the AR lower to Irvington Arms, but i dont want to hit any hassles.

[Librarian]

bump, can any one clear up my confusion about the paperwork and ID? i am very close to having my friend ship out the AR lower to Irvington Arms, but i dont want to hit any hassles.

Long gun purchases do not require proof of CA residency; your DL ought to be all you need, besides $$ and patience through the 10-day wait and the trigger lock.

[paul0660]

sqeaky clean until i got a speeding ticket yesterday.

If they didn't cuff you and beat you yesterday, you will probably clear the backround check. :punk:

[LesGrossman41510]

hahaha naw no cuffing and beating. im just paranoid because i rememeber the residency verification for my Glock took damn near a MONTH! they kept saying i needed three power bills plus a residential lease form, etc etc etc to match my CA DL.

My DL has my parents address on it, which i dont have power bill verification for. My current address where i have power bills, cable bills, etc, is not listed on my DL!

hopefully this wont matter, once again thanks for the advice.