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Cyclepath
06-29-2009, 3:02 PM
I am planning to buy a AR pistol from out of state. The seller agreed to put a BB and a bob sled in order to make it single shot. What do I need to do in order to purchase this pistol from him? Does he need to ship from his local FFL to my FFL or can he just ship directly to my FFL? Also, I belive that out of state dealers need to register with the CA DOJ in order to transfer a firearm into CA? I want to make sure I do this the correct way and not break any laws.

I should add that the seller is not a dealer. He is a private party. And it is a registered pistol not a long gun.

Thank you.

Quiet
06-29-2009, 6:53 PM
It is up to the CA FFL dealer you are using, in order to determine if the seller can send it directly to the CA FFL dealer or if the seller needs to use a FFL dealer to send it to the CA FFL dealer.

If an out-of-state FFL dealer is sending it, that FFL dealer needs to be registered with the CFLC program and needs to get an apporval letter prior to sending the pistol.

So, ask your CA FFL dealer if he/she will accept shipments from non-licensed persons.

Cyclepath
06-29-2009, 8:05 PM
Thanks for your response.

kemasa
06-30-2009, 2:27 PM
If it ships through a FFL, it can be sent USPS, which is much cheaper than UPS or FedEx.

The CA DOJ "registration" is not a big deal, but some out of state places won't do it.

The FFL can directly receive the firearm, in which case typically the seller should send a copy of their drivers license and also check the FFL on https://www.atfonline.gov/fflezcheck/ to confirm that they are sending it to a real FFL.

Also, you should have the seller write a seller stating that it is a private sale, an occasional sale and that they don't have a business. Otherwise your FFL is required to collect sales tax, although many FFLs don't seem to know that ( CA Sales Tax Firearms Information 495.0843 & 495.0848).

Cyclepath
06-30-2009, 2:39 PM
Thanks. Yes, I am purchasing one in Texas. I want to make it as easy as possible so I will bear most of the cost with shipping and transfers fees. You know how everyone else thinks of CA laws. BTW, the person I am purchasing it from is my bro-in-law. Does that make any difference in regards to intrafamily transfer?

kemasa
06-30-2009, 4:22 PM
It does not appear that a brother-in-law would qualify. He could transfer it to your sister, then she could transfer it to one of your parents and then it could be transfered to you.

FAQ:

# Can I give a firearm to my adult child? Can he/she give it back to me later?

Yes, as long as the adult child receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction PDF logo [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

(PC section 12078(c))

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# Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?

Yes, as long as the person receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction PDF logo [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days.

(PC sections 12076(f), 12078(i))

The penal code states:

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.

There is another section which talks about "same immediate family", but I think that applies to living in the same house, perhaps brother and sister.

There are different sections for a spouse.

I did not look closely to ensure that it was dealing with family transfers. The form does not specify the limits, as it really should.