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MotorT
07-10-2009, 3:01 PM
Hope this is the right section to ask this in, if not my apologies in advance.
Back in the AW registration period days, I had a ton of AWs, and not enough money at that time to register them all.
At that time, I chose to take the ones I could not afford to register, remove them from the state of California and store them in a safe at a friend's house in Nevada.
Now, I have decided it's time to get rid of a couple of them.
I have a friend who is a California LEO, who is interested in purchasing 2 of the AWs. He has no problem getting a dept letterhead to purchase them.
Now the question, how can we go about making a legal transaction?

evollep3
07-10-2009, 3:02 PM
i gotta ask what kinda guns are they?

akjunkie
07-10-2009, 3:04 PM
how many AWs did U have?

if memory serves me right, it was $25 per Form. about 5 AWs per Form.

Agro
07-10-2009, 3:27 PM
how many AWs did U have?

if memory serves me right, it was $25 per Form. about 5 AWs per Form.

That's big money right there, $25... If that was true, then this whole story sounds a little weak.

lorax3
07-10-2009, 3:29 PM
Are you referring to the AW's you registered in this state, or the ones in NV?

Where are the firearms you want to sell located?

CA_SHARPSHOOTER
07-10-2009, 3:40 PM
sounds like a fishing expedition

lorax3
07-10-2009, 3:46 PM
sounds like a fishing expedition

Why would it matter? If we provide him with legal information no one will be put into any incriminating positions.

Guns R Tools
07-10-2009, 3:51 PM
It would be best to contact AW dealer in your area.
Even thought the AW is yours, you can't bring it in to CA since you didn't register. AW dealer might have ways to do it with conjunction with OOS dealer.

Good luck.

stix213
07-10-2009, 5:00 PM
Can't you sell them to him in Nevada and let him figure out how to import them?

DarkHorse
07-10-2009, 5:11 PM
Can't you sell them to him in Nevada and let him figure out how to import them?

Hmm...I'm thinking 'no.'

Both CA residents, so paperwork has to be handled by a CA FFL, as far as receiving the firearm goes.

For example, if you, as a CA reisdent went to Reno and saw a gun you liked, you would need that seller to ship the firearm to an FFL in CA, and then finalize the transaction with him her (DROS, etc.).

Also, to be overly technical, I don't believe a CA LEO can "import" an AW; he/she would have to purchase one from somebody authorized by DOJ/BOF/whatever to import AW's.

methinks, neweigh

SCMA-1
07-10-2009, 5:50 PM
It cost $25 per registration and there was no limit to how many guns you could register; you just attached additional cards as continuations of the original card.
The story about not being able to afford to registration many guns doesn't wash.

SCMA-1

akjunkie
07-10-2009, 7:48 PM
It cost $25 per registration and there was no limit to how many guns you could register; you just attached additional cards as continuations of the original card.
The story about not being able to afford to registration many guns doesn't wash.

SCMA-1


Yup, that's right. $25 Flat Rate. I remember I filled out more than 1 form and DOJ returned my Postal Money order for the Excess payment.

Librarian
07-10-2009, 9:40 PM
Dark Horse and Guns R Tools, together, have it.

You, as an individual, cannot legally import a CA 'assault weapon', nor can you, as an unlicensed individual, sell one to a CA resident.

Since it's likely that the CA LEO who is your potential customer is not an FFL, then the transfer almost certainly cannot occur outside of CA.

So, the easiest path is to locate a CA-licensed 'assault weapon' dealer -- not just any FFL will work -- and arrange to ship the weapons for sale to the dealer.

You should ask the selected dealer if s/he will accept a shipment from an individual. Many will not, and in this case I think it very likely that the CA dealer would demand the weapons be shipped by an out of state FFL.

Since the out of state FFL will want something for his time, the shipping itself will cost something, and the CA FFL will want to charge something for the interstate transfer, you and your potential customer will have to decide if the sale makes economic sense with all those add-on charges.

Beelzy
07-11-2009, 5:24 AM
As far as I know, there are NO "assualt weapons" dealers that will do a PPT
like that.

They only do LEO transfers. I'll be happy if someone can prove otherwise, for
I have traveled this path recently.

NSTLLMNGR
07-11-2009, 7:17 AM
First of all we are dealing with a long gun here. Long guns are not registered to individuals unless they are special like an assualt weapon. If a California LEO with department issued letterhead wants to buy it all thy have to do is have it shipped here to a Special Weapons dealer to do the paperwork and have it registered as an assualt weapon. Don't worry about it being registered to you originally as there probably isn't a paper trail anymore. Have your buddy in nevada ship it with a copy of his drivers license and its a done deal.

swerv512
07-11-2009, 10:10 AM
OP has 7 posts and cant even come up with a good story of his alleged AW now out of state.....
:icon_bs:

Swatter911
07-11-2009, 4:40 PM
Have your LEO buddy call Proforce in Brea. They might be able to help him with the transfer. They have an AW permit.

Futurecollector
07-11-2009, 4:44 PM
I think OC armory has an AW permit... I cant really remember though.

till44
07-11-2009, 11:14 PM
You should ask the selected dealer if s/he will accept a shipment from an individual. Many will not, and in this case I think it very likely that the CA dealer would demand the weapons be shipped by an out of state FFL.

CA AW dealers can only accept AW's from a FFL that has standing with CA (previous approval to ship into CA) or a manufacturer. This is per a manager at an AW dealer ihere in CA.

mj1
07-12-2009, 8:21 AM
Is there a list of AW dealers?

Geo
07-12-2009, 8:30 AM
Ten bucks says the AW's are still in California at the OP's house... doesn't take a CSI sleuth to figure that out... bet the DOJ will be busting the OP's door down at 5:30am on Monday morning...

Hide the dog!

CSACANNONEER
07-12-2009, 3:04 PM
Just thinking outloud.............

IIRC, federal law states that all firearms sales, between residence of different states, have to conform to the laws of both states. So, even if these firearms are housed in another state, it would not be legal to sell them there. I'm assuming the legal owner is only a Ca. resident. This would mean, in order to make a legal sale, the sale would be required to go threough a Ca FFL with an AW permit. In turn, the alledged AWs would have to be illegally imported into Ca to make the transaction through a Ca FFL w/ a AW permit. I've got to be missing something here. Can anyone straighten me out?

dwtt
07-12-2009, 3:27 PM
I have a friend who is a California LEO, who is interested in purchasing 2 of the AWs. He has no problem getting a dept letterhead to purchase them.
Now the question, how can we go about making a legal transaction?

You should ask the LEO friend to locate a local FFL with an assault weapons license. Since he's in law enforcement and in the fraternity, the CA DOJ can let him know where the nearest one is located. Just have him call them.

To get the assault weapons into CA, you'll have to do what Librarian described. You will have to have a NV FFL send it to the local FFL who has an assault weapon license, and he'll be able to transfer it to your LEO friend. In NV the firearms are not classified as assault weapons and any FFL can handle them, but in CA these firearms are evil tools of death and only AW licensed FFLs can handle them.

cousinkix1953
07-12-2009, 3:57 PM
Since you took those AWs to Nevada; don't bring them back at all. Sell them to the residents of a free state and make your money there too. No Kommiefornia taxes for the buyers to pay either. Private party transfers are not illegal. In fact, a California resident can sell his rifles or shotguns to a Nevada resident, without even going through a FFL.

Don't even sell your AWs to LEOs in the PRK; because it was the liberal anti-gun police chiefs and sheriffs, who helped to shove that damned Roos-Roberti law up your --- sideways. You owe them NOTHING. LEOs can get assault weapons from their departments, if they need them on the job. Others buy them from private parties (for personal use) which is nothing but a loophole in the law in my book. It ranks right up there with flashing a badge in a gun shop and buying an off-roster handgun, which is supposedly unsafe for public use.

I sold my Cobray MAC-10 to friend who moved to Arizona around 1990. Those aren't illegal there! Never registered it in Kommiefornia and didn't have much use for it either. I sure as hell wasn't gonna sell an AW to the anti-gun sheriff or one of his deputies. Most those pro 2A cops are in the closet. They don't dare oppose their corrupt employers or their agenda. Leroy Pyle was an exception to this rule, in openly flaunting his NRA membership in San Jose which p--ssed Joseph McNamara off...

CSACANNONEER
07-12-2009, 4:16 PM
Since you took those AWs to Nevada; don't bring them back at all. Sell them to the residents of a free state and make your money there too. No Kommiefornia taxes for the buyers to pay either. Private party transfers are not illegal either. In fact, a California resident can sell his rifles or shotguns to a Nevada resident, without even going through a FFL.


Do tell. I thought that it is ILLEGAL to sell a firearm to a resident of another state unless all applicable laws of BOTH parties state's of residencies are complied with? Either, you just admitted to breaking a federal law or I am mistaken. I really wish that I was mistaken but, I also highly doubt it.

Also, why would you admit to possessing and selling an unregistered AW on a public forum?

lorax3
07-12-2009, 5:34 PM
Both options seem applicable if the weapon is already in NV.

1. It does not get brought back into CA unless proper adjustments to the weapon are made. Maybe he could go to a NV FFL and have it sent to a CA FFL with an AW permit to sell to an LEO.

2. Should the weapon already be NV he could sell it to a NV resident through a NV FFL. This would seem legal, as the weapon has not been in CA since the AWB and he is not possessing it in this state.

I am less familiar with transactions from people in different states. They must go though an FFL, although not sure if a CA resident could sell a weapon that is no longer legal in their state. Even if the weapon has not been there since the AWB or longer....

Hmm.

CSACANNONEER
07-12-2009, 6:04 PM
I believe an out of state sale to a FFL 01 is OK as is C&R qualifing purchases but, not the guns he's talking about. It doesn't make a difference where the physical location of the gun is if one party is from Ca, I believe that the sale must comply with Ca laws.

thempopresense
07-12-2009, 6:27 PM
Strip the rifles down, leave the receivers in NV, tell your buddy to buy new lowers that are CA legal, and teach him proper CA configuration. If/When his boss gives him letterhead for AW registration, he can un-neuter it.

Steve O
07-12-2009, 11:17 PM
OP has 7 posts and cant even come up with a good story of his alleged AW now out of state.....
:icon_bs:

bwhahahaha

cousinkix1953
07-13-2009, 12:57 AM
Do tell. I thought that it is ILLEGAL to sell a firearm to a resident of another state unless all applicable laws of BOTH parties state's of residencies are complied with? Either, you just admitted to breaking a federal law or I am mistaken. I really wish that I was mistaken but, I also highly doubt it.

Also, why would you admit to possessing and selling an unregistered AW on a public forum?
He can sell his rifles and shotguns to Nevada residents; because it borders the state of California and that is permitted by the BATFE. PPT is legal over there. Handguns must go through a FFL.

I sold my MAC 10 to a Kommiefornia resident in early 1990. He worked for a nationally known company which closed up here. He later moved to Arizona, after getting a better job and took the gun with him...

ke6guj
07-13-2009, 1:14 AM
He can sell his rifles and shotguns to Nevada residents; because it borders the state of California and that is permitted by the BATFE. PPT is legal over there. Handguns must go through a FFL.
not without using an NV FFL to faciltate the transfer. Federal law does not allow for two residents of different states to transfer firearms between them without using an FFL in the recipient's state.

edit: There is no "border state" exemption for non-licensee transfers. That federal "border state" exemption applied to long gun transfer from an FFL to an out-of-state resident, and has since been removed. Today an FFL can transfer a long gun to a resident of any state, as long as the resident's state laws allow for it.

ke6guj
07-13-2009, 1:25 AM
Do tell. I thought that it is ILLEGAL to sell a firearm to a resident of another state unless all applicable laws of BOTH parties state's of residencies are complied with? Either, you just admitted to breaking a federal law or I am mistaken. I really wish that I was mistaken but, I also highly doubt it.
AFAIK, it is not a violation of CA-law to sell a firearm while you are out of state. You just have to comply with federal law, and the laws of the state you are selling it in.

So, for the OP, he could legally sell his out-of-state AWs to an NV resident, as long as he used an NV FFL to facilitate the transfer.

See how the PC is worded,

12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.
he would not be "within this state" while he sold the AW to an out-of-state resident.

cousinkix1953
07-13-2009, 2:30 AM
The AWs are in Nevada and not illegal there. Sell them locally and be done with it. Why even deal with some of Sacramento's beauracratic BS...

CSACANNONEER
07-13-2009, 4:10 AM
AFAIK, it is not a violation of CA-law to sell a firearm while you are out of state. You just have to comply with federal law, and the laws of the state you are selling it in.

So, for the OP, he could legally sell his out-of-state AWs to an NV resident, as long as he used an NV FFL to facilitate the transfer.

See how the PC is worded,


he would not be "within this state" while he sold the AW to an out-of-state resident.

Thanks Jack. I stand partially corrected. I guess, AS LONG AS THE TRANSACTION GOES THROUGH A NV FFL, the sale would be legal. Unfotunately cousinkix1953's posts do not mention any FFL involvement. I hope he used out of state FFLs when he was legally required to and anyone who encourages the out of state sales of firearms by residents of Ca need to make sure to include using out of state FFLs when the sale would legally require it, which is the majority of the time.

cousinkix1953
07-13-2009, 3:41 PM
Thanks Jack. I stand partially corrected. I guess, AS LONG AS THE TRANSACTION GOES THROUGH A NV FFL, the sale would be legal. Unfotunately cousinkix1953's posts do not mention any FFL involvement. I hope he used out of state FFLs when he was legally required to and anyone who encourages the out of state sales of firearms by residents of Ca need to make sure to include using out of state FFLs when the sale would legally require it, which is the majority of the time.
I sold my MAC 10 to my neighbor who moved to Arizona a few months later. We knew that his company was going under in the PRK and he was gonna be transferred out of here too. The gun moved with him. No big deal. Selling a rifle or a shotgun to a Nevada resident is one thing and handguns are a no-no unless you have a FFL doing the new paperwork in the buyer's state...

Sniper3142
07-13-2009, 3:51 PM
The AWs are in Nevada and not illegal there. Sell them locally and be done with it. Why even deal with some of Sacramento's beauracratic BS...

This...

FTW. :)

Screw all the stupid California laws.