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View Full Version : Legality of posting an ad for an "AW"


diputseruoy
07-31-2009, 9:35 PM
OK, so I have a few goodies that I took out of state to my brothers residence way back so I wouldn't have to register them.

I want to sell 2 of my AR's, by placing an ad on gunbroker, or in a forum, or something. My question is: will the ad violate the "display for sale" DOinJ thingy because I live in california even though the receivers are out of state.

I know it sounds kind of dumb, but one can never be too safe in CA. We always have to consider the ridiculous.

Harrison_Bergeron
07-31-2009, 9:38 PM
I'm curious as to the real answer, but to me it would seem that if you posted your brother's location as the origin of the sale, as that is where it would likely be sent from, no one would ever know the sale was being made from CA.

diputseruoy
07-31-2009, 9:45 PM
but to me it would seem that if you posted your brother's location as the origin of the sale, as that is where it would likely be sent from, no one would ever know the sale was being made from CA.

That is what i was thinking too, but I would think I would be walking on the thin ice of perjury the way they like to f with gunowners in CA.

However you just gave me a thought. I guess i could just give my brother my username and PW and he could place the ad for me from his state.

B Strong
08-01-2009, 8:07 AM
That is what i was thinking too, but I would think I would be walking on the thin ice of perjury the way they like to f with gunowners in CA.

However you just gave me a thought. I guess i could just give my brother my username and PW and he could place the ad for me from his state.

I've had to deal with this one myself.

If the item is in a free state, that is where it will be shipped from.

You can place an ad on GB or subguns or wherever, just stipualate the item's location and ship it from there!

If the firearm in question is in let's say Nevada, you violate no California State laws by posting an ad from a computer in California - I've done it through the years, no problems. Just make sure you comply with fed. law wrt shipping to an FFL dealer, etc.

motorhead
08-01-2009, 9:49 AM
display for sale implies display in ca. ca has absolutely no say on what occurs outside our borders. this is the same logic dealers use when posting "no ca sales".

bwiese
08-01-2009, 11:59 AM
- If you want to post the ad, state the state from where it's shipped
and "no sales to CA".

- If you want to sell an AW from CA to an area outside CA, you could
specify that, and announce that your AW has to be sent thru a CA FFL
holding an AW permit.

CSACANNONEER
08-01-2009, 12:07 PM
Internet sales are a funny thing. If you are in Ca. and make the deal through a Ca based computer (your own or a sevice), the sale might have legally occured in Ca. This is the logic which ebay uses. Now, if you give your username and password to someone who is outside the state, the service being used is outside the state and the buyer is outside the state, I doubt that the state of Ca. can have any legal authority at all. BTW, I am not an attorney and the above is only my interpetation of the internet sales and the jurisdictions those sales may fall into.

artherd
08-01-2009, 12:49 PM
State "No sales to CA" in the ad, then you are not exposing for sale in CA.