View Full Version : Personal Importer as Defined by CA DOJ
08-23-2009, 3:40 PM
My first post here, and I was pointed in this direction by several people over on the SIG Forum where I have been hanging out awhile.
I have been all through the DOJ site and can not find a clear answer in regards to the following: I found a pistol on-line that is absolutely on CA DOJ's approved list, but the seller is one of those who will not sell to anyone in California. I have a friend in Nevada who would be willing to buy the pistol, and then turn around and sell it to me, as PPT's are legal in Nevada (except Clark County I understand, not the issue here anyway.)
But then, what legal steps do I need to take to get the gun back home here to California? Like I said, the gun is on the approved list. I know if someone moves here with CA legal handguns, they can (and are supposed to) register them, same as someone who inherits handguns from out of State. In those circumstances you are considered a Personal Handgun Importer, and there is a form and a $19 fee involved. But I am not sure about a situation where a CA resident buys a firearm out of state (legally, of course) and then wants to bring it back home. Any insight or experience or pointing me to something I missed on the DOJ site would be very much appreciated.
PS: I've been looking around and this looks like a great forum.
08-23-2009, 3:56 PM
The bottom line is that if you did a FTF PPT in NV, you would be violating federal law! I'm assuming that you are a Ca resident, right? It would not be legal for either one of you to enter into such a transaction then. For it to be a legal sale, you would BOTH have to be legal residents of NV or another state where such transactions are legal. For you, as a Ca resident, to purchase a handgun anywhere in the country, you have to legally go through a California FFL or have a C&R FFL and do the personal importer form, assuming the handgun in question would qualify as a C&R.
08-23-2009, 4:05 PM
Have your friend buy it, and then have him
1. ship it to your FFL (if your FFL will accept from a non-FFL), OR
2. have your friend transfer it to his local FFL, who then proceeds to ship it to your FFL.
If for some reason he can't find a local FFL that wants to ship to CA, your friend can ship to a "Middleman FFL" like Quentin's Laser in Phoenix.
08-23-2009, 4:05 PM
But I am not sure about a situation where a CA resident buys a firearm out of state (legally, of course) and then wants to bring it back home.
The problem is the situation you suggest above does not exist. CSACANNONEER got it right; Federal law requires that essentially all interstate firearms transactions go through an FFL in the state of residence of the buyer.
So, you can go to Nevada, see a nice gun, arrange to have it shipped to a CA FFL you like, and take possession at the CA FFL after all of the usual DROS and waiting period stuff, but you CANNOT legally take possession in Nevada.
See Can I buy a gun outside CA? (http://wiki.calgunsfoundation.org/index.php/Can_I_BUY_A_GUN_OUTSIDE_CALIFORNIA%3F) and Transferring firearms interstate (http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate)
08-23-2009, 4:12 PM
the seller may be willing to ship it to an out-of-state middleman FFL, who would then reship it to your FFL. It depends on what the seller has an issue with. If he doesn't want to do the CFLC paperwork, or is just scared of CADOJ and doesn't wan't to ship directly to CA, then the middleman option may work.
08-23-2009, 4:21 PM
I'm going to go a little off topic and ask the OP a question. What is this online dealer selling that's so good that makes you 1) willing to go through all this hassle to buy from them and 2) willing to support them despite the fact they won't support us?
08-23-2009, 6:05 PM
It is a German manufactured SIG. One that is pretty hard to find, which is why I am willing to go through the hoops. I appreciate all the good responses, and hey, it shouldn't cost me much more to have the Nevada FFL ship to my FFL, than the gas and time to drive to Nevada, right?
08-23-2009, 6:11 PM
YOu don't even need to drive out-of-state to do it. Just pay for it and have it sent to a guy like Quentin Laser, and they'll reship it to you. http://www.calguns.net/calgunforum/showthread.php?t=176053&highlight=quentin. Looks like it may cost you an extra $40 for the fee + shipping.
08-23-2009, 6:35 PM
I had a strange situition last year, my wife fell and broke her leg and was in a Nursing home for 6 weeks till she could learn to walk again.This was in Las Vegas, i will not say what Casino she fell at.Since we both are retired, i moved into a long-term stay hotel off the strip, to be with her.I was informed by the hotel that they would only collect room tax for 30 days, after that i was a resident of NV.I throught, let;s see, get a NV DL, go buy a pistol not available in CA, then go home and change back into a Califorian again and pay the $19 import fee.For various reasons i did not do this, but would it have been legal? I think so, but wasn't sure, so i didn't try it.
The State of Nevada has varying residency requirements dependent upon the purpose for claiming in-state residence.
You need to stay in Clark County for longer than 60 days to be considered a resident of Clark County.
You need to reside in NV for more than 30 days to be considered a resident for voting purposes.
You need to reside in NV for more than 6 months to be considered a resident for hunting/fishing license/tags.
After becoming a resident of NV, you have 30 days to obtain a NV DL and 60 days to register your vehicle with NV DMV.
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