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advocatusdiaboli
10-09-2009, 7:17 PM
So Bloomberg is running a media campaign decrying the loose control and lack of background checks at guns hows via quasi-dealers selling under the guise of private party transfers exempting them from the standard FFL dealer regulations. I get that, but I have a question I am not sure how to get a definitive answer to:

If, as a Cal resident, I go to a gun show out of state and buy a long gun or pistol--assume both a legal under Cal law (on the list + mag limits at 10 etc. for pistols and shotguns), can I bring them back? I would assume they have this covered (though the pending legislation doesn't do that for ammo so I foresee ammo procuring pilgrimages to Cabelas in Nevada for many Californians if it passes) but I am wondering. I know there are no long gun reporting requirements, so I could just bring them back (perhaps) and I do know I'd have some period to register my pistol. But is there anything prohibiting a Cal resident from buying out of state? I know there isn't with an FFL transfer--but there is no FFL dealer involved in this case.

Quiet
10-09-2009, 7:27 PM
If, as a Cal resident, I go to a gun show out of state and buy a long gun or pistol--assume both a legal under Cal law (on the list + mag limits at 10 etc. for pistols and shotguns), can I bring them back?
For CA residents...
Existing Federal laws prohibits you from taking possession of a firearm in another state without the use of a FFL dealer.
[18 USC 922(a)(3)]

Exisitng Federal laws prohibits a resident of another state in transfering the firearms to you without the use of a FFL dealer.
[18 USC 922(a)(5)]

Existing Federal laws prohibits a non-CA FFL dealer in letting you take possesion of a firearm, unless it goes through a CA FFL dealer.
[18 USC 922(b)(3)]

You can purchase firearms in other states, but they will be shipped to a CA FFL dealer, where you will DROS/4473 them.


US Code Title 18 Part 1 Chapter 44 Section 922
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

advocatusdiaboli
10-09-2009, 8:14 PM
"You can purchase firearms in other states, but they will be shipped to a CA FFL dealer, where you will DROS/4473 them."

Thanks for that. I figured as much--didn't think they'd leave a loop hole big enough for a train to rolls through. No worries, have my eyes on a nice O & U that I'll buy and FFL transfer into state. I am a law-abiding citizen and I will toe the line and letter of the law.

I don't mind the intent of the laws as much as I mind the hassle, cost, and ineffectiveness of them--these laws don't seem to have stopped the carnage in Oakland one bit--in fact it's escalated despite them.