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View Full Version : Legal Beagles..... Question On Pistol Transfer


CraigC
10-04-2005, 11:03 PM
Here's the situation:


Private Citizen "A" owns a P22, converted so it's all kosher. He's gone back to school, and is a little short on cash. Pistol's located at folks' place in NorCal. PC "A" is actually attending school out of state.


Private Citizen "B" is interested in purchasing a P22. He lives in SoCal.


Face-to-Face transfer is obviously out of the question.


It has been discussed that the P22 could be sent to a local FFL in NorCal, who will mail it to a SoCal FFL, where the transfer to PC "B" could be completed. However, insiders have said that's "not possible," which may mean it's not legally possible, or that there's no FFL in the world who's willing to go through that kind of trouble when they can sell a new gun to PC "B"


Question is, is there a way to complete the transfer both legally, and without earning the wrath of involved FFLs?

Charliegone
10-04-2005, 11:22 PM
You can do that, I think. It would be the same thing when you do an out of state transfer. Considering this is a HUGE state, it shouldn't be a big deal..then again I could be wrong

bwiese
10-04-2005, 11:36 PM
Well if it's not a face to face transfer (PPT), then it can only be transferred via FFL like any other transferrable handgun that's on approved list.

You just need to have/find _one_ cooperative FFL - one, say, that handles transaction for CA residents buying stuff off of GunBroker, for example.

One of his parents could ship the gun directly (via FedEx or UPS overnite, but NOT via US mail!) to a chosen prearranged FFL in SoCal area No need for a NorCal FFL. The gun must be unloaded and must be declared as such to the common carrier (don't call it 'machine parts').

I hope the parent(s) know how to safely handle, clear and inspect the gun. They shouldn't rely on Junior saying "aw, dad, it's empty, just throw it in the box."

There is some minor handwaving in that the parent, not Junior, is shipping the gun instead and momentarily has gun in his/her possession before shipping it - just as long as they are not prohibited parties.

In SoCal party B would fill out the DROS+4473 purchase forms, do the safety dance, and the 10 day wait. For party B it'd just be like buying a new or used gun at the gunshop.

One hitch I see here is that the CA approved list shows "P22CA" as the gun model. But this is a DOJ-mandated mangled P22, which is legally different. The FFL may have to check w/DOJ on this; if the P22 has a factory mod w/factory letter the DOJ might consider it a P22CA.

Otherwise if the DOJ thinks a modified P22 and the new P22CA are different guns, and since the plain P22 is not on approved list (even though modified to legal non-AW status), it would be an off-list gun and could only be transferred inside CA via a face-to-face PPT.


Bill Wiese
San Jose