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View Full Version : Out of State C&R -- information please


VegasND
03-14-2010, 12:35 PM
My C&R arrived yesterday, and I think I've got a pretty good idea what to do, but I'd like advice about California.

I'm often in CA and would like to know how state law will affect any purchases I make there. Will they all have to be sent to my home address, or is cash and carry possible? How about private purchases vs. gun bought from dealers?

Any knowledge or advice would be appreciated.

Thanks!

ke6guj
03-14-2010, 2:36 PM
AFAIK, any C&R firearms bought from a CA dealer would need to sent to your home address since CA law doesn't allow for sales to out-of-state residents who are physically in CA. But when you are outside the state, then it is just a FFL-to-FFL transfer.

As for private party purchases, any 50+ year-old C&R long gun should be able to be cash-and-carried, obviously you'd need their personal info for your records. All other C&R firearm transfers physically done in CA would require you to use a CA dealer, and a resulting 10-day wait, but as a non-CA resident, you wouldn't be able to do. So, you'd have to have the private party ship the firearm to your home address.

VegasND
03-15-2010, 7:09 PM
Thanks ke6guj, I was afraid it would work that way.
AFAIK, any C&R firearms bought from a CA dealer would need to sent to your home address since CA law doesn't allow for sales to out-of-state residents who are physically in CA. But when you are outside the state, then it is just a FFL-to-FFL transfer.

As for private party purchases, any 50+ year-old C&R long gun should be able to be cash-and-carried, obviously you'd need their personal info for your records. All other C&R firearm transfers physically done in CA would require you to use a CA dealer, and a resulting 10-day wait, but as a non-CA resident, you wouldn't be able to do. So, you'd have to have the private party ship the firearm to your home address.

Has anyone had any sales or purchases from an out of state C&R while they were visiting CA?

I don't want to inadvertently run afoul of some CA statute I don't understand, or didn't even know affected me. Any FFLs with helpful advice?

dfletcher
03-15-2010, 9:19 PM
Wouldn't about the best use of an out of state C & R be to buy when visiting and have the CA FFL mail direct to his home? It's not immediate, but it's close.

Mssr. Eleganté
03-16-2010, 10:33 PM
I researched this earlier and, IIRC, an out of state C&R FFL is actually exempt from the DROS requirement when purchasing a C&R firearm from a California licensed dealer while visiting California. But they are not exempt from the 10 day waiting period. If the out of state C&R FFL also had a COE from CalDOJ then they would be exempt from the 10 day waiting period too. But I'm not even sure if an out of state C&R FFL is allowed to obtain a COE.

Here's the DROS exemption...

12073. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Section 12077.

(b) This section shall not apply to any of the following transactions:

(4) The delivery, sale, or transfer of an unloaded firearm by a dealer who sells, transfers, or delivers the firearm to a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.

Mssr. Eleganté
03-16-2010, 10:56 PM
Well, I just dove (dived?) back into the Penal Code and now believe that out of state C&R FFL's are also exempted from the 10 day waiting period. This one was tough to find...

CPC §12078(k) Section 12071, subdivision (c) of Section 12072, and subdivision (b) of Section 12801 shall not apply to any of the following:

(2) The delivery, sale, or transfer of unloaded firearms by dealers to persons who reside outside this state who are licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

I imagine it would be hard to find a California licensed dealer willing to take advantage of these exemptions since they are buried pretty deep in the Penal Code.

VegasND
03-17-2010, 7:17 PM
I researched this earlier and, IIRC, an out of state C&R FFL is actually exempt from the DROS requirement when purchasing a C&R firearm from a California licensed dealer while visiting California. But they are not exempt from the 10 day waiting period. If the out of state C&R FFL also had a COE from CalDOJ then they would be exempt from the 10 day waiting period too. But I'm not even sure if an out of state C&R FFL is allowed to obtain a COE.

Here's the DROS exemption...

Well, I just dove (dived?) back into the Penal Code and now believe that out of state C&R FFL's are also exempted from the 10 day waiting period. This one was tough to find...



I imagine it would be hard to find a California licensed dealer willing to take advantage of these exemptions since they are buried pretty deep in the Penal Code.

This is the reason I asked here. I'm always amazed at the depth of knowledge exhibited by the people here at CalGuns.net.

Thank You Mssr. Eleganté I agree about finding a CA dealer willing to take a chance on what you've found; but, it's only by exposing these facts that they can be used.

:thumbsup: