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maxwellca21
05-15-2010, 12:36 AM
hello,

Ok so i was talking to my friend who is currently in the Navy right now. He told me that another Navy friend of his sold him a shotgun (Maverick something) and .22 pistol (berreta). He paid cash for it and wrote out a bill of sales. They did not go to a FFL to do any actual paper work because they didnt think they would have to. I argue with him that been in the military or not, you still need to do all firearm transfering with a FFL and DROS for buyer. My friend currently reside here in California, and his seller is residing in Florida (bought the guns back and sold it to him). Im not what's the actual law on this matter, can someone clarify? am I wrong about the FFL and DROS?

elrcastor
05-15-2010, 7:32 AM
yup, interstate sales need to go through an FFL, and in ca a DROS also

Librarian
05-15-2010, 9:56 AM
Interstate transfer using an FFL has been the law since 1968; transfer in CA using a CA-licensed FFL has been the law since 1991.

There are two subtleties here.

1) You cannot reason to this requirement, you just have to know. If you're not a CA resident (as opposed to one moved here by Uncle) maybe you don't know about the CA requirement - it's not required by many other states.

2) 'Interstate' has very little to do with where the guns are; it's all where the buyer and seller live that makes it interstate.

Refer your friend to the Calguns Foundation wiki article on interstate transfer (http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate).

Go, and commit no more mala prohibita (http://en.wikipedia.org/wiki/Malum_prohibitum)!

todd2968
05-15-2010, 9:57 AM
If he sold everything in the State of Florida no problem private sales are legal. If it was done in The peoples republic of California it requires $35 pound of flesh.
Shot gun Maverick 88 Mossburg maybe

stphnman20
05-15-2010, 10:00 AM
You have to go through an FFL no matter what!

maxwellca21
05-15-2010, 11:17 PM
thanks everyone....always can count you calguns fello.

Arondos
05-16-2010, 12:30 AM
If the sale takes place on a military base which is Federal property would it make a difference?

Librarian
05-16-2010, 8:05 AM
If he sold everything in the State of Florida no problem private sales are legal. If it was done in The peoples republic of California it requires $35 pound of flesh.
Shot gun Maverick 88 Mossburg maybe

No.

That works only if both are legally residents of Florida.

A PCS lets you be a resident of the state where you are based, so if both were stationed in FL at the time, that qualifies.

Here it was seller lives in FL, buyer in CA, so Federal law requires using an FFL; in the case of handguns, must use an FFL in the state of residence of the buyer.

As I said above, you can't reason to the requirements of the law, someone has to show you.

EOD Guy
05-16-2010, 8:13 AM
If the sale takes place on a military base which is Federal property would it make a difference?

No.