PDA

View Full Version : confused on DOJ list


bigsexyken
06-23-2010, 1:25 PM
A: I hope this is the right place to post but

The List states that it doesn't apply to private party sales and "some single action revolvers", though that some is never quantified.

The Q.
The constitution bans states from regulating interstate commerce. The DOJ list states it doesn't apply to private party transfers. So can I private party transfer from out of state because the courier is not the possessor, the original party is until the FFL receives it, that means that the law shouldn't apply for the importation.

SO basically can I get a S&W 4506 off of gunbroker from PA? :beatdeadhorse5:

383green
06-23-2010, 1:36 PM
Private party transfers occur between two CA residents meeting face to face at a licensed dealer within the state. Buying a gun that's shipped from out of state does count as importation, and is covered by the handgun roster.

bwiese
06-23-2010, 1:37 PM
A: I hope this is the right place to post but

The List states that it doesn't apply to private party sales and "some single action revolvers", though that some is never quantified.

The handgun Roster doesn't apply to...
- private party sales
- lineal intrafamilial transfers (grandparent/parent/child/grandchild)
- bequest/inheritance or other operation of law
- dimensionally-compliant single-action revolvers
- dimensionally-compliant single-shot pistols.

That 'some' is indeed qualified in 12133PC, where it specifies that a Roster-exempt single-action revolver must hold 5 or more rounds, have a min. barrel length of 3" and min. overall length of 7.5" (measured parellel to bore). Similarly, a Roster-exempt single-shot pistol must have a min 6" barrel and min. 10.5" overall length.

The term 'some' refers to all those guns that are dimensionally compliant with the parameters of 12133PC.




The constitution bans states from regulating interstate commerce. The DOJ list states it doesn't apply to private party transfers. So can I private party transfer from out of state because the courier is not the possessor, the original party is until the FFL receives it, that means that the law shouldn't apply for the importation.


Oh geesuz - FAIL on multiple fronts. So many people misread the 'interere with interstate commerce' wording.

States can and will indeed regulate their OWN interstate commerce. Otherwise 80% of state laws would not be enforceable - including other states' laws regarding mailorder wine sales, etc.

Also, that out-of-state transfer you describe is incorrectly called a 'private party transfer' and is not a PPT under CA law. You are just describing a normal dealer transfer, in which the Roster is indeed applicable for handgun sales.

PPTs are for folks who are both CA residents (and can provide ID); consignments are treated similarly.



SO basically can I get a S&W 4506 off of gunbroker from PA? Yes, because - at least until Feb 2011 unless renewed further - the S&W 4506 is indeed a Rostered handgun. (The later 4506-1 variant, with the 'unhooked' triggerguard is not.)

Remember that if the seller in PA has an FFL he must participate in the CFLC process and sign up (only takes 2 or 3 min) on the DOJ website. If the seller is an individual, he can ship directly to CA FFL without any CFLC drama - though quite a few CA FFLs here will not accept guns shipped to them from non-FFLs.

advocatusdiaboli
06-23-2010, 3:01 PM
SO basically can I get a S&W 4506 off of gunbroker from PA?

Find a good local FFL who doesn't over charge and work the purchase through them. Try to buy in AZ if you can--I do. Just make sure they ship to CA and know what they are doing vis-a-vis The Roster--you don't want your FFL to refuse to DROS it and send it back. About a 1/4 on Gun Broker refuse to ship to CA (rough estimate based on my dealings).

bigsexyken
06-24-2010, 1:45 AM
I rechecked the DOJ list, and for whatever reason the 4506 isn't listed where it should be by the 4566, so I guess it was a moot point... maybe next time I'll 'control F' from the outset :oops:

Thank you gentlemen, I kinda think this type of q should be a running sticky post, at least to help shut up all the fellow us noobs :cheers2: