View Full Version : Can a purchase be done
09-01-2010, 3:00 PM
I have a long time friend who offered to sell me a colt .38 and the price seems fair however theres two problems that hold me from proceeding.
1- He purchased the gun approx 15 yrs ago or more and at the time he had a valid Ca. Lic. and since then its exp and he is an illegal citizen. (He does not want to take the gun to his country since he has plans to move within a month or so. but is confused on what options he could have )
2- issue is he misplaced the paperwork for the gun.
I really like the gun but not too sure with the issues involving it he tells me he would not have a prob going with me to do the transfer and assures me the gun is clean of record.
Wondering what can be done in a complicated case like this one.
any help would be greatly appreciated
09-01-2010, 3:06 PM
When doing a private party sale/transfer, the gun shop has a guy called FFL (federal firearms license) dealers that will have to go through both partys' back ground check in order to proceed with the transaction.
If you're friend's clean (being an illegal is not clean...unless he has temporary visa/paperwork/etc.), then you'll have the gun.
I'd buy it somewhere else...and instead of .38 Super, get a .45ACP caliber.
09-01-2010, 4:55 PM
"valid Ca. Lic. and since then its exp and he is an illegal citizen"
This information doesn't add up. Walk away from this deal with your "friend".
09-01-2010, 5:15 PM
Buying a gun from an illegal citizen is wrong. Call this number: 1-877-CBP-5511 and tell them the whereabouts of your friend, they should help finalize this deal.
09-01-2010, 9:21 PM
I've never heard of an "Illegal Citizen", I believe that is an oxymoron. I take this to mean he is either a felon or an illegal alien. In either case, there is no way he could have legally acquired this firearm in this state. Sounds like he's probably an illegal alien, in which case he could not have ever legally possessed a VALID Ca drivers license. IMO, there is little to no actual possibility of this gun being clean. It may have a "clean" record, but that doesn't necessarily mean it was acquired legally, nor does it guarantee that the firearm was never used in the commission of a crime.
I would avoid any transactions with this person at all cost, and follow themailman's advice and turn this guy in. Don't know about you, but I personally pay too much in taxes to this state and adhere to way too many draconian gun laws to turn my back and whistle like an idiot while some illegal makes a mockery of those very same rules.
God Save the USA.
09-01-2010, 11:00 PM
I believe he means his friend was a non-citizen LEGAL resident of CA and bought a handgun. Since then his legal resident status has expired (i.e. green card and license expired.)
You do not have to be a U.S. citizen to buy a firearm. Only a legal resident. People with green cards CAN buy guns.
As far as I know, you are not liable for the buyer's legal status and the Private Party Transfer ($35 at any dealer) should be fine.
If anything it's a good thing that a perfectly good firearm is being transferred out of the hands of someone who shouldn't legally have it and into the hands of a legal owner.
*Don't take my words as definitive legal advice, I am not a lawyer, judge, peace officer, etc. So my advice is just my opinion.*
09-02-2010, 1:06 AM
Well, this may not be the most legal answer but bear with me. You could get the gun from him and then fill out the DOJ registration form and pay the $19. Since he may not be legally able to own the firearm here anyway, he may not be able to do a normal transfer and just filling out the DOJ form for voluntary registration may be the best way to go. Of course I'm NOT a student of the law so please take this idea with a grain of salt.
11-24-2010, 6:24 PM
Thanks for the advice everyone Ryan anchors is right his green and lic expired and no longer can or does he wish to be here since he never renewed his Green Card. He just would like to get rid of his hand guns (2) since he purchased them here and would not want to go trough the troubles of taking them. I have known this person for some time so I believe the gun is crime free other than his personal legal status as far as I know of course. Im going to walk in to a Gun shop and see what they say. thanks again
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