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BillCA
05-14-2006, 9:13 AM
I'm trying to comprehend CA handgun laws and fill in the gaps in my knowledge.

We have the CA-approved hangun list for new guns, but I don't understand some of the rules about used/previously-owned guns.

For instance, some CA dealers list a 1968 vintage S&W .38 revolver with "Cannot be sold in California". As I understand it, if the gun is sold to the dealer and not on the approved list, it has to be sold to someone out of state, correct? Consignment and private party transfers (PPTs) can stay in the state (thankfully as I've picked up a few oldies this way).

But I've also talked to dealers around the state and some of them are able to buy guns at auction (estate or otherwise) in other states and sell them in CA. This is where I get lost. If a S&W Model 15-2 is sold in CA to a CA dealer it has to go out of state. But the dealer can buy a dozen Model 15-2's at an estate sale in, say Kentucky, and resell them in CA? What am I missing if both are the same models? Or is this even legal?

If I'm looking at an on-line auction, how do I know if a particular gun can be brought into CA (especially older guns pre-1980)?

Librarian
05-14-2006, 2:45 PM
Without specific cases it's hard to be exact, but generally a handgun not on the 'approved' list cannot be transferred to a non-dealer in California.

So, if a CA FFL holder were to acquire some off-list handguns in some way, selling them to another dealer or out of state would be the expected way s/he would dispose of them. There might be some other circumstances which may apply, so I hesitate to suggest your example of estate sale/dealer may have been illegal, but I don't know of any obvious things that would allow off-list handguns in CA dealer stock to be transferred to 'just anybody' in CA.

We're pretty much stuck with http://justice.doj.ca.gov/safeguns/safeguns.asp as the authority on what may be transferred from FFL to citizen in CA.