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dws442
09-27-2010, 12:17 AM
I'm reading and looking everywhere in the DOJ's website and I don't see anything that states that the seller has to be a California resident to be part of a PPT. Am I correct.

So can an out of state seller bring a non-rostered handgun into Cal then do a PPT with a cal resident.

ke6guj
09-27-2010, 12:21 AM
I'm reading and looking everywhere in the DOJ's website and I don't see anything that states that the seller has to be a California resident to be part of a PPT. Am I correct.
the PC doesn't say that an out-of-state seller cant do a PPT, but the DROS software won't allow a PPT DROS to occur with an out-of-state ID.

So can an out of state seller bring a non-rostered handgun into Cal then do a PPT with a cal resident.

nope.

jtmkinsd
09-27-2010, 12:21 AM
I'm reading and looking everywhere in the DOJ's website and I don't see anything that states that the seller has to be a California resident to be part of a PPT. Am I correct.

So can an out of state seller bring a non-rostered handgun into Cal then do a PPT with a cal resident.

No...PPT in CA is strictly between two CA residents. Your transfer has to go through FFL in your (purchaser's) state.

I assumed you are the purchaser?

dws442
09-27-2010, 12:47 AM
I'm the purchaser, the seller will be in Cal, and we would use a Cal ffl. I see nowhere where it states the seller must be a Cal resident.
Ke6guj - interesting problem with the DROS software, no one has found a way to resolve this?

Quiet
09-27-2010, 3:27 PM
I'm the purchaser, the seller will be in Cal, and we would use a Cal ffl. I see nowhere where it states the seller must be a Cal resident.
Ke6guj - interesting problem with the DROS software, no one has found a way to resolve this?

If the seller does not have a CA DL/ID, the CA FFL dealer will treat the transfer as a non-PPT. So, the handgun will need to be on the approved list.

Since, the out-of-state seller is bringing the non-approved listed handgun into CA for sale/transfer, he/she would also be guility of a misdemeanor. [PC 12125(a)]

AFAIK...
The "right people" have looked into the CA DROS software issues, but no solution has been reached.
It was concluded that it would be easier to challenge the legality of the approved list, then to have the DROS software modified.



Penal Code 12125
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

Gryff
09-27-2010, 3:32 PM
Since, the out-of-state seller is bringing the non-approved listed handgun into CA for sale/transfer, he/she would also be guility of a misdemeanor. [PC 12125(a)]


Hmmm...where's the exemption for intrafamilial transfers? I know there is one.

Quiet
09-27-2010, 3:59 PM
Hmmm...where's the exemption for intrafamilial transfers? I know there is one.

Penal Code 12132
This chapter shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072

ke6guj
09-27-2010, 4:02 PM
Hmmm...where's the exemption for intrafamilial transfers? I know there is one.the "exemption" for an interstate intrafamily non-rostered handgun is that there is no "importation for sale" of the handgun.

with a true PPT with both parties being CA-residents, there is no importation either. But, with an out-of-sate seller, the seller has to import it for sale before it can be PPT'ed. the actual PPT might be exempt from the roster, but the "importation for sale" beforehand might not be.

dws442
09-27-2010, 7:06 PM
So....bottom line is, there is no DOJ requirement for the seller to be a Cal resident (unless someone can provide a the exact language showing different, not just opinion) however there is presently no system to DROS the out of state seller?