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Paper Boy
01-13-2011, 8:31 AM
Ok here is the hypothetical
I found a AK I would like to buy in another state but the seller is not interested in shipping it. If I have a buddy who lives near the seller and I can ship him the ten round mag and mag lock can he go buy the rifle (it’s a state where face to face sales without an FFL are legal) install the parts for me and then ship to my FFL and I pay him for the shipping and rifle? Or do I have to convince the seller to ship it or just forget about buying it?

One more thing.... Can he ship directly to my FFL or would he have to take it to an FFL near him to have it shipped?

Flintlock Tom
01-13-2011, 9:02 AM
Sounds fine to me.
He (your friend) legally purchases a rifle. He makes legal modifications. He sells the rifle to you. He transfers it through your local FFL. Each step appears to be legal, and only slightly painful.
I think the only flaw might be if you give him money to buy a rifle for you that might be considered a straw purchase.
I think it's okay if HE buys it and HE sells it. If he makes a profit on the deal, all the better.

EBR Works
01-13-2011, 9:07 AM
If it's an off list AK rifle with pistol or forward grip, all that needs to be done is the pistol/forward grips detached, confirm that it meets 30" OAL requirement in shortest configuration if it has a folding/telescoping stock and flash hider removed before shipment to a Cali FFL. Mags of greater than 10 round capacity should be disassembled as well before shipment. You could also go the 10 round mag/mag lock route and keep the evil features.

If it's an off list AK pistol, a 0 round sled and mag lock need to be installed before shipment to a Cali FFL.

It's not a straw purchase since the firearm will be shipped to your FFL for legal transfer to you. Remember that the FFL will most likely charge Cali sales tax for the value of the firearm since he is required to do so.

If your friend bought the gun with your cash and gave it to you without an FFL transfer, then it would be a straw purchase.

the_quark
01-13-2011, 12:00 PM
As long as you both go through a dealer, it's not a "straw purchase" if that's what you're asking. As long as there's no attempt to hide who the ultimate purchaser of the weapon is, it's no issue.

Paper Boy
01-13-2011, 12:33 PM
Cool thanks for the answers guys

Paper Boy
01-13-2011, 12:44 PM
As long as you both go through a dealer, it's not a "straw purchase" if that's what you're asking. As long as there's no attempt to hide who the ultimate purchaser of the weapon is, it's no issue.

What if he is not legally required to go to a dealer there? He can buy from a privet party without an FFL involvement in his state.

the_quark
01-13-2011, 1:40 PM
What if he is not legally required to go to a dealer there? He can buy from a privet party without an FFL involvement in his state.

Again, as long as there's no effort to hide the final purchaser, it's not a problem. If his friend buys it PTP, no forms, and then transfers it legally to a dealer here to complete the sale to his California friend (going through DROS, waiting period, etc) it's no problem.

Paper Boy
01-13-2011, 2:17 PM
Again, as long as there's no effort to hide the final purchaser, it's not a problem. If his friend buys it PTP, no forms, and then transfers it legally to a dealer here to complete the sale to his California friend (going through DROS, waiting period, etc) it's no problem.

Perfect Thanks