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View Full Version : Buying from private party out of state and bringing into CA


daraidz
03-30-2011, 4:33 PM
Newbie with a few questions/concerns looking for input and wisdom. First off, the "search police" can cool down....I've been searching and reading various posts for weeks on this and many other sites and have not found definitive answers yet to my questions....

Let me preface this all by saying I'm not trying to do anything illegal, simply wondering if this would be possible without breaking laws and what the possible consequences would be (in the future).

Are handguns already in my possession but not registered illegal? (Search says no...only guns newly purchased must be purchase through an FFL)

Would you register a handgun that you have in your possession that "Big Brother" doesn't know about? I just don't see why we should have to alert agencies to the fact of gun ownership if not required.

Theoretically, one could purchase a gun from a private party in a state where an FFL transfer is not required and have ownership in CA without any registration...doesn't appear any laws were broken in this scenario, is there?

My fear, as with many others in this country, that some day we will be forced to "turn in our guns" and I would prefer to own a few that were not registered for defending myself and my family.

Feel free to lynch me up now....your thoughts?

jtmkinsd
03-30-2011, 4:44 PM
Newbie with a few questions/concerns looking for input and wisdom. First off, the "search police" can cool down....I've been searching and reading various posts for weeks on this and many other sites and have not found definitive answers yet to my questions....

Let me preface this all by saying I'm not trying to do anything illegal, simply wondering if this would be possible without breaking laws and what the possible consequences would be (in the future).

Are handguns already in my possession but not registered illegal? (Search says no...only guns newly purchased must be purchase through an FFL)

No

Would you register a handgun that you have in your possession that "Big Brother" doesn't know about? I just don't see why we should have to alert agencies to the fact of gun ownership if not required.

I would if there were a chance I might need to "prove" ownership in the future.

Theoretically, one could purchase a gun from a private party in a state where an FFL transfer is not required and have ownership in CA without any registration...doesn't appear any laws were broken in this scenario, is there?

Only if you don't believe in the Gun Control Act of 1968. 2 Federal no-no's in your "theory"...I would STRONGLY advise anyone not to do this.

My fear, as with many others in this country, that some day we will be forced to "turn in our guns" and I would prefer to own a few that were not registered for defending myself and my family.

You're not alone. :hide:

Hanniballs
03-30-2011, 4:48 PM
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

Handgun purchases are illegal and rifles/shotguns need to be shipped to a CA FFL

Librarian
03-30-2011, 4:54 PM
No lynching required - but please read the wiki article
Interstate transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

This is one of those 'you have to be told' things. It's not possible to reason to 'must use an FFL' as it is for, say, 'must not murder my neighbor'. OTOH, it has been law since 1968. After 43 years, I would have expected it to get around ...

mag360
03-30-2011, 5:01 PM
if you get a drivers license in that state, then your a resident wen you buy it. But youzlll need to fill out paperwork for CA when you move back since you'll be a personal handgun importer.

stix213
03-30-2011, 5:05 PM
Theoretically, one could purchase a gun from a private party in a state where an FFL transfer is not required and have ownership in CA without any registration...doesn't appear any laws were broken in this scenario, is there?


IF you moved legally to a state that does not require FFL transfers between private parties, then after you became a legal resident of said state purchased a handgun without an FFL legally, then moved back to CA but left your handgun outside of CA, you would be legal. Once you bring it into CA though you'd have to register it, so the effort here would be of limited usefulness.


My fear, as with many others in this country, that some day we will be forced to "turn in our guns" and I would prefer to own a few that were not registered for defending myself and my family.


One only has to look to England to realize this is a legitimate fear, even though the current national political climate would dictate it won't happen anytime soon. Fortunately an alternative is to purchase long guns which aren't registered. So you could use the above method of move to another state, buy a long gun legally without an FFL, then move legally back to CA and never have to report anything. Not even a gun store would have a record.

All this is kinda stupid though, cause you can just buy a handgun registered, then bury it in the back yard and tell anyone who asks that you lost it in a tragic fishing accident like half the people on this site joke about. You can also make your own handgun from scratch like AK & AR pistols, and I think even people do 80% 1911 builds. There would be more info in the gunsmithing subforum on that topic. You are under no obligation to register a legal home build handgun.