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View Full Version : How to bring a Ca legal Saiga from NV


doomkitty
05-05-2011, 1:17 AM
Hello,
a friend of mine in NV gave me a Saiga 308 a few years back.
I am a CA resident and for all those years I thought Saigas were illegal in Ca so I just left it in NV and just go shoot it there pretty often.

But then I found Calguns.net, and the lists of prohibited rifles.
Turns out my Saiga is not branded Kalachnikiv USA but EEC from Cocoa, FL so that makes it legal in Ca!! (plz correct me if I'm wrong)

So of course now I want to bring it back to Ca with me. Is that ok to do so?
I haven't been able to find a clear answer in this forum.
I already own a shotgun and I was cleared by the DOJ to own a firearm.
I asked an FFL in Ca who told me I can just drive it home, I assume FFL's only process sales and this is not a sale.

but then I read many scary threads about getting in trouble with the law even with lawful rifles, so I wonder what would happen if I got pulled over and searched and looked up. I know, unlikely but not impossible, so I'd rather double check, since I'll be driving this rifle back and forth between Ca and NV a lot.

Thanks in advance for any help you can provide on this topic.

mrvash
05-05-2011, 1:26 AM
I believe you would still have to DROS the rifle through an FFL.

Ed_Hazard
05-05-2011, 1:27 AM
Well if the Saiga is bone stock, in original sporting config, then you can just drive it home.

If the saiga was converted then you would trigger all the BB issues.

The gun is yours, in your name, and not listed as an a AW so bring it home.

Ed_Hazard
05-05-2011, 1:28 AM
I believe you would still have to DROS the rifle through an FFL.

I dont see why, unless he is selling the rifle to someone here. The rifle is allready in his name. He could do the Voluntary reg. if he wanted to.

EDIT: Well after rereading the OP, I'm sure the OP and his buddy went through an FFL at the time the Saiga was gifted to Him. ;)

Shady
05-05-2011, 1:30 AM
I believe you would still have to DROS the rifle through an FFL.

nooooooo

mrvash
05-05-2011, 1:31 AM
I dont see why, unless he is selling the rifle to someone here. The rifle is allready in his name. He could do the Voluntary reg. if he wanted to.

Perhaps my reading comprehension is off at the moment, but I don't see where he states that the rifle is in his name? all I read in that concept is that his friend in NV has given him the Saiga.

Ed_Hazard
05-05-2011, 1:32 AM
Perhaps my reading comprehension is off at the moment, but I don't see where he states that the rifle is in his name? all I read in that concept is that his friend in NV has given him the Saiga.

I'm assumeing that he was a resident of Nevada at the time of the gifting?

doomkitty
05-05-2011, 1:35 AM
the Saiga was given to me by my friend in NV with no paperwork with it (they don't bother with paperwork in NV) so I guess it's not in anyone's name. (oh, and I'm a she but that's detail ;) )

It is not converted at all but I plan on doing the conversion and add a bullet button which from what I read around here would keep it legal since i left the 25 round mags in NV.

mrvash
05-05-2011, 1:36 AM
I'm assumeing that he was a resident of Nevada at the time of the gifting?

Ah, I see! in that case, than yes! all he would have to do is drive he rifle over to CA.

doomkitty
05-05-2011, 1:37 AM
no I was never a NV resident.. wha.. didn't know that would even matter.

mrvash
05-05-2011, 1:41 AM
no I was never a NV resident.. wha.. didn't know that would even matter.

I see, seems logical since you were never a NV resident you left it there and only shot occasionally when you visited NV. I guess NV is similar to AZ where you can walk in, buy firearm and walk out with no DROS. In any case, then you would have to DROS it to bring it with you to California. I may be wrong though.

Ed_Hazard
05-05-2011, 1:43 AM
no I was never a NV resident.. wha.. didn't know that would even matter.

Well now, if the rifle was never transferd to your name, it is still techniquely your buddys. For you to receive the rifle you would have to have it shipped via FFL and DROS in in the state of Ca. to be legal.


If you drive over pick it up and simply import it into the state that triggers Federal concerns.:(

You could theoreticly drive it over and not tell any one but that would have to a personal judgement call.

Kerplow
05-05-2011, 1:44 AM
(oh, and I'm a she but that's detail ;) )



Must be nice. :D

Kerplow
05-05-2011, 1:45 AM
You could theoreticly break the law and drive it over and not tell any one but that would have to a personal judgement call.

fixed!

Ed_Hazard
05-05-2011, 1:48 AM
fixed!

Sorry, but I know what I wrote. In case you did not notice I used the funny font hopeing it would evoke some sarcasm but I guess it was just to subtle for some.:rolleyes:

mrvash
05-05-2011, 1:50 AM
Sorry, but I know what I wrote. In case you did not notice I used the funny font hopeing it would evoke some sarcasm but I guess it was just to subtle for some.:rolleyes:

Funny you mentioned that, cause once I saw the italic 'could' I sensed the sarcasm.

Ed_Hazard
05-05-2011, 1:53 AM
the Saiga was given to me by my friend in NV with no paperwork with it (they don't bother with paperwork in NV) so I guess it's not in anyone's name. (oh, and I'm a she but that's detail ;) )

It is not converted at all but I plan on doing the conversion and add a bullet button which from what I read around here would keep it legal since i left the 25 round mags in NV.

Well the problem is that not only by Ca. law do you need to import through an FFL , but you also face some Federal issues by simply driveing it home.

Shiping it via FFL should not be too hard to do from Nevada, and most receiveing FFL's here in CA. will charge you around $75 includeing DROS.

You can bring the mags in as disassembled rebuild kits, to be used out of state or in case the ban ever falls.

Quiet
05-05-2011, 3:26 AM
Federal laws prohibits the transfer of firearms between residents of different states, unless the transfer is done through a FFL dealer in the recipiant's state of residence. [18 USC 922(a)(3)&(5)]

If the original owner hands the firearm over to the OP and the OP then drives the firearm back to CA, both the original owner and OP committed Federal felonies.

In order for the transfer to be legal, the original owner needs to ship the firearm to a CA FFL dealer, who will transfer it to the OP.

cali_armz
05-05-2011, 4:34 AM
please kitty, just get the thing drosed to you through an FFL. keep everything 100% legal. you dont want to run any risk of committing a felony

frigginchi
05-05-2011, 5:28 AM
http://ag.ca.gov/firearms/pubfaqs.php#24

doomkitty
05-05-2011, 8:55 AM
Thank you all for the excellent information.
I am not really in the mood for a felony so I'm glad I asked :)

Kerplow
05-05-2011, 6:44 PM
Sorry, but I know what I wrote. In case you did not notice I used the funny font hopeing it would evoke some sarcasm but I guess it was just to subtle for some.:rolleyes:

Relax, it wasn't a personal attack on you. I'm just not certain that using rhetorical strategies such as sarcasm (something often misinterpreted on the interwebs) is the best way to guide a noob through possibly felonious legal waters. I just wanted to make sure your post was not misunderstood by the OP. We're all here to help, right? ;)

Anchors
05-06-2011, 6:20 PM
So like everyone said, since you were never a resident of NV...Have it sent to your local FFL in CA (If you are in the LA/OC/IE area I recommend RifleGear or Straightline Tactical since they only charge $75 and $50, respectively (including DROS).

You will have no problem as long as there are no +10 magazines.
Then, you can get a bullet button and start converting.

Wildeman_13
05-06-2011, 6:28 PM
What you meant to say was that a buddy in NV has a Siaga that is being giftied to you but you have not yet taken ANY control of. You being a CA resident and them being a NV resident, you HAVE to go through an FFL for the transfer from NV to CA. Otherwise you have both broken Federal law, as has been mentioned above, when you took "ownership" of a firearm while out of state.
The wording here is the key to avoiding breaking any laws since you have never taken ownership of this firearm yet. :)