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View Full Version : Selling Mil-Surp rifles; FTF transfers.


plumbum
05-19-2011, 7:37 AM
I am looking for some clarity on selling long guns. I have some Mausers that I have legally purchased over the years (from Big 5), and since they are over 50 years old, I am not required to DROS them to an individual who is legal to own firearms in the state of California. Am I correct?

21SF
05-19-2011, 7:42 AM
FTF Private party sale of C&R LONG GUNS dont require DROS, cash and carry.

dieselpower
05-19-2011, 8:06 AM
IIRC all you need to do is ask to see CA ID. Its against Federal Law to sell to a person from another State.

VacaDuck
05-19-2011, 8:21 AM
IIRC all you need to do is ask to see CA ID. Its against Federal Law to sell to a person from another State.

Not exactly. You can buy from a FFL in another state, in person, as long as the longarm being purchased is legal in both states. The FFL must comply with the laws of his State and your State of residence.

Per the ATF:

A person may only acquire a firearm within the personís 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.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Now, California law requires that the longgun be transferred to a California FFL holder, but that is a State law, not federal.

dieselpower
05-19-2011, 10:01 AM
Not exactly. You can buy from a FFL in another state, in person, as long as the longarm being purchased is legal in both states. The FFL must comply with the laws of his State and your State of residence.

Per the ATF:

A person may only acquire a firearm within the personís 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.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Now, California law requires that the longgun be transferred to a California FFL holder, but that is a State law, not federal.

In California you do not need to DROS a 50 year old firearm unless its in an FFLs inventory. In AZ all rifles are cash and carry.

So you are telling me its 100% legal to buy a C&R in AZ without being an AZ resident?

rromeo
05-19-2011, 12:10 PM
Not for a California resident, but it is for a Colorado or Nevada or Utah resident.
By federal law, it's okay as long as it's a long gun and purchased from an FFL.

dieselpower
05-19-2011, 12:15 PM
Not for a California resident, but it is for a Colorado or Nevada or Utah resident.
By federal law, it's okay as long as it's a long gun and purchased from an FFL.

OK so now lets put this to work.

so we are back to my original post...

Is a CA seller under any legal obligations to check what State the buyer is from....?

rromeo
05-19-2011, 12:21 PM
If the buyer is a non FFL holder, then yes, I believe so.

dieselpower
05-19-2011, 12:24 PM
If the buyer is a non FFL holder, then yes, I believe so.

so you do have to check what state the buyer is from. so unless you know all the C&R laws of every state, you should either check the local laws of the state the buyer is from OR ask to see CA ID, since its legal in CA to buy a C&R without doing a DROS.

Thank you.

VacaDuck
05-19-2011, 1:51 PM
In California you do not need to DROS a 50 year old firearm unless its in an FFLs inventory. In AZ all rifles are cash and carry.

So you are telling me its 100% legal to buy a C&R in AZ without being an AZ resident?

Not, as I understand it, according to California law. The exemption is if you have a valid C&R license. Then you are free to buy a C&R longgun in any State and bring it back with you. Handguns still have to go through a California FFL.