View Full Version : Almost all off-Roster handguns are "legal" in California
Librarian
05-25-2011, 7:21 PM
That is, almost all are not 'assault weapons', nor 'short-barreled shotguns' or anything peculiar.
Being on-Roster or off-Roster is not a 'legal/illegal' status - off-Roster guns are legal to own and use and transfer via private party transfer, as well as bring here when people move to California.
The Roster is merely a restriction on CA dealers, who may not transfer off-Roster handguns to non-exempt buyers.
To ask 'Is X handgun legal in California?' will almost always get back the answer "yes" - but that's not the information most people want, so that's not the question folks should be asking.
There is a stickied thread on the Roster -
http://www.calguns.net/calgunforum/showthread.php?t=81127
- as well as a wiki article,
http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List
The point of this thread is to get people to stop asking if a particular handgun is "legal" when what they actually want to know is "how do I get one?".
Pretty much all handguns are "legal" - some are on the Roster and relatively easy to get, some are off-Roster and somewhat more difficult to get. For example, see the sticky thread in Handguns Forum about the Single Shot process - http://www.calguns.net/calgunforum/showthread.php?t=383692
And yes, there is a lawsuit pending - Pena v Cid (http://wiki.calgunsfoundation.org/index.php/Pena_v._Cid).
Cyc Wid It
05-25-2011, 8:20 PM
While they may be legal within the State, they are illegal to bring into the State via purchasing online or in person from another state.
You cannot buy 'older' handguns, like a 1994 S&W Model 686 from a dealer, only from a private party. If you don't know or cannot find one within this State, you cannot simply buy one while in another state and legally bring it in, unless you move out of this State for at least 6 months or better to become a resident in another state, then move back.
The point is, yes other non-roster guns are legal, but have you ever tried to find your holy-grail gun within this State. If it ain't here already, you ain't gonna find it here,nor can you get it in here.
Don't know what you're talking about. I exempted a Colt 9mm Combat Commander... many people have exempted rarer older guns.
Librarian
05-25-2011, 8:59 PM
While they may be legal within the State, they are illegal to bring into the State via purchasing online or in person from another state.
You cannot buy 'older' handguns, like a 1994 S&W Model 686 from a dealer, only from a private party. If you don't know or cannot find one within this State, you cannot simply buy one while in another state and legally bring it in, unless you move out of this State for at least 6 months or better to become a resident in another state, then move back.
The point is, yes other non-roster guns are legal, but have you ever tried to find your holy-grail gun within this State. If it ain't here already, you ain't gonna find it here,nor can you get it in here.
Almost entirely correct - I wasn't saying the Roster made any sense, nor that it was not a significant annoyance.
While they may be legal within the State, they are illegal to bring into the State via purchasing online or in person from another state.
This isn't quite accurate - The guns themselves are "legal". Federal law requires interstate handgun transfers to go through an FFL in the state of residence of the buyer - and if you live in CA and are not exempt (principally LEO) then the CA-FFL may not transfer it to you.
NorCal Einstein
05-25-2011, 10:10 PM
While they may be legal within the State, they are illegal to bring into the State via purchasing online or in person from another state.
You cannot buy 'older' handguns, like a 1994 S&W Model 686 from a dealer, only from a private party. If you don't know or cannot find one within this State, you cannot simply buy one while in another state and legally bring it in, unless you move out of this State for at least 6 months or better to become a resident in another state, then move back.
The point is, yes other non-roster guns are legal, but have you ever tried to find your holy-grail gun within this State. If it ain't here already, you ain't gonna find it here,nor can you get it in here.
Not true. There are a bunch of us here running around with off-roster new handguns purchased recently, through a FFL. Most of us were able to do this through single shot exemption.
Your holy-grail gun is obtainable by finding a 07 FFL who wants to work with you.
Don't forget interstate intrafamilial transfers ;)
Single-shot isn't the only way to get something off-roster
Librarian
05-26-2011, 10:11 AM
On it's face, isn't the safe handgun roster an impediment to interstate commerce?
No.
It's an imposition only on CA-licensed FFLs - entirely within CA's regulatory power.
morrcarr67
05-26-2011, 4:01 PM
Please add something about C&R handguns, which are not on the roster. I was able to find a Walther PPK with a Nazi Germany WWII serial number and an old Smith & Wesson Model 28 Highway Patrolman from out of state FFLs. The best method of verification is the serial number and the gun must be original and not altered. I personally spoke with the out of state FFL and my California FFL before transferring the handgun into California to avoid problems later. You have to really want the gun.
Here you go:
Roster of Handguns Certified for Sale
Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
morrcarr67
10-30-2011, 6:02 AM
So instead of asking is it legal we should be asking how can I get it legally.
I think the question should be:
What is the best way to get this in CA?
ap3572001
10-30-2011, 7:21 AM
Here is the deal.
As Librarian said, ALL normal , legal to own handguns are legal to own and to PPT in CA.
They are legal to bring to CA.
Another thing . If a handgun is IN CA ( assuming its not stolen ,wanted etc) any CA resident can ppt it to another CA resident (assuming they can own guns).
Librarian
10-30-2011, 6:31 PM
This thread is not meant to be another 'complain about the Roster' thread, so is now closed.
Librarian
10-31-2011, 10:17 AM
btt
Librarian
11-01-2011, 10:16 AM
btt
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