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View Full Version : need to show an FFL that he can receive a receiver from a CA private party


ke6guj
01-05-2012, 2:33 PM
My local FFL does not think he can receive a receiver directly from a private party in CA. He seems to think that it HAS to be DROSed as a PPT transfer, so he would need the seller's signature on it. I told him that he should be able to DROS it as a regular transfer, but then he said that it would need to be shipped FROM a dealer to be DROSed as a transfer.

Anybody have anything I can show him that explains it better than I could over the phone?

mej16489
01-05-2012, 4:02 PM
I'm not an FFL

27 CFR 178.125

When receiving a 'firearm' into inventory an FFL needs to log either
Name & Address or Name and License Number

lorax3
01-05-2012, 4:12 PM
The CFLC FAQ (https://oag.ca.gov/firearms/cflcfaqs#2) on the DOJ website implies you can accept shipments from non-FFL's. Although the example they use puts the shipper out of state.

I am not an FFL but I want to ship a firearm to a California FFL. Do I have to obtain a Firearms Shipment Approval number before shipping a firearm to California?
No. The requirement to obtain a Firearms Shipment Approval number only applies to holders of valid FFLs.

I would call the DOJ BoF and ask them, if they give you the "correct" answer then suggest your dealer call them to confirm.

ke6guj
01-05-2012, 4:32 PM
I found someone else who will do it for a couple bucks more, and it is much more convenient for me, so I will go with FFL #2 on this deal. FFL#1 did get back with me and said that since the seller would be willing to include a copy of his C&R FFL (even though it wasnt' a C&R gun, just being included with a copy of his DL to "further prove his identity"), that he would be willing to accept a shipment from him.

wildhawker
01-05-2012, 5:00 PM
FFL#1 did get back with me and said that since the seller would be willing to include a copy of his C&R FFL (even though it wasnt' a C&R gun, just being included with a copy of his DL to "further prove his identity"), that he would be willing to accept a shipment from him.

So he basically admits that it's own whole-cloth policy to deny a lawful transaction with no basis to believe it to be anything otherwise.

This is where I think FFLs functioning as agents of the state have (or will) have some exposure.

-Brandon

kemasa
01-06-2012, 10:43 AM
He can call the BATF and the CA DOJ to confirm that firearms do not have to come from a FFL. I am not sure of how a FFL would not know that.

The FFL can have their own requirements for how they will accept a firearm from a non-licensee and there is nothing wrong with that (even if you don't agree with it), it is their choice and they do need to document where it is coming from. A FFL can also refuse to receive a firearm unless it comes from a FFL, again it is their choice, although again people might not agree. Remember, a FFL is not required to do any and all transactions in any way that people request.

ke6guj
01-06-2012, 10:49 AM
this FFL FUDs himself from time to time. He is a new home-based FFL that is still learning. Sometimes I can correct him, other times not. the price is right, but dealing with a home-based FFL that is by appointment only can make it difficult.

In this case, it was worth the extra $15 and go through an storefront FFL by my work that is maybe a half-mile away.


I will let him know that he should call BATF and CADOJ and educate himself that he can receive a shipment from anybody, not just FFLs. That he can do a "regular" transfer from a shipped in firearm, even if it came from a private party.

kemasa
01-06-2012, 11:24 AM
You might see if he will join this forum so that he can learn and ask questions.

ke6guj
01-06-2012, 12:47 PM
You might see if he will join this forum so that he can learn and ask questions.

he has posted on CGN before a couple times before, but has not used the resources that are available to him here. I have told him in the past that he should read more on CG so he doesn't do things like think that an CA-legal AR-pistol can't have a threaded barrel. I had to email him links to my handgun flowchart to show him why it was legal.