PDA

View Full Version : Private party purchasing out of state


67Charger
04-22-2007, 5:25 PM
I need the short and skinny on acquiring firearms out of state via private party sale, and LEGALLY transferring them here.

Can I conduct a private party sale, take the firearm to an FFL in that state, have them transfer it to an FFL here in CA, and then pick it up on this end? Does the seller need to be involved, or can I take care of it myself after the deal?

Sorry if it has been beat to death, but I'm new to CA law.

SemiAutoSam
04-22-2007, 5:29 PM
Not legal to do what your suggesting. without at least a C & R FFL.

bwiese
04-22-2007, 5:53 PM
Can I conduct a private party sale, take the firearm to an FFL in that state, have them transfer it to an FFL here in CA, and then pick it up on this end? Does the seller need to be involved, or can I take care of it myself after the deal?

What you have stated above implies that you would take possession out of state, which is essentially a no-no under Fed law (as shaped by CA law).

To be squared away, what you do instead is pay the seller directly, but do not directly accept the firearm. Instead, you have the seller of the gun send it to CA dealer with current FFL. (Only one FFL needs to be in the chain, and you need an FFL for the sale in CA anyway, so it might as well be an FFL here: there's no requirement for an FFL on each end.)

Your out-of-state party can validate that the CA FFL is currently licensed, and that he is sending it to a valid licensee address, thru the BATF E-Z-Chek website - he just needs a few digits from the CA FFL's license number to key into the website, which the CA FFL should be happy to provide you and/or the seller.

After FFL receives gun(s), you then go to the CA dealer, fill out the paperwork, pay the fees, and take delivery after 10 day waiting period is complete.


Now, there's a couple of caveats here:

the transferred firearm can't be considered an 'assault weapon' under CA law; AWs are often rifles,
but the term can apply to handguns and shotguns as well;


if a handgun, the firearm must be on the Calif. Roster of approved 'safe' handguns; however, most
common single-action revolvers and many single-shot pistols are exempt from being rostered (depends
on dimensions, see 12133PC for details).


there really is no current way for a CA resident to purchase a non-exempt handgun from outside CA,
or from a non-Californian - unless that non-Californian brings it into CA and becomes a CA resident first.

67Charger
04-22-2007, 5:58 PM
...so all the seller has to do is take it to a UPS depot, and send it to my FFL here? What information will the FFL on this end require from/about the seller?

The firearm is a pistol, and it is on the "approved" list.

bwiese
04-22-2007, 6:04 PM
...so all the seller has to do is take it to a UPS depot, and send it to my FFL here? What information will the FFL on this end require from/about the seller?

The receiving FFL would most likely like the name/address of seller at a minimum, some may want some D/L info.

It should be noted that some FFLs won't do this, or only do this to benefit trusted customers.

The seller can ship via US Postal Mail if the firearm is a long gun.

Regardless of shipper, the firearm must be declared as such. Ignore any idiot here who advises ignoring this and telling the shipper it's "machine parts" or "metal goods", etc.


The firearm is a pistol, and it is on the "approved" list.

Ah, good, do make sure it's exactly listed. (For example, Glock 17 GenIII pistols are truly certified; Gen I and II are not. Some FFLs may not know this or try to slide something by.)

Omega13device
04-22-2007, 6:28 PM
The seller can ship via US Postal Mail if the firearm is a long gun.
Better to use UPS.

I recently bought a long gun from out of state and the seller was going to use the USPS but the post office required that he be an FFL. Since he was not, he ended up using UPS instead.

bwiese
04-22-2007, 6:34 PM
Better to use UPS.

I recently bought a long gun from out of state and the seller was going to use the USPS but the post office required that he be an FFL. Since he was not, he ended up using UPS instead.

Moot statement. All you've run into is incompetence; you could get exactly the same behavior from unknowledgeable UPS folks too: they hire from the same demographic pool.

I've shipped many long arms thru US mail without real issue other than puzzled looks. Best to come prepared with USPS (or UPS, or FedEx) website printout about gun shipment policies in case you get any guff.

Fjold
04-22-2007, 7:24 PM
Better to use UPS.

I recently bought a long gun from out of state and the seller was going to use the USPS but the post office required that he be an FFL. Since he was not, he ended up using UPS instead.


That's because the postal employee he talked to was a moron. Check out the USPS website, all the laws and regulations are there.