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Gendaito
12-12-2007, 3:28 PM
A friend that lives in SoCal has two rifles that he wants to sell to a private party in another state. I know that the rifles need to be transferred to a FFL in the other state, but can my SoCal friend ship it himself via UPS/Fedex? Or do the rifles have to ship out of a CA FFL?

thanks!

ohsmily
12-12-2007, 3:52 PM
A friend that lives in SoCal has two rifles that he wants to sell to a private party in another state. I know that the rifles need to be transferred to a FFL in the other state, but can my SoCal friend ship it himself via UPS/Fedex?

Yes, after he verifies that the person he is shipping the guns to is an FFL by running his FFL number through the ATF website or receiving a signed copy of the license or both.

Or do the rifles have to ship out of a CA FFL?


No.

thanks!
You're welcome.

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NOTE: if the guns he wants to sell are assault weapons, then the guns must go through a CA licensed Assault Weapons dealer (expensive and WHY would someone sell their legally reg'ed assault weapons

uscbigdawg
12-12-2007, 7:22 PM
Since my folks live in CA, what I do is provide a wet signed FFL to the seller and to save us both shipping costs, hand carry it back to NC. Then, my dealer there will DROS it for me. I still have to pay the receiving costs, but save on shipping. This only works though when you have an understanding seller and an accomodating FFL.

Rich

Hunter
12-12-2007, 7:57 PM
Since my folks live in CA, what I do is provide a wet signed FFL to the seller and to save us both shipping costs, hand carry it back to NC. Then, my dealer there will DROS it for me. I still have to pay the receiving costs, but save on shipping. This only works though when you have an understanding seller and an accomodating FFL.
Rich

And you don't get caught!

Since you exchanged money and took possession of the gun, both the seller and you have broken both CA laws and Federal Laws in doing this. Even if it is later run thru a FFL's books at a future time.

uscbigdawg
12-13-2007, 12:52 AM
Really...we do it all the time and with local and federal law enforcement present. I'm providing the shipping service genius as the firearm is going out of state. No different than shipping it via UPS or FedEx. Frankly, it's more secure our way since other than on the airplane, they never leave my side.

Upon arrival back home, it goes to the FFL, logged and 10 minutes later...I walk out of the store with my gun. Long guns in NC, require no wait. Handguns a permit.

Rich

Hunter
12-13-2007, 8:21 AM
Really...we do it all the time and with local and federal law enforcement present. I'm providing the shipping service genius as the firearm is going out of state. No different than shipping it via UPS or FedEx. Frankly, it's more secure our way since other than on the airplane, they never leave my side.

Upon arrival back home, it goes to the FFL, logged and 10 minutes later...I walk out of the store with my gun. Long guns in NC, require no wait. Handguns a permit.

Rich

Yes it is illegal as you have described the transaction. Simply because you are not a common or contract commercial licensed carrier for interstate shipments. You are in fact the owner of the firearm that you took possession of in CA (illegally as an out of state resident) after exchanging cash. Pretty simple case for a DA to win. Long gun tansactions must follow the laws of both states (CA and NC here). So while you can walk away with a longgun in NC and probably even do a PPT without an FFL, it cannot happen in CA. So both you and the seller have broken laws here if the deal went down as you described ..(hint).

Here is a simple quote from the ATF site:

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]

The key words here are "obtain the firearm from the dealer" and NOT the seller in the other state.

Gendaito
12-13-2007, 9:11 AM
ohsmily, thanks. That's what I thought, but you never know with these CA gun laws.