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View Full Version : Shipping a C&R mosin within CA


Itsmemrj
09-07-2013, 10:12 PM
I did a search and the posts that showed up were "dated" I did not see anything that was withing the last year or was not answering my question, so I will ask anyway.

I want to purchase a Mosin from a calguns member. I live in California, and he lives in California. Can he legally ship it to my house?

I am allowed to own a firearm and I am over 18. Please help.

Mssr. Eleganté
09-08-2013, 2:26 PM
I did a search and the posts that showed up were "dated" I did not see anything that was withing the last year or was not answering my question, so I will ask anyway.

I want to purchase a Mosin from a calguns member. I live in California, and he lives in California. Can he legally ship it to my house?

I am allowed to own a firearm and I am over 18. Please help.

Perfectly legal. But since it's extremely hard for a seller to verify that you are really 18 and a California resident, most will not do it.

Itsmemrj
09-08-2013, 2:52 PM
unfortunately the deal fell through :-(

mit31
09-12-2013, 12:00 PM
Understood that the deal has fallen through, but above seems to be FUD inaccurate, so I thought I'd chime in.

Three ways to acquire a C&R within CA (for 2013 at least):

1. If you have a C&R FFL, and the rifle is 50 yrs old or older, he can ship it direct to your house.
2. Meet him somewhere and do a "person to person" transfer. As the rifle is 50 yrs old or older, after he confirms you meet requirements for ownership, he hands you the rifle and its done.
3. He ships it to your local Type 01 FFL dealer, and you do DROS, waiting period, etc.

If its a pistol, go direct to #3.

Only an antique (1898 or older) rifle can be shipped to your door without any license, etc.

I did a search and the posts that showed up were "dated" I did not see anything that was withing the last year or was not answering my question, so I will ask anyway.

I want to purchase a Mosin from a calguns member. I live in California, and he lives in California. Can he legally ship it to my house?

I am allowed to own a firearm and I am over 18. Please help.

onelonehorseman
09-13-2013, 10:31 AM
Understood that the deal has fallen through, but seems like FUD above, so I thought I'd chime in.

Three ways to acquire a C&R within CA (for 2013 at least):

1. If you have a C&R FFL, and the rifle is 50 yrs old or older, he can ship it direct to your house.
2. Meet him somewhere and do a "person to person" transfer. As the rifle is 50 yrs old or older, after he confirms you meet requirements for ownership, he hands you the rifle and its done.
3. He ships it to your local Type 01 FFL dealer, and you do DROS, waiting period, etc.

If its a pistol, go direct to #3.

Only an antique (1898 or older) rifle can be shipped to your door without any license, etc.


For option #1, 03 FFL, wouldn't you also need a COE to accompany the FFL?

Mssr. Eleganté
09-14-2013, 11:28 PM
Understood that the deal has fallen through, but seems like FUD above, so I thought I'd chime in...


Only an antique (1898 or older) rifle can be shipped to your door without any license, etc.

First of all, I don't think you understand what FUD means. Telling somebody that it's legal to do something is not spreading fear, uncertainty or doubt. Even if what I was suggesting was illegal (it's not) I would just be spreading incorrect information, not FUD.

Secondly, it's perfectly legal for for two unlicensed California residents to transfer a 50+ year old C&R long gun like a Mosin-Nagant by shipping it directly from the buyer to the seller. That's because 50+ year old C&R long guns are exempt from California's dealer transfer requirements. When you tell somebody otherwise then you are spreading FUD.

mit31
09-16-2013, 12:40 PM
Since it bugs you so much, I have struck out "FUD" in my post above. Can you please specify where the law says "two unlicensed California residents to transfer a 50+ year old C&R long gun like a Mosin-Nagant by shipping it directly from the buyer to the seller?"

I have only ever seen PTP transfers referenced as face to face (or cash and carry) transactions, and never by mail where the two people involved never meet.

To be honest, I cannot find anything in the law that says they cannot be sent by mail, but I also cannot find anything saying they can.

First of all, I don't think you understand what FUD means. Telling somebody that it's legal to do something is not spreading fear, uncertainty or doubt. Even if what I was suggesting was illegal (it's not) I would just be spreading incorrect information, not FUD.

Secondly, it's perfectly legal for for two unlicensed California residents to transfer a 50+ year old C&R long gun like a Mosin-Nagant by shipping it directly from the buyer to the seller. That's because 50+ year old C&R long guns are exempt from California's dealer transfer requirements. When you tell somebody otherwise then you are spreading FUD.

Mssr. Eleganté
09-16-2013, 1:00 PM
...Can you please specify where the law says "two unlicensed California residents to transfer a 50+ year old C&R long gun like a Mosin-Nagant by shipping it directly from the buyer to the seller?"

...To be honest, I cannot find anything in the law that says they cannot be sent by mail, but I also cannot find anything saying they can.


Only if you can show me the law that says you are allowed to post on this forum. I don't want to get involved in a discussion with somebody who isn't even allowed by law to be posting here. To be honest, I can't find anything in the law that says you can't post here, but I also can't find anything in the law saying you can. :rolleyes:

Tincon
09-16-2013, 1:03 PM
Only if you can show me the law that says you are allowed to post on this forum. I don't want to get involved in a discussion with somebody who isn't even allowed by law to be posting here. To be honest, I can't find anything in the law that says you can't post here, but I also can't find anything in the law saying you can. :rolleyes:

Not a good example:

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 2. (a) Every person may freely speak, write and publish his or
her sentiments on all subjects, being responsible for the abuse of
this right.

Mssr. Eleganté
09-16-2013, 1:07 PM
Not a good example:

Yeah, but what about during the lunch hour?!?! :p

Well then, Section 1 of the Declaration of Rights covers acquiring a Mosin-Nagant...

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.

mit31
09-16-2013, 1:19 PM
Wow, for a minute I thought this was a real, earnest conversation. You know, where I would state my concerns, admit the areas of my argument or knowledge that are lacking, and you would support your statement with facts or corroborating opinion.

But instead you decided to act like a 5 year old. :facepalm:

Forget it.

Only if you can show me the law that says you are allowed to post on this forum. I don't want to get involved in a discussion with somebody who isn't even allowed by law to be posting here. To be honest, I can't find anything in the law that says you can't post here, but I also can't find anything in the law saying you can. :rolleyes:

Tincon
09-16-2013, 1:21 PM
Well then, Section 1 of the Declaration of Rights covers acquiring a Mosin-Nagant...

Indeed:

The provision of this section, securing to every person the right of acquiring, possessing, and protecting property refers to the right to possess absolutely and unqualifiedly every species of property recognized by law with all rights incidental thereto including the right to dispose of the property in such innocent manner as he pleases.  People v. Davenport (App. 1937) 21 Cal.App.2d 292

Tincon
09-16-2013, 1:23 PM
Wow, for a minute I thought this was a real, serious conversation. You know, where I would state my concerns, admit the areas of my argument or knowledge that are lacking, and you would support your statement with facts or corroborating opinion.

But instead you decided to act like a 5 year old. :facepalm:

Forget it.

Well, actually I think that post was a rhetorical device illustrating the point that just because there is no law saying something is legal, does not mean that it is illegal.

mit31
09-16-2013, 1:33 PM
Yes, that was obvious. Normally on this forum its not too much to ask for support in interpretting what is and isn't illegal. I'm done.

Well, actually I think that post was a rhetorical device illustrating the point that just because there is no law saying something is legal, does not mean that it is illegal.

Mssr. Eleganté
09-16-2013, 1:53 PM
Yes, that was obvious. Normally on this forum its not too much to ask for support in interpretting what is and isn't illegal. I'm done.

You came into this thread saying that I was spreading FUD and then proceeded to make incorrect claims about what kinds of transfers are legal in California without posting any kind of supporting information whatsoever. You were obviously already aware that 50+ year old C&R long guns are exempt from California's dealer transfer requirements, so my posting the penal code for that exemption would have been pointless. If you had some kind of proof to back up your claim that the exemption doesn't apply when the firearm is shipped you should have posted it when you accused me of spreading FUD. Thankfully you are done.

Tincon
09-16-2013, 1:54 PM
Yes, that was obvious. Normally on this forum its not too much to ask for support in interpretting what is and isn't illegal. I'm done.

So, you accuse another member of acting childish, then you declare your intention to take your ball and go home?:facepalm:

BranNutz
09-16-2013, 2:00 PM
Laws state what you cannot do, there is no law in existence that states what you can do. GEEZ

So if there is no law saying you can't...... You want permission from your mom first?