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View Full Version : buy c&r hangun out of State thur FFL legal?


Darto
11-16-2013, 10:11 PM
Can a California resident who is personally legally able to buy a handgun on the roster (not a felon, etc.), purchase online mailorder from an out of State private party (or dealer) a handgun old enough to be a curio and relic
but is not old enough to be classified an antique?



reference:

http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List#Other_exempt_transactions_an d_conditions



THE FOLLOWING FROM THAT PAGE ABOVE SEEMS TO INDICATE THE ANSWER IS NO: ==>NUMBER 3)

" " When does the Roster usually apply?

These seven conditions are the most likely to be encountered by non-law enforcement handgun buyers/transferees who live in California:

1) Buys a handgun from a CA FFL -- must be on the Roster (except for the Single-action revolver exception - See above).

2) Buys a handgun from another CA resident (ANY other CA resident, including LEO) at a CA FFL -- this is a CA 'private party transfer'; Roster does not apply.

3) Buys a handgun from a NON-CA resident at a CA FFL -- this is an interstate transfer; must be on the Roster (except for the Single-action revolver exception - See above).

4) Buys a handgun from a NON-CA resident (or NON-CA FFL), shipped to a CA FFL -- this is an interstate transfer; must be on the Roster (except for the Single-action revolver exception - See above).

5) Receives a handgun from immediate family (grandparent, parent, child) who LIVE IN CA -- Roster does not apply, FFL not required, file OPLAW form.

6) Receives a handgun from immediate family (grandparent, parent, child) who DO NOT LIVE IN CA -- Roster does not apply, Federal law says FFL required because this is an interstate transfer.

7) Inherits a handgun from a deceased immediate family (grandparent, parent, child) member -- Roster does not apply, FFL not required (exception to Federal interstate transfer), file OPLAW form. " "


---
However I seemed to recall another forum thread where it was legal.

So, I don't know myself, can anybody clairify?

Librarian
11-16-2013, 10:59 PM
Leading question - does that person have a C&R license?

If yes, then the license holder may follow the law regarding that license.

If not, then it's a handgun, and has to follow interstate transfer rules.

Darto
11-17-2013, 4:37 AM
The person (me) does not have a C&R nor any other license.

I know I cannot buy a modern off roster handgun (double action revolver or semi auto) from out of state even if it is shipped to my local FFL instead of to me. But is the law different if it is a C&R pistol (but not an antique) so that it can be done like it could be if the handgun was on roster?

Thank you.

fizux
11-17-2013, 5:03 AM
The person (me) does not have a C&R nor any other license.

I know I cannot buy a modern off roster handgun (double action revolver or semi auto) from out of state even if it is shipped to my local FFL instead of to me. But is the law different if it is a C&R pistol (but not an antique) so that it can be done like it could be if the handgun was on roster?

Thank you.
From Penal Code 32000:
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
...
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

Also see Penal Code 32110:
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
...
(g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

Not to say that there isn't some restriction elsewhere or your local FFL's policy. Bottom line, ask your LGS.

Darto
11-17-2013, 5:15 AM
Now that's what I wished for, happy me...

( but a scary thought, sometime in the future these days of today will be the good ol' days for life in California).

Darto
11-17-2013, 7:21 AM
I also (at last) found this:
http://wiki.calgunsfoundation.org/FAQ#Can_I_buy_a_handgun_not_on_the_.22Roster.E2.80 .9D_from_an_FFL.2FDealer.3F

"2.3.6 Are C&R handguns exempt from the roster?

Yes, as per 12132(g) PC "

and 12132(g)PC is the same as fizux posted: shall not apply to any of the following: ...(g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations

Librarian
11-17-2013, 10:53 AM
For some reason I misread that as 'can I myself go out of state and purchase ...'

fizux
11-17-2013, 7:05 PM
For some reason I misread that as 'can I myself go out of state and purchase ...'
I had to look it up, and I'm still not sure.
Just think, in another 46 short years, we'll be able to buy Gen4s!