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Old 02-06-2008, 3:43 PM
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Originally Posted by yellowfin2 View Post
Do both parties have to be CA residents just because one is and/or is physically present in CA?
No, it's because federal law - as above, 18 USC 922 (a)(3) and (a)(5) - says crossing state lines requires an FFL in the buyer's state, and a seller may not sell to someone he knows does not live in the same state as the seller does business.
Why can’t I buy ‘gun x’, not on the Roster, from Joe Smith, or even Joe Smith, FFL, when those folks are out of state?

Federal law requires interstate transfer to go to an FFL in the receiver’s state. [18 USC 922 (a)(3) and (a)(5)] If you live in California, you can’t receive a handgun from out of state unless you have an FFL – and an FFL cannot sell a non-Roster gun to a non-LEO.
Calguns Wiki, Magazine Qs, Knife laws

Sometimes I forget: anything I post relative to CA law is in the light of current law, as of the date of the post.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.