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Old 04-01-2014, 3:38 PM
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fiddletown fiddletown is offline
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Quote:
Originally Posted by El Matavenados View Post
...a CA resident may not buy a HANDGUN in another state, unless it is transferred from FFL to FFL, but a CA resident CAN buy a rifle or shotgun from an FFL in another state, provided that the sale complies with the laws of the state in which it was purchased.

I haven't read the entire thread, but in your posts, you do not seem to differentiate between handguns and rifles/shotguns. Do you know of any CA state law that would prohibit the importation of a long gun which was legally purchased in another state?
In the case of a long gun it would also be a violation of federal law. You haven't read 18 USC 922(b)(3) correctly.

It reads, emphasis added:
Quote:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1)...

(2) ...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States),...
So the transfer of a long gun must fully comply with the transfer laws of both the State in which the transfer takes place and the State in which the transferee resides.

If the transferee lives in California, the transfer of a long gun must include completion of the California Dealer Record of Sate (DROS), submission of the DROS to the California DOJ, and the ten day waiting period. An FFL in another State can not comply with the California DROS requirements and therefore could not transfer to a California resident a long gun in a manner compliant with federal law (18 USC 922(b)(3)).
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