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Old 02-04-2013, 2:53 PM
CS Sports CS Sports is offline
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Default Hypothetical question about receiving a non-compliant rifle

Hypothetically speaking, what would you do if you received an AR from an out of state shipper that was in non-Ca compliant form?

I've not had it happen, but I wonder how I'd handle it since I do not have an AW permit.

For the sake of discussion lets just say that I am doing an out of state transfer for a customer, non-FFL shipper.
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Old 02-04-2013, 3:34 PM
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Well the shipper has comited a "F" by shipping a AW into CA

you not being an AW dealer can not ship it back or have it in your shop or you will catch a "F"

If this were to happen i would think you would call doj ASAP an have them tell you what they want you to do

I would think they would have someone come get it
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Old 02-04-2013, 6:17 PM
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I would double check because I'm sure it arrived in CA legal configuration, with a bullet button, separated upper/lower, etc., hypothetically.

Last edited by Toby's Tactical; 02-04-2013 at 6:21 PM.. Reason: Text
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Old 02-04-2013, 6:36 PM
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Tell your customers to have the upper shipped to them and only the lower shipped to you. This way you will not have to deal with this happening, unless the lower is listed by name that is.
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Old 02-05-2013, 5:59 AM
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Ship it back. You don't know if it is a DOJ sting.
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Old 02-05-2013, 7:31 AM
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Can one ship it if not permitted for AW's?
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Old 02-05-2013, 9:47 AM
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Quote:
Originally Posted by tenpercentfirearms View Post
Ship it back. You don't know if it is a DOJ sting.

Quote:
Originally Posted by Toby's Tactical View Post
Can one ship it if not permitted for AW's?

And these two posts succinctly summarize my question. This seems like a great way for an FFL to get caught in a Catch-22.
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Old 02-05-2013, 10:15 AM
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You cant ship it
You cant have it in your shop

I would think the best bet would be to call DOJ asap and tell them what happend an ask them what thay want you to do with it

As others have said YOU do not know were it came from

If you ship it you are working out side of your lic
If you work on it you are working out side of your lic
If you have it in your shop your lic dose not cover it

Yes a messy catch 22
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Last edited by ASD1; 02-05-2013 at 10:21 AM..
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Old 02-05-2013, 10:48 AM
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Quote:
Originally Posted by tenpercentfirearms View Post
Ship it back. You don't know if it is a DOJ sting.
If it is a sting then it is a very clear case of entrapment.
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Old 02-05-2013, 10:53 AM
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The biggest problem with calling the DOJ us that no one answers the damn phone. I've called many times with questions, have only gotten a call back once, and that person left a number for a line that was never answered.
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Old 02-05-2013, 10:54 AM
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Quote:
Originally Posted by CS Sports View Post
The biggest problem with calling the DOJ us that no one answers the damn phone. I've called many times with questions, have only gotten a call back once, and that person left a number for a line that was never answered.
You have to hangup and call back when the recording answers if you want to get a live person. Usually takes me 3 tries. Another option would be to call the local PD to come pick it up.
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Old 02-05-2013, 11:47 AM
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I called the DOJ and a person actually answered. Since it is not written, it does not help much, but what I was told is that if you receive such a firearm you need to immediately ship it back (which is a problem if it does not come from a FFL or if you don't have a copy of the FFL). I was told that it was "illegal" if you record it in your bound book, which is a Federal issue and the CA DOJ should not be speaking about that. I was also told that you can not take it apart to make it no longer a so-called a-salt weapon.

I was told that if you don't have a firearm overnight, that you don't have to log it into your bound book, which seems strange to me. Of course, you can have multiple bound books, so you could have a secret (to the DOJ) bound book for such firearms.

As an added bonus, I asked about shipping a personally owned CA registered so-called a-salt weapon out of state and I was told that it was legal, although I thought that the law said that only CA FFLs with an a-salt weapon permit was allowed to ship such a firearm from within CA.
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