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  #41  
Old 10-30-2017, 7:24 PM
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kemasa kemasa is offline
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Quote:
Originally Posted by Junkie View Post
Since when can a C&R rifle not be shipped directly to an 03/COE?
Since the law changed. I would have to look at the date, but I think it was the same time that each long gun had to have a DROS submitted. 01-Jan-2015 is when 27585 changed. See also 27565.
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Last edited by kemasa; 10-30-2017 at 7:36 PM..
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  #42  
Old 10-31-2017, 11:07 AM
locomike locomike is offline
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ive been looking through the penal codes and its confusing but i dont see where it says i cant buy a C&R rifle from someone out of state and have it shipped directly to me as long as i have a 03 lic., a COE and report the transaction afterwards. i looked at 27545, 27966, 27585 and 27565 amongst a couple others. i dont want to break the law here so i hope some one can point me to the code that makes it illegal if it is and if not to reassure me that ill be ok lol
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  #43  
Old 10-31-2017, 1:32 PM
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Did you read 27585? What does it say about importing? 27565 is the exemption, but you have to physically acquire it while out of state, which is not the case if it shipped.
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  #44  
Old 10-31-2017, 5:13 PM
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Here it is:

Quote:
Penal Code - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]
( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

TITLE 4. FIREARMS [23500 - 34370]
( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )

DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490]
( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )

CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )


ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590]
( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )


27585.

(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(b) Subdivision (a) does not apply to or affect any of the following:

(1) A licensed collector who is subject to and complies with Section 27565.

(2) A dealer, if the dealer is acting in the course and scope of his or her activities as a dealer.

(3) A wholesaler, if the wholesaler is acting in the course and scope of his or her activities as a wholesaler.

(4) A person licensed as an importer of firearms or ammunition or licensed as a manufacturer of firearms or ammunition, pursuant to Section 921 et seq. of Title 18 of the United States Code and the regulations issued pursuant thereto if the importer or manufacturer is acting in the course and scope of his or her activities as a licensed importer or manufacturer.

(5) A personal firearm importer who is subject to and complies with Section 27560.

(6) A person who complies with subdivision (b) of Section 27875.

(7) A person who complies with subdivision (b), (c), or (d) of Section 27920.

(8) A person who is on the centralized list of exempted federal firearms licensees pursuant to Section 28450 if that person is acting in the course and scope of his or her activities as a licensee.

(9) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 acquired by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.

(10) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 acquired by a person who holds a permit issued pursuant to Section 31005, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.

(11) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 acquired by a person who holds a permit issued pursuant to Section 32650, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.

(12) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 acquired by a person who holds a permit issued pursuant to Section 33300, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.

(13) The importation of a firearm into the state, bringing a firearm into the state, or transportation of a firearm into the state, that is regulated by any of the following statutes, if the acquisition of that firearm occurred outside of California and is conducted in accordance with the applicable provisions of the following statutes:

(A) Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, relating to destructive devices and explosives.

(B) Section 24410, relating to cane guns.

(C) Section 24510, relating to firearms that are not immediately recognizable as firearms.

(D) Sections 24610 and 24680, relating to undetectable firearms.

(E) Section 24710, relating to wallet guns.

(F) Chapter 2 (commencing with Section 30500) of Division 10, relating to assault weapons.

(G) Section 31500, relating to unconventional pistols.

(H) Sections 33215 to 33225, inclusive, relating to short-barreled rifles and short-barreled shotguns.

(I) Chapter 6 (commencing with Section 32610) of Division 10, relating to machineguns.

(J) Section 33600, relating to zip guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, as they relate to zip guns.

(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.
(Added by Stats. 2014, Ch. 878, Sec. 4. Effective January 1, 2015.)
Quote:

Code Text
Penal Code - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]
( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

TITLE 4. FIREARMS [23500 - 34370]
( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )

DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490]
( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )

CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )


ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590]
( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )


27565.

(a) This section applies in the following circumstances:

(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(2) The licensed premises of that person are within this state.

(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.

(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.

(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.
(Amended by Stats. 2011, Ch. 745, Sec. 28. Effective January 1, 2012.)
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  #45  
Old 11-01-2017, 10:16 AM
locomike locomike is offline
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thanks
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  #46  
Old 11-10-2017, 8:22 AM
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so the thinking there is that since the code is dated 2015 it overshadows the 2014 on? by the 2014 one i could bring it in. its only the 2015 code that stipulates taking possession outside of state, ie; code 27565. am i on track in my assessment? also wondering, in code 27585 there are several other exceptions besides being a collector listed in 2-13. im not a dealer or an importer so that eliminates several of them but the wording was so think on a couple others im not sure what they were saying. namely 6 and 7. any help please? thanks again
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  #47  
Old 11-10-2017, 9:47 AM
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Each section limits what you can do, it is not one or the other.

27585 says that you can't import except for 27565 when you are out of state.

The other exemptions don't tend to apply. One is if you move to CA. If you already live here, you are not moving here.
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  #48  
Old 11-11-2017, 9:53 AM
locomike locomike is offline
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thanks again for info Kemasa. im not sure i understood what you said a few posts back about sales tax. on this particular transfer, out of state seller private party, they can or cant charge me sales tax?
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  #49  
Old 11-11-2017, 10:00 AM
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Quote:
Originally Posted by locomike View Post
thanks again for info Kemasa. im not sure i understood what you said a few posts back about sales tax. on this particular transfer, out of state seller private party, they can or cant charge me sales tax?
If it is a private seller and an occasional sale and you have a C&R FFL and the firearm is a C&R, then it is not subject to sales tax. You need to have it documented. I think I posted the letter from the BOE about this in another thread.

Can they? Yes. Should they? No.
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