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  #1  
Old 02-12-2018, 9:17 PM
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Default Can I legally buy a shotgun in Florida if I'm a California resident?

I was in Florida for a few days, and saw a shotgun I wanted to buy. Can I legally just buy it, or does it have to go thru a CA FFL?
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Old 02-12-2018, 9:20 PM
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Why not?

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Old 02-12-2018, 9:29 PM
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You can buy it you just can't take delivery of it in Florida. Federal law requires all laws of the buyer's state to be followed, so for us in Ca that means ship to Ca FFL 10 day wait dealer transfer fee and all the rest.
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Old 02-12-2018, 10:05 PM
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Quote:
Originally Posted by P5Ret View Post
You can buy it you just can't take delivery of it in Florida. Federal law requires all laws of the buyer's state to be followed, so for us in Ca that means ship to Ca FFL 10 day wait dealer transfer fee and all the rest.
Right.

If you lived in Real America, and your state of residence did not require using your-state-licensed FFLs, you could do it.

California, however, no.
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Old 02-13-2018, 4:56 AM
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Thanks guys
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Old 02-13-2018, 7:45 AM
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"I've got a mansion, forget the price,
Ain't never been there, they tell me it's nice..."

You can buy it (exchange money for right of ownership) anywhere.

You can only acquire it (take physical possession) through an FFL in your state of residence if your state requires that, and CA certainly does.
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Old 02-13-2018, 2:52 PM
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YSR, Just a thoughtk but look into taking possession in Florida but having it first imported into CA by having the FL seller send it to your CA FFL for DROS and delivery to you in CA. If that can't be done, give the dealer a hefty deposit (the sales price) and borrow it from the dealer until you are ready to return to CA. Then buy it and have the dealer send it to your CA FFL for DROS and delivery.
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Old 02-13-2018, 3:59 PM
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Quote:
Originally Posted by Chewy65 View Post
YSR, Just a thoughtk but look into taking possession in Florida but having it first imported into CA by having the FL seller send it to your CA FFL for DROS and delivery to you in CA. If that can't be done, give the dealer a hefty deposit (the sales price) and borrow it from the dealer until you are ready to return to CA. Then buy it and have the dealer send it to your CA FFL for DROS and delivery.
I can't imagine the issues the FFL would face if a firearm was logged into his bound book, but not on the premise and no 4473 to document a sale existed. Whole lot of risk involved in that idea.
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Old 02-13-2018, 6:02 PM
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What about completing the sale and doing the 4473, and later having the gun shipped to the CA FFL before returning to the state?
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Old 02-13-2018, 8:51 PM
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Quote:
Originally Posted by Chewy65 View Post
What about completing the sale and doing the 4473, and later having the gun shipped to the CA FFL before returning to the state?
So what part of him taking possession in Florida violates federal law for the FFL dealer are you not understanding? Remember this is how to do it legally and properly, not what can I get away with.
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Old 02-14-2018, 12:37 AM
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Please enlighten me as to what "Federal" law is violated by delivery of a long gun to the CA resident in FL?
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Old 02-14-2018, 12:49 AM
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Itís Florida man. Do wtf you want
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  #13  
Old 02-14-2018, 1:11 AM
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Quote:
Originally Posted by Chewy65 View Post
Please enlighten me as to what "Federal" law is violated by delivery of a long gun to the CA resident in FL?
18 USC 922 (b)(3)
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 ... 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), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Not possible for a CA resident to "fully comply with the legal conditions of sale in both such States" unless he/she uses a CA-licensed FFL.

18 USC 922 (a)(5) covers non-dealers
Quote:
(a) It shall be unlawful—
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person ... who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides;
ETA - I wrote this sticky - http://www.calguns.net/calgunforum/s...d.php?t=503873 - in 2011. Catch up, please.
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[Carol Ann voice]The Legislature is baaa-ack .... [/Carol Ann voice]

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.



Last edited by Librarian; 02-14-2018 at 1:18 AM..
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  #14  
Old 02-14-2018, 1:15 AM
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Quote:
Originally Posted by Michael777 View Post
Itís Florida man. Do wtf you want
Only if you like the risk of Federal prison for 5 years, or $10K fine, or both, as well as permanent loss of gun rights.
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[Carol Ann voice]The Legislature is baaa-ack .... [/Carol Ann voice]

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


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  #15  
Old 02-14-2018, 8:49 AM
Chewy65 Chewy65 is online now
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Thanks, Librarian. These were sporting guns (specifically skeet guns) that the FL dealer would loan/rent to vetted prospective purchasers for as long as a month.

Quote:
this paragraph . . .(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Not that I look at the statute, I agree that the FL FFL could not sell and deliver to one who is known or the dealer has reasonable cause to know they are not a resident of FL. I may have been thinking about the person with another home in FL who that dealer would not reasonably believe to be a resident of another state, were they to have a FL DL. However, they may loan/rent it and upon conclusion of the loan/rental then sell it as long as it is then shipped by that dealer to the CA FLL for DROS and delivery.
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