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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-21-2009, 8:57 AM
usaf_vito usaf_vito is offline
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Default Traveled with guns legally to CA, can I sell them here?

I'm here this week on vacation and I brought my guns with me. Can I sell them legally? I'm not a gun dealer or anything, just a Texas resident.
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Old 12-21-2009, 9:14 AM
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Originally Posted by usaf_vito View Post
I'm here this week on vacation and I brought my guns with me. Can I sell them legally? I'm not a gun dealer or anything, just a Texas resident.
Not really
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  #3  
Old 12-21-2009, 9:16 AM
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Nope! you must be a resident here to sell them here unless they are C&R than I think it is different.
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Old 12-21-2009, 9:19 AM
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According to the Calguns wiki, you cannot do that. See here.
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Old 12-21-2009, 12:28 PM
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Originally Posted by usaf_vito View Post
I'm here this week on vacation and I brought my guns with me. Can I sell them legally? I'm not a gun dealer or anything, just a Texas resident.
Legally you should be able to sell to a California resident through an FFL in California. Practically, the system promulgated by the CA government doens't allow non residents to sell in what are called Private Party Transfers in California. Again, legally you should be allowed but its a rare occurrence and so we haven't pressed to have it fixed yet.

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  #6  
Old 12-21-2009, 1:55 PM
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You can legally sell them but you don't have a california drivers license so the proper form can't be legally completed. So no, you can't right?
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Old 12-21-2009, 2:11 PM
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Technically, you would sell to the FFL, and then the FFL would sell to the buyer. Would only work for long guns and pistols that are on the roster.
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Old 12-21-2009, 3:47 PM
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Heh, I actually just did one of these today from a NV resident to a CA resident.

We just accepted the handgun into inventory and got a copy of the sellers NV drivers license. Then did a standard dealer handgun transaction to the customer. It's just treated the same as a dealer transfer. The handgun was a handgun on the roster in CA, so there were no issues there to worry about.

Really it was no different than if the NV resident had mailed us the gun.

We're allowed to charge whatever we want for these kinds of transactions but I just charged the guy the $35 of a regular PPT since the buyer and seller came in together and it made it easier.
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Old 12-21-2009, 7:24 PM
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I was tempted to say that there are good FFLs who can just do it for you and now you see that there are. If the OP will post his general location we can steer you to the right local FFL.

-Gene
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  #10  
Old 12-22-2009, 5:30 AM
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"We're allowed to charge whatever we want for these kinds of transactions but I just charged the guy the $35 of a regular PPT since the buyer and seller came in together and it made it easier."

May good karma surround you and your business!
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Old 12-22-2009, 5:35 AM
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Quote:
Originally Posted by bdsmchs View Post
Heh, I actually just did one of these today from a NV resident to a CA resident.

We just accepted the handgun into inventory and got a copy of the sellers NV drivers license. Then did a standard dealer handgun transaction to the customer. It's just treated the same as a dealer transfer. The handgun was a handgun on the roster in CA, so there were no issues there to worry about.

Really it was no different than if the NV resident had mailed us the gun.

We're allowed to charge whatever we want for these kinds of transactions but I just charged the guy the $35 of a regular PPT since the buyer and seller came in together and it made it easier.
And you are located where?
Hours of operation?
May you always have enough business to stay busy.
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Old 12-22-2009, 6:13 AM
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Quote:
Originally Posted by bdsmchs View Post
Heh, I actually just did one of these today from a NV resident to a CA resident.

We just accepted the handgun into inventory and got a copy of the sellers NV drivers license. Then did a standard dealer handgun transaction to the customer. It's just treated the same as a dealer transfer. The handgun was a handgun on the roster in CA, so there were no issues there to worry about.

Really it was no different than if the NV resident had mailed us the gun.

We're allowed to charge whatever we want for these kinds of transactions but I just charged the guy the $35 of a regular PPT since the buyer and seller came in together and it made it easier.
If both parties are present in the shop, it should be a regular PPT. Right? You are not receiving a gun via a shipping company. Is there anywhere in the law that states that it would not be a standard PPT?
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  #13  
Old 12-22-2009, 6:51 AM
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There isn't any laws (that I know of) that say you can't PPT a gun from out of state. The problem is in the paperwork you gotta fill out. It asks for CA ID from both seller and buyer. CA DOJ won't accept any out of state ID for PPT even though there isn't anything saying they can't.

It's a murky area and probably not worth challenging. There are other things in the works that could possibly address this issue as an unintended consequence.
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  #14  
Old 12-22-2009, 7:12 AM
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Quote:
Originally Posted by CSACANNONEER View Post
If both parties are present in the shop, it should be a regular PPT. Right? You are not receiving a gun via a shipping company. Is there anywhere in the law that states that it would not be a standard PPT?
LEGALLY, you're supposed to be able to process it as a regular PPT, but the DROS software won't let you and there's no way to force it.

The sucky part is, that also forces you to use the roster of approved handguns.
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--Cesare, Marquis of Beccaria, "On Crimes and Punishment"
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  #15  
Old 12-22-2009, 5:03 PM
usaf_vito usaf_vito is offline
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I actually do have a CA DL. I'm from here originally, active duty military now. I bought guns in Texas but am considering selling to someone here. I just wanted to know if it's even legal. It's sounding like it is...

The guns just aren't registered since I don't live here currently.
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  #16  
Old 12-22-2009, 5:04 PM
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I think it's time for a "List of underground regulations in the DROS/CFLC system" thread.
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  #17  
Old 12-22-2009, 6:38 PM
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Quote:
Originally Posted by usaf_vito View Post
I actually do have a CA DL. I'm from here originally, active duty military now. I bought guns in Texas but am considering selling to someone here. I just wanted to know if it's even legal. It's sounding like it is...

The guns just aren't registered since I don't live here currently.
As long as you go through an FFL in California, it's completely legal, and practical since you have CA ID. Sell away.

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  #18  
Old 12-23-2009, 7:15 AM
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I will be traveling and staying in Cal for about 1.5 months.
Will I be allowed to open carry?
In the Car?
Loaded or unoaded?
I will not have a Cal permit.
Thanks
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Old 12-23-2009, 7:55 AM
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Quote:
Originally Posted by bdsmchs View Post
LEGALLY, you're supposed to be able to process it as a regular PPT, but the DROS software won't let you and there's no way to force it.

The sucky part is, that also forces you to use the roster of approved handguns.
That's probably exactly what they intended to do with this backdoor regulation.
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