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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
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Hey quick question, I am a CA resident and I will be taking a trip to NV in a couple of months. I was wondering if it was legal to buy a firearm in NV? Is it even allowed? Do you have to be a resident of NV? Are there different rules for handguns, shotguns, and rifles?
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#3
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You can have it shipped to an FFL dealer in California and complete the transaction there. But purchasing a firearm outside your state of residence is a violation of federal law.
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"Criminals are a small minority in any age or country. And the harm they have done to mankind is infinitesimal when compared to the horrors—the bloodshed, the wars, the persecutions, the confiscations, the famines, the enslavements, the wholesale destructions—perpetrated by mankind's governments." Ayn Rand, Capitalism: The Unknown Ideal (1967) |
#4
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If you have a C&R license you can buy a C&R rifle and bring it home. You also can buy a C&R pistol, but must register it within so many days of coming into California. The form is available online. I don't remember the link off the top of my head.
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Rudy N NRA ENDOWMENT MEMBER |
#5
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I believe, yes - you can buy a firearm in Nevada, but you can take possession of it until after it is shipped to an FFL in California and you go through DROS here and pay that fee. The last time I was in Sprague's in Yuma, AZ - there was a flyer on the wall saying out of state residents can buy in AZ. I believe the above is why - pay here and ship it to your FFL at home. |
#6
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Same as doing a purchase from gunbroker online; pay the seller, they transfer it to your ffl where your DROS is done. Warning, chose your FFL carefully as their transfer fees for this type of deal can vary.
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#7
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Under Federal law you can buy a long gun in another state (as long as it is legal in your home state) and bring it back. Handguns must be shipped back to an FFL in your home state, but you can still do it. C&R license exempts you on C&R guns (even if you're from CA). But otherwise CA residents cannot buy guns in other states (without shipping it back to a CA FFL). |
#8
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#9
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__________________
"Criminals are a small minority in any age or country. And the harm they have done to mankind is infinitesimal when compared to the horrors—the bloodshed, the wars, the persecutions, the confiscations, the famines, the enslavements, the wholesale destructions—perpetrated by mankind's governments." Ayn Rand, Capitalism: The Unknown Ideal (1967) |
#10
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can't I just move to NV
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Pr. 22:3 The prudent see danger and take refuge, but the simple keep going and pay the penalty. "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!" Patrick Henry Don't Listen to me, I had bad grades in high school.... |
#11
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I just found this:
State Regulations: All State paperwork (in addition to the ATF F 4473) must be completed prior to the transfer of a firearm to the purchaser. All state or locally required WAITING PERIODS begin when the purchaser patronizes the FFL dealers place of business and completes the required Federal and State paperwork. Waiting periods DO NOT begin when the firearm is purchased or shipped; they begin once all paperwork is complete. California: Residents of California can only be transferred a firearm in the state of California. (CA Pen. Code 12072.C & 12048(d)(7)(A)) SO I can purchase a long gun to have the long gun transfered, meaning shipped to a FFL in CA, only? |
#12
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But I'm not going to go too deep into it. Essentially you can go there right now and buy a gun, but you need to have it shipped and transferred through an FFL here. Finding a vendor their that will do this might be harder. CA DL to NV/AZ gun shops are like holy water to vampires. But I'm sure a lot of them are cool and knowledgeable. Best to buy here and bring it with you to NV. Then buy some large capacity mags (over 10 rounds) to use there (fun ![]() You could, but then how would you live in AZ ![]() ![]() |
#13
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If you have an 03FFL, you may purchase C&R guns out of state and bring them home. Handguns must be declared and registered. This does not apply to modern firearms. The only other way is to make the purchase, and have the seller ship the gun to a California 01FFL. Upon return to California, you go to that FFL, pay his transfer fee and California sales tax, and begin the 10 day wait.
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- Rich |
#15
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It is not a violation of California law for a California resident to buy a firearm in another State. It is only a violation of Federal law.
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#16
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Federal laws [18 USC 922(a)(3) & (5)] prohibits the transfer of firearms between non-licensed residents of different states, unless the transfer is done through a FFL dealer in the recipiant's state of residence.
Federal law [18 USC 922(b)(3)] prohibits a FFL dealer in transfering firearms, except rifles & shotguns, to non-residents of their state. The exemption for rifles & shotguns only applies if the transfer complies with the state laws for both the FFL dealer and the recipiant. CA state law [PC 12070(a)] requires firearm transfers to be done through a CA FFL dealer. So, a non-licensed CA resident can travel to another state and legally purchase a firearm(s). But, they can not legally take possession of the firearm(s). The firearm(s) must be shipped to a CA FFL dealer, who will transfer the firearm(s) to the CA resident. 18 USC 922 (a) It shall be unlawful— (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter (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 (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (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), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; Penal Code 12070 (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor. |
#17
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Short answer is: Yes, you can purchase a firearm out of state, but you cannot take possession of it from that out of state dealer. As has already been pointed out, here are the steps:
1. Purchase firearm from person or FFL out-of-state 1.1 Person you are purchasing it from takes it to out-of-state FFL 2. Out-of-state FFL ships it to California FFL 3. You pay transfer fees in person at California FFL 3.1 Firearm gets DROS'ed at California FFL 4. Wait 10 days 5. Pick up firearm 6. ... 7. PROFIT!
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Rule #1: Keep your booger hook off the bang-switch! Cruz/West 2016 - You STILL want to call me a racist tea bagger? |
#20
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yes, when it goes through the CA FFL it will have to be on the roster
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#21
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Unless it has a single-shot modification done to it.
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Rule #1: Keep your booger hook off the bang-switch! Cruz/West 2016 - You STILL want to call me a racist tea bagger? |
#22
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It is not illegal for you to drive to NV, purchase a gun from a private party, and have that person ship directly to your FFL. No Nevada FFL is required. This may not be the case in all states... some states may indeed require the shipper to go through an FFL, but it is not a federal requirement. Federal requirement indicates that an FFL must be involved. California requires that it be a California FFL... but in either case, in most states, only one FFL is needed.
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- Rich |
#23
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NRA Life Member |
#24
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BATFE requires that interstate transfers involve an FFL, and that the transaction follow the laws of both states. California requires that the purchaser use a California FFL. Therefore, to be in compliance with both California and Federal law, a Californian cannot "cash and carry" from a gun shop in Nevada. For states that do not specify an in-state FFL, such as Utah, it is legal for a Utah resident to purchase a gun from a dealer in Nevada (he can not cash and carry from a private party, it must still go through an FFL per BATFE regulations). C&R is a bit more interesting. An 03FFL can still purchase C&R guns out of state and bring them home since he is legally a California FFL (but not a dealer, no
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- Rich |
#25
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You just can't take it home with you yourself. The only part that would violate Federal law about this is the part that says "must follow the laws of both states" and the purchase doesn't follow California law and is thus illegal Federally as well. As an Arizona resident I can buy a long gun in Utah right now and drive it back to Arizona with me. It is completely legal. |
#26
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The only part that would violate Federal law about this is the part that says "must follow the laws of both states" and the purchase doesn't follow California law and is thus illegal Federally as well.[/QUOTE] What I was trying to say that it only violates Federal law. It violates Federal law because the Federal law requires the transaction to follow the rules of both States. Doing the transaction in California without going through a California dealer would violate California law. But doing the transaction in Nevada would not violate California law. It would only violate Federal law, because Federal law requires you to follow the rules of your home State when you acquire at an out of state FFL. Quote:
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#27
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This is exactly what they mean. But you gotta be careful to make sure the gun you are buying is on the roster. Sprague's won't know too much about what guns are on it and which ones aren't.
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi the question here is not whether the carrying of arms is a good idea—the question is whether carrying arms is constitutionally protected. Objective standards and due process—not Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura |
#28
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Residents of most other States can actually buy and take possession of rifles and shotguns in another State, as long as they acquire the rifle or shotgun from an FFL licensed in the State they are visiting and take possession of it at that FFL's licensed premises and as long as the transaction follows the rules of both States. A gunshow in an FFL's State qualifies as an extension of his licensed premises. That might be what the flyer was talking about.
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#33
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Mexico! That way they can fix the gun laws down there and help the impoverished!
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