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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 02-11-2011, 10:29 PM
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Default CA resident buy firearms in NV?

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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Old 02-11-2011, 10:30 PM
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IIRC you have to have it shipped to an FFL in California for paperwork processing
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Old 02-11-2011, 10:30 PM
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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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Old 02-11-2011, 10:33 PM
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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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Old 02-11-2011, 10:42 PM
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Quote:
Originally Posted by Zak View Post
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.
Don't mean to sound like I'm nit-picking, but I think you contradicted yourself.

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.
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Old 02-11-2011, 10:44 PM
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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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Old 02-11-2011, 10:55 PM
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Quote:
Originally Posted by Zak View Post
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.
No, it is a violation of California law.

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).
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Old 02-11-2011, 10:58 PM
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Quote:
Originally Posted by RyanAnchors View Post
No, it is a violation of California law.

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).
So you are saying I can buy a long gun in NV. But I cannot bring it back into CA because it is against state law.
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Old 02-11-2011, 11:01 PM
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Quote:
Originally Posted by RyanAnchors View Post
No, it is a violation of California law.

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).
My mistake, I'm a handgun guy
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Old 02-11-2011, 11:07 PM
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can't I just move to NV
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  #11  
Old 02-11-2011, 11:47 PM
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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?
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Old 02-11-2011, 11:47 PM
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Quote:
Originally Posted by CJSdrftFlat View Post
So you are saying I can buy a long gun in NV. But I cannot bring it back into CA because it is against state law.
Well. Yes and no.
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 ) and break them up into parts kits before returning to CA. (Don't bring them back assembled. Because that is illegal).


Quote:
Originally Posted by hammerhands32 View Post
can't I just move to NV
You could, but then how would you live in AZ
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  #13  
Old 02-11-2011, 11:51 PM
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Quote:
Originally Posted by CJSdrftFlat View Post
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?
There are two legal paths.

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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Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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  #14  
Old 02-11-2011, 11:57 PM
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thanks for the helpful replies. I think I have my answer
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  #15  
Old 02-11-2011, 11:59 PM
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Quote:
Originally Posted by RyanAnchors View Post
No, it is a violation of California law.
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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  #16  
Old 02-12-2011, 7:17 AM
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Default Gun Control Act of 1968

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.
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  #17  
Old 02-12-2011, 10:15 AM
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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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Old 02-12-2011, 10:22 AM
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Solution... move to NV.
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Old 02-12-2011, 10:22 AM
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If it's a handgun... doesn't it also have to be on the extortion list?
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Old 02-12-2011, 10:43 AM
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Originally Posted by secretasianman View Post
If it's a handgun... doesn't it also have to be on the extortion list?
yes, when it goes through the CA FFL it will have to be on the roster
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Old 02-12-2011, 11:00 AM
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Originally Posted by stix213 View Post
yes, when it goes through the CA FFL it will have to be on the roster
Unless it has a single-shot modification done to it.
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Old 02-12-2011, 11:41 AM
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Quote:
Originally Posted by Smokeybehr View Post
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!
Steps 1 and 2 are optional, depending on the laws of the state where you are making the purchase, and the shop policies of the California FFL.

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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Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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Old 02-12-2011, 1:58 PM
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Quote:
Originally Posted by CJSdrftFlat View Post
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?
There used to be signs in wallyworld ( they only sell long arms ) saying residents of certain western states can buy guns there, CA wasn't one of them.
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Old 02-12-2011, 6:19 PM
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Originally Posted by gunsmith View Post
There used to be signs in wallyworld ( they only sell long arms ) saying residents of certain western states can buy guns there, CA wasn't one of them.
Bingo.

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 out of state purchases are allowed if the intent is to resell.)
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Quote:
Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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Old 02-12-2011, 6:51 PM
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Quote:
Originally Posted by Mssr. Eleganté View Post
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.
No, because you can buy a firearm in another state.
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.
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Old 02-12-2011, 7:09 PM
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Originally Posted by RyanAnchors View Post
No, because you can buy a firearm in another state. You just can't take it home with you yourself.
Right. I should have said "acquire" instead of "buy".

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:
Originally Posted by RyanAnchors
No, it is a violation of California law.
Acquiring a firearm while outside of California does not violate a single California law. You could only be charged with violating Federal law (or the law of the State you are in if they have any such laws). That's all I'm saying.
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Old 02-12-2011, 7:27 PM
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Originally Posted by desertdweller View Post

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.
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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Old 02-12-2011, 7:34 PM
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Quote:
Originally Posted by desertdweller View Post
...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.
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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Old 02-12-2011, 7:38 PM
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Move to NV. Simple. Then you can buy want you want and not need to worry about CA ever again! I can dream can't I? Lol!
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Old 02-19-2011, 10:45 AM
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Move to NV. Simple.
Yes... we need more tax revenue! Oh.. and bring a few jobs with you! We can use those too!
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Old 02-19-2011, 11:10 AM
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Its gona be hard to collect tax revenue if the guy cant find employment there,lol.
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Old 02-19-2011, 11:37 AM
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boy it sure feels good to be protected by all these laws. we should reward all our democrat legislators with a trip to anywhere they want to go.

one way of course.
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Old 02-19-2011, 6:18 PM
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Quote:
Originally Posted by ken worth View Post
...we should reward all our democrat legislators with a trip to anywhere they want to go.

one way of course.
Mexico! That way they can fix the gun laws down there and help the impoverished!
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