Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > FFL's Forum
Register FAQ Members List Calendar Mark Forums Read

FFL's Forum For open discussion between FFLs and polite questions for FFLs.

Reply
 
Thread Tools Display Modes
  #1  
Old 11-25-2012, 8:44 AM
duckhunterflyfisher's Avatar
duckhunterflyfisher duckhunterflyfisher is offline
Junior Member
 
Join Date: Sep 2010
Location: northern california
Posts: 87
iTrader: 0 / 0%
Default FFL transfer for Beretta 92FS from out of state legal question

Quick question for the FLLs on here please.

I am looking at a police tradein Beretta 92FS. The seller(FFL) is out of state and only has high cap mags.

Can I have him transfer the pistol to my FFL without the high cap mag and just put a 10 rounder in it when I pick it up???

92FS are on the roster of legal handguns but I am not sure if you can transfer them out of state without the mag. Given the crazyness of Cali DOJ and ATF laws I wanted to run this by all of you before I reach out to the seller again. I havent seen anything saying you cant but figured the FFLs on here would know the finer points of the laws.

If it can be done great as I have always wanted a 92FS. If not sobeit.

Again thanks for your time in responding to this question. I greatly appreciate your input.
Reply With Quote
  #2  
Old 11-25-2012, 8:51 AM
rromeo's Avatar
rromeo rromeo is offline
Calguns Addict
 
Join Date: Sep 2009
Location: Radford, VA
Posts: 5,803
iTrader: 22 / 100%
Default

It is legal to do what you said. You have to convince both parties to do it, though. Is the deal that good, that it's worth the fees?
Reply With Quote
  #3  
Old 11-25-2012, 8:55 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,117
iTrader: 5 / 100%
Default

If your FFL, the high capacity magazines can also be shipped, but can not be transferred to you. Your FFL might be willing to swap them out or hold them for you to sell, but then it might not be worthwhile due to the costs. The magazines can also be taken apart by the seller as a "parts kit". If you put them together, it is illegal. Your FFL might not want to deal with the magazines at all, so shipping the parts kit directly to you might be best, although the seller might have an issue with it, even though it is legal. In theory, your FFL could take the magazines apart, but your FFL might not, with good reason, want to deal with that.

Unless you are exempt, you need to do the safety demo, so you would need a magazine at that point, any magazine, even a high capacity, would work. Your FFL might have one or you can provide one.

The main thing is to talk to your FFL to ensure that your FFL does not have any issues with what you want to do, but there are no legal issues other than mentioned.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #4  
Old 11-25-2012, 9:11 AM
duckhunterflyfisher's Avatar
duckhunterflyfisher duckhunterflyfisher is offline
Junior Member
 
Join Date: Sep 2010
Location: northern california
Posts: 87
iTrader: 0 / 0%
Default

Quote:
Originally Posted by kemasa View Post
If your FFL, the high capacity magazines can also be shipped, but can not be transferred to you. Your FFL might be willing to swap them out or hold them for you to sell, but then it might not be worthwhile due to the costs. The magazines can also be taken apart by the seller as a "parts kit". If you put them together, it is illegal. Your FFL might not want to deal with the magazines at all, so shipping the parts kit directly to you might be best, although the seller might have an issue with it, even though it is legal. In theory, your FFL could take the magazines apart, but your FFL might not, with good reason, want to deal with that.

Unless you are exempt, you need to do the safety demo, so you would need a magazine at that point, any magazine, even a high capacity, would work. Your FFL might have one or you can provide one.

The main thing is to talk to your FFL to ensure that your FFL does not have any issues with what you want to do, but there are no legal issues other than mentioned.
Thanks again for the info. I most definately will speak to my FFL make sure they are onboard with this as well as the seller.

I can get a 10 round mag in advance of the pistol being transfered less the high cap mag. Supply the mag to my FFL when I fill out the paperwork. Then do the safety check when I pick up the pistol.

I beleive my FFL has a high cap mag license, but it sounds like this deal could work out in various ways. Probably best for the seller to keep the highcap mag and add it to another 92FS he has for sale. They could just send the pistol I am interested in without the mag and I will supply a legal 10 round mag. Everyone is happy and well within the cali laws.

Last edited by duckhunterflyfisher; 11-25-2012 at 9:14 AM..
Reply With Quote
  #5  
Old 11-25-2012, 9:14 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,117
iTrader: 5 / 100%
Default

Unless the seller is going to reduce the price, you should get to decide what happens to the magazines. While you would have to pay for shipping, you could also have the magazines shipped to someone you know outside of CA.

Some FFLs might do the safety check at the start of the paperwork, so you might need it then.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #6  
Old 11-25-2012, 9:50 AM
dachan dachan is offline
Senior Member
 
Join Date: Sep 2007
Location: Santa Clara County
Posts: 2,008
iTrader: 197 / 100%
Default

If you need to mail the seller payment anyway, you may consider including the 10rnd magazine, and have him ship it back to your FFL with the firearm. That way your FFL will receive a firearm with appropriate CA legal magazine to perform the demonstration, etc. making for far less drama. Also, as mentioned above, it is appropriate to ask for a price reduction from the seller in lieu of shipping the large capacity magazines.
Reply With Quote
  #7  
Old 11-25-2012, 3:14 PM
duckhunterflyfisher's Avatar
duckhunterflyfisher duckhunterflyfisher is offline
Junior Member
 
Join Date: Sep 2010
Location: northern california
Posts: 87
iTrader: 0 / 0%
Default

I think we are all set now with all you guys chipping in your input. Thanks again for the quick reponses. I was able to get a 10 round mag ordered and both FFLs have no issue doing the deal this way. I should have the mag by the time the pistol gets to the FFL! So I can execute the safety check etc. no issues.
Reply With Quote
  #8  
Old 12-01-2012, 8:15 AM
eltee's Avatar
eltee eltee is offline
Senior Member
 
Join Date: Jul 2008
Location: West of the Rockies, USA
Posts: 835
iTrader: 2 / 100%
Default

If you don't mind, could you post the seller if he has more? I always get requests for deals on 92's as they are still a sought after pistol.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 11:41 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.