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Acquirement of off-roster handguns? I have a (crazy) idea...

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  • stocksnforex
    Junior Member
    • Feb 2019
    • 31

    Acquirement of off-roster handguns? I have a (crazy) idea...

    This is my first post, and I have no idea if I'm doing this right, but here goes.



    I’ve had this (crazy) idea for a while now.

    From what I understand, you cannot purchase off-roster handguns in California from an FFL. The only ways that normal Californians can get these guns is by private party purchase, either from a LEO, someone who just happens to have an off roster gun in their possession (that isn't stolen of course), or someone who moved to California and brought the handguns with them. That’s what gave me an idea:

    If I temporarily move to a more gun-friendly state, and stay there long enough to be legally considered a citizen/resident of that state, I could then purchase any handguns that I want. After acquiring as many off-roster guns as possible, I could move back to California and sell the guns.

    So what if, before I left, I could take pledges or donations or payments to a company that I would own, and then use that money to purchase all of the guns out of state when I live there. I could then liquidate the company and move all of the guns into my personal name, and then I could move back to California, and “sell” each gun back to the person who sent money to the company for $1 or so.

    I understand that as soon as I start selling guns and make a profit off of that, I would need to get a Federal Firearms License, and that would invalidate this private-party sale loophole, so I would have to ensure that when selling the handguns, I’d just be breaking even to keep this a legal, not-for-profit venture, though I would probably shoot for a loss of a couple cents or dollars per gun so that a prosecutor wouldn’t have any ground to charge me.

    By the way, I’m a 17 year old high school student in Southern California, so I still have a few years to talk to people and figure out how to do this, if it can even be done at all. I figure because of my age I would have a relatively easy time moving out of state for college or what-not, because I don’t have any life commitments that would limit this kind of travel. I figured while I am out of state, I could buy off roster handguns to bring back to California.

    Any ideas about how this could work better, general legal advice from anyone who understand the law better than I, or clearly-worded warnings about how I’m missing a big piece of the picture and that this would get me incarcerated for life — all of that would be greatly appreciated. (I understand that nothing here should be taken as legal advice, but posting a chunk of federal or state law that would either support or condemn this venture would be hard to argue against)

    Also, if there are any firearms rights groups in California or elsewhere that take an interest in this, if you could consult your own lawyers about this and get back to this thread, I know we would all greatly appreciate the professional input.



    I am dedicated to the protection of my rights as an American citizen and recognize how easily they can be undermined when the Second Amendment is unjustly and often needlessly restricted.

    And lastly, if all of these ideas don’t pan out, is there anyone willing to support me in a kickstarter campaign in my attempt to garner the largest private collection of California off-roster handguns in the United States whilst I am a resident of a different state? Afterwards, I can move back, and I can enjoy my private collection in the beautiful California sunshine!
    Last edited by stocksnforex; 06-24-2019, 4:31 PM. Reason: forgot a comma
  • #2
    steelholder
    Veteran Member
    • Jul 2010
    • 3317

    Now THIS has real potential..
    WTB 3rd Gen SW also looking for a 22 pistol with 6" bbl or longer

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    • #3
      jimbo74
      Veteran Member
      • Mar 2014
      • 2923

      NO. CA WON'T CONSIDER YOU NOT A CA RESIDENT. YOU WILL GO TO JAIL.
      "It is currently CA legal to modify a double-action revolver into a single-action revolver and modify a single-action revolver into a double-action revolver.

      CA DOJ BOF stance on modifying handguns only applies to dimensionally compliant bolt-action single-shot pistols and dimensionally compliant break-open single-shot pistols.
      ^It does not apply to revolvers, manually operated repeating pistols, and semi-auto pistols." ~~ Quiet

      Comment

      • #4
        Skip_Dog
        Veteran Member
        • Apr 2017
        • 2656

        Your last statement is the best and only legal thing in your first post on this forum. Welcome and good luck.

        Comment

        • #5
          tomk556
          Senior Member
          • Jul 2008
          • 865

          That has the sniff of a straw purchase as described and would probably go over especially poorly with money changing hands ahead of time for specific items and with your crossing statelines- that is, the far more enforced federal side of the law as opposed to California law.

          Honestly, there are far better ways to make money than by trying to flip a dozen handguns.

          Comment

          • #6
            SoldierLife7
            Joe Exotic For President
            CGN Contributor
            • Apr 2013
            • 2420

            IBTL

            Comment

            • #7
              enorbit3
              Veteran Member
              • Oct 2011
              • 2560

              :insertATFmanmeme:
              LAPD CCW Timeline:
              Application Sent/Rec'd - 10/11/22
              Interview Scheduled - 2/20/22
              Interview & Live Scan- 2/21/22
              DOJ/FBI - 2/22/23
              CCW Training - 2/25/23
              Firearms - 3/1/23
              LAPD CCW Approval Call - 3/20/23
              CCW Permit Issued/picked up - 4/11/23

              Comment

              • #8
                stocksnforex
                Junior Member
                • Feb 2019
                • 31

                Originally posted by tomk556
                Honestly, there are far better ways to make money than by trying to flip a dozen handguns.
                The point of this wouldn't be to make any money whatsoever. I'd be selling anything I bought while I was living in a different state for less than I had purchased it for. I'd be losing money on every single sale of a handgun. No profit being made = no need to be a FFL. Unless I've misunderstood something.

                Comment

                • #9
                  stocksnforex
                  Junior Member
                  • Feb 2019
                  • 31

                  Originally posted by Skip_Dog
                  Your last statement is the best and only legal thing in your first post on this forum. Welcome and good luck.
                  Thank you for the welcome. I've had this post sitting in my notes for a couple months, and I've been mulling over how everything could potentially work, and I've come back to the idea of a kickstarter campaign more and more because of the potential for the idea to be one large string of straw purchases.

                  With that said, does anyone know how I would go about crowdsourcing capital for my future collection? I.E. how do I overcome the immediate thoughts of people thinking I'm on some sort of get-rich-quick scheme?

                  Comment

                  • #10
                    psun786
                    Member
                    • Apr 2019
                    • 234

                    lol... You are over complicate things! There are many people holding dual state residency and have been transfer handguns back CA to sell for years. Where do you think all those BNIB off roaster handguns are coming from?

                    Comment

                    • #11
                      stocksnforex
                      Junior Member
                      • Feb 2019
                      • 31

                      Originally posted by psun786
                      lol... You are over complicate things! There are many people holding dual state residency and have been transfer handguns back CA to sell for years. Where do you think all those BNIB off roaster handguns are coming from?
                      That's very interesting to hear. Yes that is something I've always wondered about.. I didn't know one could be a "resident" of two states, only that you could own homes or businesses in different places, but I'd always assumed one would have to name one place as their primary residency. How does the process of purchasing a handgun work for these people with dual state residencies?

                      Comment

                      • #12
                        SkyHawk
                        I need a LIFE!!
                        • Sep 2012
                        • 23349

                        Go read up on Residency laws. Find out what it takes for CA to not consider you a resident. You have to sever **all** ties with CA. No professional licenses, no residential property, no taking a state income tax deduction, and more.

                        It does not matter that you can establish residency somewhere else - that is SIMPLE. What matters and what is not so simple, is CA *not* considering you a resident. Because this is what CA says about residents bringing back firearms they acquire out of state - this law was specifically passed to deal with dual-residents.

                        PC27585
                        http://leginfo.legislature.ca.gov/fa...ctionNum=27585.

                        (a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
                        And guess what, it is a felony if you violate that PC and bring back a handgun.
                        Last edited by SkyHawk; 06-24-2019, 4:56 PM.
                        Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                        Comment

                        • #13
                          P5Ret
                          Calguns Addict
                          • Oct 2010
                          • 6309

                          Originally posted by psun786
                          lol... You are over complicate things! There are many people holding dual state residency and have been transfer handguns back CA to sell for years. Where do you think all those BNIB off roaster handguns are coming from?
                          Care to explain to all of us how that works? ATF does not recognize dual residency for firearm purchases, and Ca has a law on the book's that make's it a felony for a resident to obtain a handgun in another state and bring it back to CA without going through a dealer. Where the roster would apply. See 27585 PC.

                          Comment

                          • #14
                            stocksnforex
                            Junior Member
                            • Feb 2019
                            • 31

                            Originally posted by SkyHawk
                            Go read up on Residency laws. Find out what it takes for CA to not consider you a resident. You have to sever **all** ties with CA. No professional licenses, no residential property, no taking a state income tax deduction, and more.

                            It does not matter that you can establish residency somewhere else. That is SIMPLE. What matters is CA *not* considering you a resident. Because this is what CA says about residents bringing back firearms they acquire out of state - this law was specifically passed to deal with dual-residents.

                            PC27585
                            http://leginfo.legislature.ca.gov/fa...ctionNum=27585.



                            And guess what, it is a felony if you violate that PC and bring back a handgun.
                            From the law you quoted, it seems as though the only thing a dual resident would need to do would be to ship their handgun purchase to their local FFL instead of bringing it straight home. How does this "deal with dual-residents"?

                            Comment

                            • #15
                              code_blue
                              Veteran Member
                              • Sep 2012
                              • 3452

                              Classifieds:

                              Radian & Aero Pistol lowers, Folsom

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