handgun transfer

[maverthicc]

Have anyone of purchased an off roster pistol across state lines? A friend of mine owns a Glock 19 Gen 5 and wants to sell it to me. However, this will take place in North Carolina and would need an FFL to help with the transfer. Has anyone gone through this already? Do any of you know if there are hoops to jump through?

[Milsurp1]

Use the search button. Short answer; no cannot be done legally unless you are sworn LE or the out of state resident is a vertical relative gifting it to you through a CA FFL.

[maverthicc]

Cool. Just wondering if laws were different for private sales VS sales from an FFL/gun store

[Librarian]

Cool. Just wondering if laws were different for private sales VS sales from an FFL/gun store

Not the issue here.

NC resident to CA resident is 'interstate' by Federal law. Therefore, transfer must go through an FFL, and for a handgun, in this case a CA FFL.

Unless you are exempt (LEO), the gun is exempt (C&R), or the transfer itself is exempt (intrafamilial), the CA FFL cannot deliver an off-Roster gun to you.

[Quiet]

Have anyone of purchased an off roster pistol across state lines? A friend of mine owns a Glock 19 Gen 5 and wants to sell it to me. However, this will take place in North Carolina and would need an FFL to help with the transfer. Has anyone gone through this already? Do any of you know if there are hoops to jump through?

Federal laws prohibit the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3)(5)]

Federal laws prohibit a FFL from transferring a firearm to a non-resident of their State. Only exemption to this for Title 1 Rifle and Title 1 Shotgun and the transfer complying with the State laws of the FFL and the non-resident. [18 USC 922(b)(3)]

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

CA laws requires a CA resident to utilize a CA FFL dealer to legally import a firearm that they acquire in another State into CA. [PC 27585(a)]

Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)]

Handguns imported into CA by a CA resident must be listed on the Roster of Handguns Certified for Sale or be exempt from it.

Therefore...

Unless you are legally married to your friend that resides in another State or you are an eligible LEO, any handgun you buy from your friend must be listed on the Roster of Handguns Certified for Sale or be exempt from it (C&R, OTP, SAE, SSE2).

Cool. Just wondering if laws were different for private sales VS sales from an FFL/gun store

PPT of handguns are exempt from needing to be listed on the Roster of Handguns Certified for Sale. [PC 32110(a)]

A PPT is a private party transfer between CA residents that meet at a CA FFL dealer, who facilitates the transfer.
~If the firearm is shipped, then it is not a PPT and considered a type of dealer transfer.
~If one of the parties involved in the transfer is a non-resident of CA, then it is not a PPT and considered a type of dealer transfer.

[Tere_Hanges]

Cool. Just wondering if laws were different for private sales VS sales from an FFL/gun store

By "private sale" you my be referring to a "Private Party Transfer" or "PPT". While PPTs are exempt from the handgun roster, the transaction you are describing is not a PPT because your friend is not a CA resident. PPTs can only be done in person at a CA FFL between two CA residents.

[maverthicc]

Thank you for the information!

[SkyHawk]

It's not happening. We all have friends across state lines - yet there is a reason off roster guns still sell for big $$ here. Think about it...

[ar15barrels]

Cool. Just wondering if laws were different for private sales VS sales from an FFL/gun store

There are no "private sales" of firearms in CA.
All sales have to involve an FFL/gun store.

The rules for transfers between a Non-CA citizen and a CA citizen are the same as from an FFL/gun store because you will have to transfer the gun through an FFL/gun store's inventory under the same process as if they sold you a new gun.
The gun being used does not change anything.
The roster still applies.

The rules are different between two CA citizens though.
The gun coming from another CA resident who meets you at the gun store to do what is called a "private party transfer" is how you can get off-roster handguns because "private party transfers" are exempt of the handgun roster.
Private party transfers are handled differently by the FFL/gun store.