Wheel gun legality question

[nn3453]

Sounds real interesting, the CADOJ and the BATFE would really be interested as this would throw up all the straw purchase flags.

The ATF would be interested, but not for the reason you stated. They will likely charge the seller with "dealing without a license," which they can at their discretion. The law is deliberately vague on what this means, but buying (especially multiple) firearms explicitly with the intent to sell likely constitutes "a business," which is what the ATF is set up to regulate.

[littlejake]

Utilization of a legal loophole is not a crime, hence when two people get together to utilize a legal loophole there can never be a conspiracy.

Agreed. But a prosecutor can convince a jury that a conspiracy exists even when there was no actual underlying crime. I would not want to be the one to bet my liberty on it.

Let us take a lesson from the UOC folks. UOC has been legal for many decades. It existed before there was a prohibition on LOC. I would argue that UOC is not a loophole. But, as soon as UOC became a publicized issue, it was called a loophole and Saldana introduced legislation to "plug" it.

Creating a website to put people together to get off-roster guns would quickly draw the same response from the legislature.

Can we agree that it is a bad idea?

[Rekrab]

Actually the issue would be unlicensed importation of handguns as I understand it. If someone brings them in to the state with the intent to sell that person has become a importer of firearms, and an unlicensed one at that.

[nn3453]

Actually the issue would be unlicensed importation of handguns as I understand it. If someone brings them in to the state with the intent to sell that person has become a importer of firearms, and an unlicensed one at that.

That's is maybe what CA will charge the guy with. The ATF will probably try to get them for dealing without a license, since the ATF does not care about state laws directly.