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  • billstoudt
    Junior Member
    • Nov 2010
    • 46

    off roster purchase

    Hey all i did a search through the forums and i couldn't find the answer i was looking for so i figured i'd just ask.

    i was up in utah visiting my cousin and he has a gun i wanted to buy. its a witness match. so when i got back to the states i dropped by my local gun store and they told me that i cant get that gun here because its "off roster". so i talked to my cousin and he said i can buy his off of him when he comes out here. my question is can i do this legally through an FFL?

    also i have a utah ID so if i bought one out there can i bring it into california.

    man our laws seem so nonsensical.

    thanks in advance.

    Bill
  • #2
    morrcarr67
    I need a LIFE!!
    • Jul 2010
    • 15034

    Don't want to know how or why. But, if you have a Utah ID I would just visit Utah, buy it and when you bring it to California fill out the personal gun importer form from the DOJ's website and call it good.
    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

    Originally posted by Erion929

    Comment

    • #3
      missiondude
      Senior Member
      • May 2008
      • 1646

      OP-

      Do you have parents or grandparents that live out of state? If so, have them give you the gun you want as a gift using the intrafamilar roster exemption.
      sigpicThe right of the people to keep and bear arms shall not be infringed. The original common sense gun law...

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44661

        Originally posted by billstoudt
        Hey all i did a search through the forums and i couldn't find the answer i was looking for so i figured i'd just ask.

        i was up in utah visiting my cousin and he has a gun i wanted to buy. its a witness match. so when i got back to the states i dropped by my local gun store and they told me that i cant get that gun here because its "off roster". so i talked to my cousin and he said i can buy his off of him when he comes out here. my question is can i do this legally through an FFL?

        also i have a utah ID so if i bought one out there can i bring it into california.

        man our laws seem so nonsensical.

        thanks in advance.

        Bill
        If you are a UTAH citizen, you can do in UTAH what is allowed there.

        That's your best avenue.

        Unless you are LEO, a CA FFL is not allowed to transfer to you an off-Roster handgun; you cousin could bring such a gun here, but the transfer in CA MUST go through a CA FFL - both Federal and state law - and so you'd still be stuck.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #5
          TangoCharlie
          Member
          • Jun 2009
          • 348

          Originally posted by morrcarr67
          Don't want to know how or why. But, if you have a Utah ID I would just visit Utah, buy it and when you bring it to California fill out the personal gun importer form from the DOJ's website and call it good.
          The felony answer aside...

          You cannot acquire this gun outside of some very specific channels:

          1) Find one for sale in California by a California resident and do a PPT.

          2) Your out-of-state mother/father/grandmother/grandfather buys it in their state and gifts it to you through an intra-familial transfer.

          3) Intestate transfer (out-of-state owner dies and wills it to you).

          There's no other route that does not involve obtaining legitimate residency in another state.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44661

            Originally posted by TangoCharlie
            The felony answer aside...

            You cannot acquire this gun outside of some very specific channels:

            1) Find one for sale in California by a California resident and do a PPT.

            2) Your out-of-state mother/father/grandmother/grandfather buys it in their state and gifts it to you through an intra-familial transfer.

            3) Intestate transfer (out-of-state owner dies and wills it to you).

            There's no other route that does not involve obtaining legitimate residency in another state.
            OP said "i have a utah ID", so one may presume UT thinks he is a citizen.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              TangoCharlie
              Member
              • Jun 2009
              • 348

              Originally posted by Librarian
              OP said "i have a utah ID", so one may presume UT thinks he is a citizen.
              Missed that. My mistake.

              If he's still a resident, then problem solved.

              Comment

              • #8
                billstoudt
                Junior Member
                • Nov 2010
                • 46

                i dont reside in utah any more but i still have a valid license and property there. so i can buy my gun in utah and bring it here legally?

                do i need to register it here or does it matter?

                Comment

                • #9
                  RRichie09
                  Veteran Member
                  • Apr 2010
                  • 2592

                  Originally posted by billstoudt

                  do i need to register it here or does it matter?
                  Yes, you need to fill out at form and register it. Does anyone know if he needs to switch residency from UT to CA if he were to do this?


                  Edit: Here is the link to the form New Resident Handgun Ownership Report

                  Sounds like you need to officially become a CA resident, so get all of the off roster handgun you want in one shot. However I can't find anything on the website about actually becoming a CA resident so I would research this further. I know the title of the form is "NEW RESIDENT... report" but I don't think common sense ever applies to laws.
                  Last edited by RRichie09; 02-02-2011, 9:53 AM.

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44661

                    Originally posted by billstoudt
                    i dont reside in utah any more but i still have a valid license and property there. so i can buy my gun in utah and bring it here legally?

                    do i need to register it here or does it matter?
                    If you do not have an FFL and you do not reside in Utah any more - and that's principally up to what Utah thinks - you may not buy handguns there. That would violate Federal law.

                    See also the Calguns Foundation Wiki article on
                    Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate
                    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                    Comment

                    • #11
                      morrcarr67
                      I need a LIFE!!
                      • Jul 2010
                      • 15034

                      Originally posted by TangoCharlie
                      Missed that. My mistake.

                      If he's still a resident, then problem solved.
                      That's what I said earlier.
                      Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                      Originally posted by Erion929

                      Comment

                      • #12
                        morrcarr67
                        I need a LIFE!!
                        • Jul 2010
                        • 15034

                        Originally posted by Librarian
                        If you do not have an FFL and you do not reside in Utah any more - and that's principally up to what Utah thinks - you may not buy handguns there. That would violate Federal law.

                        See also the Calguns Foundation Wiki article on
                        Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate
                        What about "Dual Residency" I understand some places; like Arizona, will recognize dual residency?

                        Could you not buy an off list item in your second state and bring it in to this state?
                        Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                        Originally posted by Erion929

                        Comment

                        • #13
                          Saym14
                          Calguns Addict
                          • Jul 2009
                          • 7892

                          Originally posted by TangoCharlie
                          The felony answer aside...

                          You cannot acquire this gun outside of some very specific channels:

                          1) Find one for sale in California by a California resident and do a PPT.

                          2) Your out-of-state mother/father/grandmother/grandfather buys it in their state and gifts it to you through an intra-familial transfer.

                          3) Intestate transfer (out-of-state owner dies and wills it to you).

                          There's no other route that does not involve obtaining legitimate residency in another state.
                          4) another legal way... he resides in UT. buys the gun, he moves to CAL and send in the form here. be he now says he no longer resides there.
                          Last edited by Saym14; 02-02-2011, 12:42 PM.

                          Comment

                          • #14
                            Librarian
                            Admin and Poltergeist
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 44661

                            Originally posted by morrcarr67
                            What about "Dual Residency" I understand some places; like Arizona, will recognize dual residency?

                            Could you not buy an off list item in your second state and bring it in to this state?
                            If he had dual residency, he would live in Utah - but he just posted "i dont reside in utah any more" so it appears dual residency is off the table.
                            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                            Comment

                            • #15
                              stix213
                              AKA: Joe Censored
                              CGN Contributor - Lifetime
                              • Apr 2009
                              • 18998

                              Originally posted by TangoCharlie
                              The felony answer aside...

                              You cannot acquire this gun outside of some very specific channels:

                              1) Find one for sale in California by a California resident and do a PPT.

                              2) Your out-of-state mother/father/grandmother/grandfather buys it in their state and gifts it to you through an intra-familial transfer.

                              3) Intestate transfer (out-of-state owner dies and wills it to you).

                              There's no other route that does not involve obtaining legitimate residency in another state.
                              Assuming you actually do not qualify as a UT resident, and are actually a CA resident, I think #2 above is your best bet if you also have a parent or grand parent out of state. Get one of them to buy the gun for you, and do the transfer. They are exempt from the roster requirement, but your cousin transfering one to you is not exempt.

                              Comment

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