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  • moooboy
    Member
    • Sep 2010
    • 320

    hypothetical question non roster

    I have a question of a hypothetical handgun transfer
    If you ordered a handgun off GB or other source from a calif private seller, It arrives at your ffl dealer and it turns out to be non roster but not illegal. Whats happens? Can you still dros it? what do you do if its already paid for? do you have to send it back even if you cant? would you have to sell it out of state?
    Just trying to understand calif policies
    thanks
  • #2
    Sturnovik
    Veteran Member
    • Feb 2010
    • 2937

    Originally posted by moooboy
    I have a question of a hypothetical handgun transfer
    If you ordered a handgun off GB or other source from a calif private seller, It arrives at your ffl dealer and it turns out to be non roster but not illegal. Whats happens? Can you still dros it? what do you do if its already paid for? do you have to send it back even if you cant? would you have to sell it out of state?
    Just trying to understand calif policies
    thanks
    The only ways around the list is, SSE (single shot exemption), LEO amongst other things, and PPT. What your saying would imply you bought something off roster through a PPT, gunbroker. Thats a loophole so to speak. Unless your FFL isnt taking it because its out of state or something.
    Last edited by Sturnovik; 11-13-2011, 10:11 AM.

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    • #3
      ap3572001
      Calguns Addict
      • Jun 2007
      • 6039

      Its an interesting one......

      Your FFL dealer brings it from out of state for You and its not on the roster.

      I can see it happening.

      From what I understand ( I might be wrong) a handgun that is already in the state can be transfered from one private party to another anytime.

      Please correct me if I am wrong.

      Comment

      • #4
        zfields
        CGN Contributor
        • Aug 2010
        • 13658

        Originally posted by ap3572001
        Its an interesting one......

        Your FFL dealer brings it from out of state for You and its not on the roster.

        I can see it happening.

        From what I understand ( I might be wrong) a handgun that is already in the state can be transfered from one private party to another anytime.

        Please correct me if I am wrong.
        The transfer isn't complete. It has to be either sent back or sold to an exempt person from how it has been explained to be by an FFL.
        Sandstorm Custom Rifle Slings : Custom Paracord slings

        10% off slings for calguns members. PM for details. Like us on facebook!

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        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44652

          A handgun that is already owned by a California resident may be transferred to another California resident.

          In the case offered, the CA FFL could not transfer an off Roster handgun to a non-Roster-exempt person.

          He'd send it back, or if that somehow were not possible, keep it and sell it to an exempt person.

          That's among the reasons an FFL might like to receive guns shipped from another FFL - at least there would be someplace to send it back to.
          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!

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          • #6
            Sturnovik
            Veteran Member
            • Feb 2010
            • 2937

            Originally posted by zfields
            The transfer isn't complete. It has to be either sent back or sold to an exempt person from how it has been explained to be by an FFL.
            True, although I thought as long as it originated from a Private party as opposed to an FFL selling a new gun to him that was off roster, that he was ok?

            Comment

            • #7
              keenkeen
              Calguns Addict
              • May 2011
              • 6782

              Originally posted by Sturnovik
              True, although I thought as long as it originated from a Private party as opposed to an FFL selling a new gun to him that was off roster, that he was ok?
              A handgun that is already owned by a California resident may be transferred to another California resident via PPT
              "But far more numerous was the herd of such, Who think too little and who talk too much." -John Dryden

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              • #8
                Sturnovik
                Veteran Member
                • Feb 2010
                • 2937

                Originally posted by keenkeen
                A handgun that is already owned by a California resident may be transferred to another California resident via PPT
                I know, I thought he said he got it through Gunbroker and assumed it was out of state.

                I love that PPT works that way

                Comment

                • #9
                  zfields
                  CGN Contributor
                  • Aug 2010
                  • 13658

                  Originally posted by Sturnovik
                  True, although I thought as long as it originated from a Private party as opposed to an FFL selling a new gun to him that was off roster, that he was ok?
                  like the post above me, if its a CA resident, opposed to importing it from out of state.
                  Sandstorm Custom Rifle Slings : Custom Paracord slings

                  10% off slings for calguns members. PM for details. Like us on facebook!

                  Comment

                  • #10
                    ap3572001
                    Calguns Addict
                    • Jun 2007
                    • 6039

                    I have a good one here . ( Just for fun

                    Lets say, some handgun (on roster,off roster) is found in Ca.
                    (It has a clean serial number. Not stolen anywhere . Not wanted anywhere. )

                    Can any Ca. resident PPT it to another Ca. resident?

                    True ? or False?

                    Comment

                    • #11
                      moooboy
                      Member
                      • Sep 2010
                      • 320

                      thanks everyone
                      for the sake of argument, Let's say the gun is a different finish than the roster says, but the same firearm. Its still not on the roster. You cant return it. I had this happen but stopped it when i found it was wrong before it came to my dealer. Im just wondering what WOULD have happened. This was a gun from a calif res to a calif resident. No way to PPT from distance

                      thanks
                      Last edited by moooboy; 11-13-2011, 10:33 AM.

                      Comment

                      • #12
                        Serafino
                        Junior Member
                        • Jan 2011
                        • 79

                        Just to underscore what hasn't been underscored here: PPT means face-to-face. That's why the original scenario won't work.

                        Comment

                        • #13
                          VTX
                          Member
                          • Feb 2011
                          • 401

                          Originally posted by Serafino
                          Just to underscore what hasn't been underscored here: PPT means face-to-face. That's why the original scenario won't work.
                          yes but that doesn't say what would happen with said firearm, we know it has to be FTF
                          ''Life's tough, pilgrim, and it's even tougher if you're stupid.''

                          -- John Wayne

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                          • #14
                            billybob_jcv
                            Senior Member
                            • Jul 2011
                            • 1507

                            Originally posted by moooboy
                            thanks everyone
                            for the sake of argument, Let's say the gun is a different finish than the roster says, but the same firearm. Its still not on the roster. You cant return it. I had this happen but stopped it when i found it was wrong before it came to my dealer. Im just wondering what WOULD have happened. This was a gun from a calif res to a calif resident. No way to PPT from distance

                            thanks
                            If the FFL is following the letter of the law, they will not release the off-roster gun to you. You say "can't return it" - but the only options are to return it and you get your money refunded, or the FFL keeps it for sale to an authorized buyer on your behalf. I'm having a hard time understanding why you and the seller couldn't have figured out a way to PPT in-person. You are in the same state - not different planets...

                            It is an utter travesty that finish is a criteria for determining roster status. There is absolutely no reason finish, barrel length, fixed/adjustable sights, grip type or other non-action related aspects should be used for criteria in determining what constitutes a "safe handgun".

                            The roster fails every "reasonable person" test...
                            He who exercises no forethought but makes light of his opponents is sure to be captured by them.
                            -Sun Tzu, The Art of War

                            I say thank God for government waste. If government is doing bad things, it's only the waste that prevents the harm from being greater.
                            -Milton Friedman

                            What kind of government do you guys got here? This is worse than California.
                            -Woody Allen, Sleepers

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                            • #15
                              Quiet
                              retired Goon
                              • Mar 2007
                              • 30242

                              If it can't be returned, then...
                              ... the buyer sells it to a exempt person (CA LEO), who then does the transfer at the CA FFL dealer.
                              ... the buyer sells it to someone out-of-state and pays the CA FFL dealer to ship it the new buyer's out-of-state FFL dealer.
                              ... the buyer sells it to the CA FFL dealer, who then keeps it for sell to exempt persons (CA LEOs).
                              sigpic

                              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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