"off roster" question...

[daspag]

I know I'll probably get drilled for asking a dumb question, but I wanna know! I notice while browsing through the Private Firearms Sales forum, there are a few postings for "Off Roster" sales. Are these listings referring to firearms not on the CA approved list, and if so, how are members able to complete legit transactions with these certain firearms?

[morrcarr67]

All private party transfers are exempt from the roster.

Roster of Handguns Certified for Sale

Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

[daspag]

thanks...

[Quip]

SSE is also another way. Single Shot Exemption.

[ap3572001]

Any handgun that ( Off roster or not ) that is ALREADY in Ca , in possession of a CA resident , can be PPT'd to another Ca resident.

[SMR510]

Any handgun that ( Off roster or not ) that is ALREADY in Ca , in possession of a CA resident , can be PPT'd to another Ca resident.

Exactly, the original owner could have bought it from LEO (or is LEO), could have brought it in when they moved here, could have been gifted the pistol from his father or mother or son or daughter.

[ap3572001]

Exactly, the original owner could have bought it from LEO (or is LEO), could have brought it in when they moved here, could have been gifted the pistol from his father or mother or son or daughter.

If the handgun in question is not stolen and is legal to OWN in Ca, ANYONE who can own a handgun cat PPT it to another person who can own a handgun.

Its really simple. ( Both Ca residents)

Just to make my point I will make up an example.

If someones uncle from Oregon comes to visit them in Ca and leaves a handgun with them,and that handgun is not reported lost or stolen and its legal to own in Ca, they can PPT it to another Ca resident.

Correct me if I am wrong please.

[morrcarr67]

If the handgun in question is not stolen and is legal to OWN in Ca, ANYONE who can own a handgun cat PPT it to another person who can own a handgun.

Its really simple. ( Both Ca residents)

Just to make my point I will make up an example.

If someones uncle from Oregon comes to visit them in Ca and leaves a handgun with them,and that handgun is not reported lost or stolen and its legal to own in Ca, they can PPT it to another Ca resident.

Correct me if I am wrong please.

You're wrong. What you just recommended is a Federal Felony and will land you in a Federal Pen for up to 5 years.

When Uncle left the gun in CA with Nephew he just did an illegal Interstate Transfer.

[ap3572001]

You're wrong. What you just recommended is a Federal Felony and will land you in a Federal Pen for up to 5 years.

When Uncle left the gun in CA with Nephew he just did an illegal Interstate Transfer.

Number one.

Did You read what I wrote???? You did not.

I said " Making example just to make a point"

Number two.

The point to make was that if a pistol (not stolen and legal to own
made its way into Ca and is in POSESSION of a Ca resident (that has a RIGHT to own it ) that resident can go to an FFL and PPT that handgun to another Ca resident (who also can own firearms) w/o any issues.

Understand?

[Quiet]

Just to make my point I will make up an example.

If someones uncle from Oregon comes to visit them in Ca and leaves a handgun with them,and that handgun is not reported lost or stolen and its legal to own in Ca, they can PPT it to another Ca resident.

Correct me if I am wrong please.

"Uncle" committed a Federal felony by leaving the firearm with "Them". [18 USC 922 (a)(5)]
"Them" committed a Federal felony by taking possession/ownership of the firearm from their "Uncle". [18 USC 922 (a)(3)]

Since both parties are residents of different states, Federal laws (since 1968) require the transfer of the firearm to be done through a FFL dealer in the recipient's state of residence.

In order to comply with Federal laws, the firearm must be transferred through a CA FFL dealer.
If the firearm is a handgun, the handgun must comply with CA's dangerous weapons (AW/SBR/SBS/etc) laws and must be on the Roster of Handguns Certified for Sale or be transferred via LEO sale exemption or single-shot pistol/single-action revolver exemption. Because it's an "uncle", the transfer does not qualify for the out-of-state intra-familial exemption and because the "uncle" is a non-resident of CA, the transfer does not qualify for the private party transfer exemption.

[SMR510]

There is no California law governing transfers from other states, there are however Federal laws prohibiting state to state transfers that do not go through a FFL.

The roster can not be bypassed by a transfer between Uncle/Aunt and Niece/Nephew anyways, cant go sideways only up and down the family tree.

[LBDamned]

Number one.

Did You read what I wrote???? You did not.

I said " Making example just to make a point"

Number two.

The point to make was that if a pistol (not stolen and legal to own
made its way into Ca and is in POSESSION of a Ca resident (that has a RIGHT to own it ) that resident can go to an FFL and PPT that handgun to another Ca resident (who also can own firearms) w/o any issues.

Understand?

dude, in your post you said "correct me if I'm wrong"... he corrected you. What's the problem?

[rromeo]

ap357 is correct. Although several people in his example have committed federal felonies, the recipient could sell that handgun to another California resident through a PPT.

[LBDamned]

ap357 is correct. Although several people in his example have committed federal felonies, the recipient could sell that handgun to another California resident through a PPT.

no... the recipient received the gun illegally - what makes it legal for him to now sell it?

The way to have done it would be out of state transfer through FFL (because uncle cannot gift the gun anyway) - then the nephew could sell it in state through PPT.

If someone hands you a gun from out of state - what make you think it's okay to sell it through PPT?

[rromeo]

Okay, it's illegal and you'll all go to jail, but there is nothing in the system that checks how you came into possession of that handgun.