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  • emc002
    Senior Member
    • Jul 2007
    • 2331

    CA Gunbroker Sellers

    Ok, I must be missing something.

    Why would someone selling a handgun on Gunbroker specifically EXCLUDE CA buyers?
    I've asked a couple major sellers (kcdpd - Costa Mesa, RFA47 - Monterey), why they specifically state no CA buyers, but have never received a reply.
    I'm presuming there's a good reason, I just can figure out what it is.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." - William F. Buckley, Jr.

    "I point out the obvious because if I belabor the subtle it only leaves people slack-jawed and drooling." - Bill Heavey
  • #2
    PatriotnMore
    Calguns Addict
    • Nov 2007
    • 7068

    Is the gun on the CA DOJ approved list?
    ‎"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions."
    --James Madison
    'Letter to Edmund Pendleton', 1792

    Comment

    • #3
      mymonkeyman
      Senior Member
      • Jan 2008
      • 1049

      If it's off-roster, not C&R, and it's in dealer inventory (as opposed to consignment), then it would be illegal to sell to CA residents except LEOs. Otherwise, probably the general hassle of the roster to the FFL outweighs the benefit of selling to CA residents.
      The above does not constitute legal advice. I am not your lawyer.

      "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

      Comment

      • #4
        emc002
        Senior Member
        • Jul 2007
        • 2331

        Originally posted by PatriotnMore
        Is the gun on the CA DOJ approved list?
        Doesn't matter.
        If they're in CA, they can transfer it within CA without it being on the DOJ by doing a long distance PPT.
        The DOJ list only applies to importation into the state.
        (Search all the threads about the LEO exemption/straw man purchases/etc. to see all the pertinent PC.)

        Originally posted by mymonkeyman
        If it's off-roster, not C&R, and it's in dealer inventory (as opposed to consignment), then it would be illegal to sell to CA residents except LEOs. Otherwise, probably the general hassle of the roster to the FFL outweighs the benefit of selling to CA residents.
        These are off roster older (Ruger Single Six, Ruger Bearcat, Browning 1911) guns, not C&R though.
        You may have a point about dealer inventory versus consignment. *EDIT* Randall explains it below.
        Last edited by emc002; 04-29-2008, 5:34 PM.
        "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." - William F. Buckley, Jr.

        "I point out the obvious because if I belabor the subtle it only leaves people slack-jawed and drooling." - Bill Heavey

        Comment

        • #5
          ar15barrels
          I need a LIFE!!
          • Jan 2006
          • 57122

          Originally posted by emc002
          Ok, I must be missing something.

          Why would someone selling a handgun on Gunbroker specifically EXCLUDE CA buyers?
          I've asked a couple major sellers (kcdpd - Costa Mesa, RFA47 - Monterey), why they specifically state no CA buyers, but have never received a reply.
          I'm presuming there's a good reason, I just can figure out what it is.
          These sellers are FFL holders who have purchased the guns for resale.
          An FFL can not sell guns that are not on the approved list.

          If the FFL were to take them on consignment and private party transfer them after they sold, the roster can be avoided.
          Of course this only works for local sales.
          Randall Rausch

          AR work: www.ar15barrels.com
          Bolt actions: www.700barrels.com
          Foreign Semi Autos: www.akbarrels.com
          Barrel, sight and trigger work on most pistols and shotguns.
          Most work performed while-you-wait.

          Comment

          • #6
            emc002
            Senior Member
            • Jul 2007
            • 2331

            Originally posted by ar15barrels
            If the FFL were to take them on consignment and private party transfer them after they sold, the roster can be avoided.
            Of course this only works for local sales.
            Then how do gun show sales work when neither you nor the FFL live in the same area and he ships it to your FFL to complete the transaction?
            "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." - William F. Buckley, Jr.

            "I point out the obvious because if I belabor the subtle it only leaves people slack-jawed and drooling." - Bill Heavey

            Comment

            • #7
              mymonkeyman
              Senior Member
              • Jan 2008
              • 1049

              Originally posted by emc002
              Then how do gun show sales work when neither you nor the FFL live in the same area and he ships it to your FFL to complete the transaction?
              They click the little box on the computer program that says "gun show" sale and they do half of the paperwork at one FFL and half at the other FFL. Gun show sales dont' get around the roster though unless they are consignment sales (i.e. once a non-roster gun has entered the dealer's inventory, it can't be sold to a non-LEO in California).
              The above does not constitute legal advice. I am not your lawyer.

              "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

              Comment

              • #8
                fun2none
                Member
                • Oct 2005
                • 402

                Originally posted by mymonkeyman
                They click the little box on the computer program that says "gun show" sale and they do half of the paperwork at one FFL and half at the other FFL. Gun show sales dont' get around the roster though unless they are consignment sales (i.e. once a non-roster gun has entered the dealer's inventory, it can't be sold to a non-LEO in California).
                Doesn't the transaction have to be performed at an actual "gun show"?

                Is there even a legal definition of what is considered a gun show?

                Comment

                • #9
                  The SoCal Gunner
                  Veteran Member
                  • May 2006
                  • 3319

                  They don't want to deal with people in person aside from the people they are buying from.

                  All they have to do is ship the firearm out of state.

                  This is a response I received from DOJ when I asked them about FFLs not selling CA rostered guns to CA residents.

                  Mr. XX,

                  This is in response to your recent correspondence to the Bureau of Firearms, regarding the legalities surrounding dealers refusing to sell certain types of firearms. How a dealer chooses to utilize his or her licensure is their choice. If they choose not to engage in retail sales of hand guns, they certainly don't have to. Likewise, if a dealer is not open to the public, that is their own choice as well. However, any dealer that does sell retail handguns to the public must be fully licensed, and cannot refuse a private party transfer.

                  I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.

                  Sincerely,

                  Brent George
                  Staff Services Analyst
                  California Department of Justice
                  Bureau of Firearms
                  Training, Information, and Compliance Section

                  (916) 263 - 4868

                  Comment

                  • #10
                    The SoCal Gunner
                    Veteran Member
                    • May 2006
                    • 3319

                    Not sure if the guy understood me correctly as his answer is still a bit vague. I don't know if he meant that a FFL dealer who has handguns in his inventory does not need to sell them to the CA public or that a FFL dealer does not need to have handguns as part of his inventory therefore not needing to sell handguns.

                    Comment

                    • #11
                      MKE
                      Senior Member
                      • Nov 2007
                      • 563

                      I've seen a couple before on GB and from what I gather, it's due to the high capacity magazines they're selling with the gun. I've also asked some sellers if they would sell just the gun minus the high capacity magazines, and most prefer to sell as a package.

                      A lot of the sellers are private party individuals using their local FFL to ship their guns.

                      Comment

                      • #12
                        hawk1
                        In Memoriam
                        • Dec 2005
                        • 7555

                        If a handgun that is not on the roster is taken in and recorded as "dealer inventory" it cannot be sold in the state. If a buyer sells a gun not on the roster to a firearms dealer it cannot be sold in the state. If a dealer takes a gun in on trade that is not on the roster it cannot be sold in the state. You get the point.

                        I better make the point this has only to do with those buyers that are not exempt.
                        Last edited by hawk1; 04-29-2008, 7:05 PM.
                        sigpicNRA LIFE MEMBER

                        Comment

                        • #13
                          The SoCal Gunner
                          Veteran Member
                          • May 2006
                          • 3319

                          Originally posted by hawk1
                          If a handgun that is not on the roster is taken in and recorded as "dealer inventory" it cannot be sold in the state. If a buyer sells a gun not on the roster to a firearms dealer it cannot be sold in the state. If a dealer takes a gun in on trade that is not on the roster it cannot be sold in the state. You get the point.

                          I better make the point this has only to do with those buyers that are not exempt.
                          I don't think this is the point the OP is brining up. The dealers he mentioned will not sell any CA rostered guns to CA residents. I've seen them list plenty of guns that are on the CA roster and do not want to sell to CA residents.

                          Comment

                          • #14
                            dfletcher
                            I need a LIFE!!
                            • Dec 2006
                            • 14787

                            Originally posted by MKE
                            I've seen a couple before on GB and from what I gather, it's due to the high capacity magazines they're selling with the gun. I've also asked some sellers if they would sell just the gun minus the high capacity magazines and most prefer to sell as a package.

                            A lot of the sellers are private party individuals using their local FFL to ship their guns.
                            I've not had a problem with a seller not completing the deal just because a hi cap mag was involved, handgun or rifle. I contact them ahead of time & just tell them to be certain to not send the mag, they can keep it, sell it or toss it. Some are more diligent than others.
                            GOA Member & SAF Life Member

                            Comment

                            • #15
                              allenst65
                              Member
                              • Nov 2005
                              • 343

                              Since these sellers obviously enjoy brisk sales (albeit funneling nice guns out of CA) we should return the favor and seek them out for all of our PPT needs. It's part of their license afterall, so I'm sure they'd be more than willing to comply.

                              Comment

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