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purchase rifle out of CA

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  • 45_acp
    Member
    • Apr 2009
    • 402

    purchase rifle out of CA

    Can you purchase a CA legal rifle out of state at a gun show and would it need to be declared or registered once your back home in CA.
  • #2
    SnipeShot
    Member
    • Jun 2008
    • 356

    I would say NO. I thought out of resident visitors could not purchase a gun unless in their home state. In which case I could have had a field day when I was in VA!!!
    Last edited by SnipeShot; 06-04-2009, 1:49 AM.

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    • #3
      O8SERVER
      Member
      • Apr 2009
      • 132

      You'll need proof of residence in that state I believe...

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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by 45_acp
        Can you purchase a CA legal rifle out of state at a gun show and would it need to be declared or registered once your back home in CA.
        You can purchase a firearm out-of-state, but you can not take possession of it. It will need to be shipped to a CA FFL dealer.

        In regards to out-of-state purchases of rifles/shotguns by a CA resident...
        Fedeal laws [18 USC 922(a)(3) & 18 USC 922(a)(5)] prohibit the private party transfers of firearms between non-licensed persons that reside in different states, unless it is facilitated by a FFL dealer in the buyer's state of residence.
        Federal law [18 USC 922(b)(3)] says when buying from a FFL dealer, the sale must comply with the laws of the state you are buying the firearm in and with CA law.
        CA law [PC 12070(a)] says the firearm needs to be transfered through a CA FFL dealer.




        US Code Title 18 Part 1 Chapter 44 Section 922
        (a) It shall be unlawful—
        (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
        (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
        (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
        (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
        (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
        (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

        CA Penal Code 12070
        (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor.
        Last edited by Quiet; 06-06-2009, 2:45 AM.
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        "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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