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I should probably know this, but...

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  • Gutter
    Senior Member
    • Dec 2012
    • 1215

    I should probably know this, but...

    Was thinking of this earlier today, but what's the word on buying a C&R handgun out of state from a non-C&R holding, CA resident. I'm thinking more nay than yay. I haven't read anything specifically against it (nor have I really looked that hard), but if someone could site the PC, I'd like to add it to my folder for future reference.
  • #2
    Drabnor
    Member
    • Jun 2012
    • 360

    Is that a legal transfer in the "out of state" in question? Seems legit to me if so, and you register it when you get back? But I'm not a lawyer so...

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    • #3
      Jimja
      Senior Member
      • Jul 2013
      • 2068

      I would say legal, at least according to federal law:



      "A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector."

      This means that the person can transfer the C&R firearm to you, a licensed C&R collector, out of state. Since the C&R license is federal what state you're from or in doesn't matter (on the federal level)

      There is nothing that says they can't do so in person.

      This is just my personal interpretation though
      Last edited by Jimja; 09-21-2015, 5:50 PM.

      Comment

      • #4
        Gutter
        Senior Member
        • Dec 2012
        • 1215

        That's what I was always aware of. Typically, I only ever do this with out of state residents or other C&Rs, but have never done it with a resident of this state while we were both out of state. Got me thinking if there was some BS provision against that.
        Last edited by Gutter; 09-21-2015, 5:49 PM.

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        • #5
          six seven tango
          CGSSA Associate
          • Jan 2012
          • 1725

          Normally, I'd say that you're good to go. But, being that the seller is also a CA resident, and the transaction is taking place out of state, I think it would be questionable. The state would probably look at it as trying to circumvent state law that says all in state handgun purchases have to go thru a dealer.

          IANAL, just my .02
          sigpic

          When Injustice Becomes Law, Resistance is Duty


          Comment

          • #6
            Bodlfed66
            Member
            • Aug 2012
            • 205

            Not to sound negative here, but I would be amazed if the doj didn't call you immediately after submitting the form. Something so simple has to be against the law.

            Comment

            • #7
              dfletcher
              I need a LIFE!!
              • Dec 2006
              • 14787

              This has come up for me at the Reno show, buying either from an unlicensed CA resident or a CA FFL Dealer. The deal is done out of state and seems to me being physically out of the state of CA is the determining factor. CA law is silent on the deal and so far as I know, laws prescribe what we can not do or must do to comply. If the law is silent it's allowed. Just my take.
              GOA Member & SAF Life Member

              Comment

              • #8
                Gutter
                Senior Member
                • Dec 2012
                • 1215

                Originally posted by dfletcher
                This has come up for me at the Reno show, buying either from an unlicensed CA resident or a CA FFL Dealer. The deal is done out of state and seems to me being physically out of the state of CA is the determining factor. CA law is silent on the deal and so far as I know, laws prescribe what we can not do or must do to comply. If the law is silent it's allowed. Just my take.
                Yeah, that's the context where I can see this issue coming up especially since I'll be headed back in November. Has anyone ever dealt with this first hand and, if so, any negative results? I know on the BOF form you don't actually have to specify whom you did the purchasing from other than "Private Party".

                Comment

                • #9
                  dfletcher
                  I need a LIFE!!
                  • Dec 2006
                  • 14787

                  Originally posted by Gutter
                  Yeah, that's the context where I can see this issue coming up especially since I'll be headed back in November. Has anyone ever dealt with this first hand and, if so, any negative results? I know on the BOF form you don't actually have to specify whom you did the purchasing from other than "Private Party".
                  I've bought a few and never had an issue. Do recall discussing "how does CA know we did this in Reno, not downtown SF?" buying a 1934 Mauser pistol, but having filled out paperwork about 3 years back nothing happened. One CA seller wouldn't do the deal but as is often the case based it on "I don't know but feel it must be wrong". Which is fine, it's his business, only fun for me.
                  GOA Member & SAF Life Member

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