Selling a C&R to non US citizen

[scout II]

Can a non US citizen buy a C&R rifle person to person cash and carry without going through an FFL?I tried to google it,but found nothing for sure that it is or is not O.K.

[7.62x54R]

Dont think so because they could not purchase a firearm from a dealer. You have to be able to legally own firearms

There something about a hunting license and stuff but depends on who you are selling too

[7.62x54R]

All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

[7.62x54R]

If your not sure you can also call the DOJ

http://ag.ca.gov/firearms/contact.php

[scout II]

Thanks 7.62x54R, thats what I was looking for and could not find for some reason.

[Mssr. Eleganté]

Can a non US citizen buy a C&R rifle person to person cash and carry without going through an FFL?I tried to google it,but found nothing for sure that it is or is not O.K.

First of all, to be eligible for cash and carry without going through an FFL in California, the firearm has to be a C&R long gun that is at least 50 years old.

If the non-US citizen has a "green card", meaning they are a permanent resident alien, then yes, they can buy a 50+ year old C&R long gun within California without going through an FFL. If they are a non-immigrant alien (no "green card") then they need to have a valid (unexpired) hunting license or permit lawfully issued by a State in the United States.

[joefrank64k]

All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

You don't need to use a dealer or DROS for rifles over 50 years old or any antique firearms (made prior to 1899) (since antiques are not considered firearms under the law).

As for non-citizens, you can't transfer a C&R rifle if you know or have reasonable cause to believe that the person is UNLAWFULLY or ILLEGALLY in the U.S., exceptions include:

- Admitted to the U.S. for lawful hunting or sporting purposes OR is in possession of a hunting license or permit.

- Official reps of foreign governments/foreign LEO on official business

For 03 FFL's, you need proper ID and verification that they are a resident of the state.

[Sampachi]

Green card holders are okay. Illegal or tourists, no.

[Saigon1965]

Oh absolutely can - I was buying before I became a citizen -

[Dekker]

For these C&R Rifle(over 50 years old) sales, must both unlicensed parties be present face to face or can the sale be conducted through mail?(ie one party mails payment, once received the 2nd party mails firearm). The rules aren't super clear with that part.

[Seesm]

HHmmm I would probably stay away from that sale...

[Bigballaizm]

For these C&R Rifle(over 50 years old) sales, must both unlicensed parties be present face to face or can the sale be conducted through mail?(ie one party mails payment, once received the 2nd party mails firearm). The rules aren't super clear with that part.

Hmmmmmm.... If it was me, I would have to be undoubtable & certain that the buyer was a legal resident (copies of valid ID/resident card) before I shipped it!

[paul0660]

You can do it through the mail. I like a DL copy, utility bill copy, and statement that the buyer isn't in a prohibited class, with those classes itemized. You want to be reasonably sure the person is of age, a California resident, and not a felon, subject of a restraining order, judged mentally defective, or convicted of a gun specific misdemeanor.

[vanhexus]

Just think of this way the 2nd Amendment does not apply to Illegal or tourists person.Cause a USA citizen is something you legally given from the US government not illegally crossing or just come for a visit.Respect our 2nd Amendment..