Cal Regs

[Hinnerk]

annoyed,

First off, I am not a licensed C&R collector nor have I applied for a COE (but this is of interest to me in case that should change). I have looked through the Penal Code (not exhaustively) but it appears that the section that the woman from DOJ cited has to do with the format of the electronic report by the dealer. That section pertains to Section 26500 which begins:

26500. (a) No person shall sell, lease, or transfer firearms unless
the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.

It seems to me that the sale and transfer is being done by a dealer who is out of the jurisdiction of California. This section does not specifically address the receipt of a firearm, which is really the issue here, no?

There is an exception for C&Rs but that addresses only the sale of a C&R by a licensed collector and restricts it to a dealer:

26585. Section 26500 does not apply to the delivery of an unloaded
firearm that is a curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, if the delivery
satisfies all of the following conditions:
(a) It is made by a person licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(b) It is made by a person with a current certificate of
eligibility issued pursuant to Section 26710.
(c) It is made to a dealer.

I am not surprised that the DOJ would take the perspective that California laws apply to the entire universe, but it doesn't sound as if they are citing any part of the code that would preclude this sale.

[annoyed_in_ca]

Hinnerk,

Thanks for the input. I read over the section she cited too and that seemed to not fit her explanation either. I called back and I was told point blank that a C&R with a COE cannot have any c&r items mailed directly to them from someone out of state. Period. All out of state c&r mailed transactions must go thru a dealer. This is incorrect right?

[81turbota]

C&R long guns that are CA compliant can be shipped to you directly with C&R+COE. All handguns must go through a dealer.

[sourdiesel]

https://oag.ca.gov/firearms/pubfaqs#7

[spy-d]

This is a quick question.
It is June, 2015. A fellow has a 1946 .303 British Mk 4 to sell.
I have not commuted to buy it... Yet.
Can we do a PPT or should I go through a FFL dealer?

Thank you

[six seven tango]

This is a quick question.
It is June, 2015. A fellow has a 1946 .303 British Mk 4 to sell.
I have not commuted to buy it... Yet.
Can we do a PPT or should I go through a FFL dealer?

Thank you

If the buyer has an FFL 03 and a COE, then it can be face to face, and the buyer files the appropriate form and $19 fee with the state.

If the buyer does not have both an FFL 03 and COE then the sale must be completed as a PPT thru your local dealer.

[spy-d]

Thanks. It's off to the gun shop I go.

[spy-d]

Ok, just to be clear, as of ????? ALL FIREARMS regardless of age has to go through a dealer, unless you have a collectors permit issued by the Calif DOJ.
Is that correct?

[six seven tango]

Ok, just to be clear, as of ????? ALL FIREARMS regardless of age has to go through a dealer, unless you have a collectors permit issued by the Calif DOJ.
Is that correct?

As of 1-1-14, all firearms must go thru a dealer.

Exceptions are, a C&R long gun purchased by a holder of both an FFL 03 and a COE (handguns still have to go thru a dealer), or if the firearm is an antique (1898 or prior).

The "collectors permit" you are referring to is not issued by CA. It is a Federal Firearms License, issued by the BATFE. The only thing issued by CA is the Certificate of Eligibility (COE). All that is, is a fancy name for a background check with a live scan. It is only required in CA. The buyer must have both to purchase C&R long guns in CA without going thru a dealer.

[spy-d]

Fantastic.

[spy-d]

I know this will get me into trouble.

Hey, if all of us gun guys are on the DOJ list of registered gun holders,
And China's hackers get all this intel, two things can happen.
1> china may list this intel on iBay, or
2> use this intel to attack the west coast in an invasion.
After all, they will also know everyone on the doj's gun register.

Sounds far fetch? Well, look what China did this year.

I'm just saying.

[turtlini]

New FFL 03/COE holder here. I just bought a C&R Savage 99 of Gunbroker and there was some computer mix-up with my COE number so the seller called the CA DOJ to verify. They told him the rifle had to ship through an FFL 01. I called them up and they told me the same thing. I referred them to CA P.C. 27966 and was put on hold for a while. The guy came back and said this was a topic of debate and they he'd have to call me back in a few days with clarification. This is absurd! Looking at the code itself there is no ambiguity. What can we do about this bs?
Relevant code section

[supergimp]

Ok, I know this is an old thread and I really hope I'm not flogging a dead horse here, but I am confused about a scenario I haven't found written up here.

I am the holder of both a Type 03 FFL and a California COE. I have done plenty of transfers from out-of-state FFLs and am familiar with BOF 961 (have done plenty of those, I dig the new online system) and BOF 4100A.

So here is the scenario...an IN STATE (another part of CA) seller has a C&R eligible longarm that I would like to purchase. I realize I can do a face-to-face transfer, but that is not possible in this case. Can the seller (who DOES NOT possess an FFL of any type) ship the longarm directly to me and I would file a BOF 4100a?

I am unclear of how IN STATE transfers that involve shipping are handled. I believe that you must ship from an FFL. Is that correct?

Thanks in advance.

[six seven tango]

Ok, I know this is an old thread and I really hope I'm not flogging a dead horse here, but I am confused about a scenario I haven't found written up here.

I am the holder of both a Type 03 FFL and a California COE. I have done plenty of transfers from out-of-state FFLs and am familiar with BOF 961 (have done plenty of those, I dig the new online system) and BOF 4100A.

So here is the scenario...an IN STATE (another part of CA) seller has a C&R eligible longarm that I would like to purchase. I realize I can do a face-to-face transfer, but that is not possible in this case. Can the seller (who DOES NOT possess an FFL of any type) ship the longarm directly to me and I would file a BOF 4100a?

I am unclear of how IN STATE transfers that involve shipping are handled. I believe that you must ship from an FFL. Is that correct?

Thanks in advance.

Long gun can be shipped directly to you. You would file form BOF 961 for in state acquisition.

[SquidBilly]

I have a fairly simple question that I couldn't really find definitively answered in this thread. Having to do with the 50 year rule on long guns.

Say I go to a Nevada gun show, I can buy any 50 year old or older long gun (not nfa of course) and bring it back to California. As long as it's registered within 5 days?

Or does the long gun specifically have to be on the ATF list?

Same question for online purchases?

Basically, where and when do the 50 year rules apply? Where and when do the ATF's list apply?