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SPAS 12 in California

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  • rusty762
    Junior Member
    • Dec 2007
    • 35

    SPAS 12 in California

    Hey Guys,

    I have a Franchi Spas 12 I bought new before the Clinton assault ban went down. I was forced to register it or lose it, the gun is in great condition and has less than 75 rounds through it. I want to sell it, anyone know if I can sell it legally in Ca? Or any state? I seem to remember a clause with the ban stating all registered firearms could not be sold.
  • #2
    97F1504RAD
    Calguns Addict
    • Dec 2008
    • 6318

    You cannot sell it in this state unless you are selling it and shipping it to someone out of state and then if I recall correctly it will have to go through a FFL who has a assault weapon permit.

    Comment

    • #3
      Saigon1965
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Nov 2003
      • 17278

      I concur - Have to sell it out of state via an assault weapon dealer -

      Comment

      • #4
        xenophobe
        In Memoriam
        • Jan 2006
        • 7069

        That was banned by Roberti-Roos in 1989 and not by the Clinton Ban.

        You would need to either sell it to someone out of state and ship it through a licensed FFL with a California Assault Weapons Permit, sell it to that FFL with AWP or to physically drive it out of state and sell it to someone out of state.

        Comment

        • #5
          Gregchico
          Vendor/Retailer
          • Dec 2006
          • 2377

          You can also take it to an out of state gun show and sell it through an FFL there. You will need to get a copy of the 4473 or some other kind of proof that it was transfered, as well as a special form that you can download on the DOJ sight.
          You also can send it out of state through a AW FFL.

          I wanted to sell my Tec10 and that was the DOJ told me....

          Comment

          • #6
            xenophobe
            In Memoriam
            • Jan 2006
            • 7069

            Originally posted by Gregchico
            You can also take it to an out of state gun show and sell it through an FFL there. You will need to get a copy of the 4473 or some other kind of proof that it was transfered, as well as a special form that you can download on the DOJ sight.
            You also can send it out of state through a AW FFL.

            I wanted to sell my Tec10 and that was the DOJ told me....
            You actually don't even need to prove it was sold. CADOJ would like for you to do so, but there is no requirement. At any time you may fill out a form to remove it from the registry. All you need to do is send a formal letter and state that it is no longer in your possession and it has been removed from the state.

            Comment

            • #7
              TangoCharlie
              Member
              • Jun 2009
              • 348

              As stated above, you'll need to use a CA FFL with DOJ AW permit in order to sell this gun. Get ready for a headache...

              It's not uncommon for DOJ AW permit holders to charge you exorbitant fees for this outbound AW transfer service. My local AW FFL wanted $200 plus shipping for the same situation.

              They may also simply turn you away entirely. The DOJ AW permit fee that the FFL is charged each year is based on the previous year's usage. The more they transfer using the permit, the more their next year's fee will cost, so they routinely turn away small, unprofitable AW transactions like this in order to keep their transfer numbers -and DOJ fees- low.

              No joke, it's actually cheaper, faster, better to drive across the OR, NV or AZ border, find the nearest post office and ship your gun from there.

              Comment

              • #8
                bollero
                Senior Member
                • Sep 2009
                • 1039

                u can always go to a out of state gun show and sell it face to face sell .. thought i saw it somewhere that it was legal..

                Comment

                • #9
                  Philthy
                  Member
                  • Mar 2007
                  • 480

                  Originally posted by Gregchico
                  You can also take it to an out of state gun show and sell it through an FFL there. You will need to get a copy of the 4473 or some other kind of proof that it was transfered, as well as a special form that you can download on the DOJ sight.
                  You also can send it out of state through a AW FFL.

                  I wanted to sell my Tec10 and that was the DOJ told me....
                  sigpic

                  Comment

                  • #10
                    mmrx2
                    Member
                    • Apr 2008
                    • 386

                    Don't sell it, spas12 are awesome.

                    Comment

                    • #11
                      xenophobe
                      In Memoriam
                      • Jan 2006
                      • 7069

                      You can drive it in and out of the state as long as it is registered to you.

                      Comment

                      • #12
                        santamonica9
                        In Memoriam
                        • Mar 2009
                        • 1475

                        Originally posted by mmrx2
                        Don't sell it, spas12 are awesome.
                        + 1 100% keep it!!
                        I mainly shoot .22lr, 9mm,45 acp, 357 & 38, 12G, 7.62x39, .308, .223/556, 7.62x54r, 300 win mag, 8x57
                        God Bless USA

                        Comment

                        • #13
                          Spyder
                          CGN Contributor
                          • Mar 2008
                          • 17202

                          Originally posted by bollero
                          u can always go to a out of state gun show and sell it face to face sell .. thought i saw it somewhere that it was legal..
                          Please don't do this.

                          Comment

                          • #14
                            Quiet
                            retired Goon
                            • Mar 2007
                            • 30242

                            Originally posted by bollero
                            u can always go to a out of state gun show and sell it face to face sell .. thought i saw it somewhere that it was legal..
                            You are 100% incorrect.

                            Doing this would violate FEDERAL laws.
                            Federal felony for the seller. [18 USC 922(a)(5)]
                            Federal felony for the buyer. [18 USC 922(a)(3)]

                            For over 40 years, it has been illegal for residents of different states to transfer firearms without the use of a FFL.
                            sigpic

                            "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).

                            Comment

                            • #15
                              zushikikato
                              Senior Member
                              • Nov 2009
                              • 1268

                              Or you can adopt me as a son and then transfer the shotgun to me. =)
                              Is that okay with you?.... Father?

                              Comment

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