SPAS 12 in California

[Mstnpete]

My advice is to keep it.
I made a mistake of selling my Franchi Law 12 shotgun.
Now I do miss her.

[Quiet]

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

FYI.
RAWs (registered assault weapons) can not be intra-familial gifted or inherited.

[ke6guj]

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..

close. you can't do a dealerless FTF transfer while out of state, but you could find a buyer while out of state and transfer it to him through an FFL. You'd then be able to file an NLIP with CADOJ letting them know you sold it while out of state.

[bollero]

http://en.wikipedia.org/wiki/Gun_shows_in_the_United_States

Presently, 17 states regulate private firearm sales at gun shows. Seven states require background checks on all gun sales at gun shows (California, Rhode Island, Connecticut, Oregon, New York, Illinois and Colorado). Four states (Hawaii, Maryland, New Jersey, and Pennsylvania) require background checks on all handgun, but not long gun, purchasers at gun shows. Five states require individuals to obtain a permit to purchase handguns that involves a background check (Massachusetts, Michigan, North Carolina, Iowa, Nebraska). Certain counties in Florida require background checks on all private sales of handguns at gun shows. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.

[dwtt]

I saw this on WIKI...

http://en.wikipedia.org/wiki/Gun_shows_in_the_United_States

Presently, 17 states regulate private firearm sales at gun shows. Seven states require background checks on all gun sales at gun shows (California, Rhode Island, Connecticut, Oregon, New York, Illinois and Colorado). Four states (Hawaii, Maryland, New Jersey, and Pennsylvania) require background checks on all handgun, but not long gun, purchasers at gun shows. Five states require individuals to obtain a permit to purchase handguns that involves a background check (Massachusetts, Michigan, North Carolina, Iowa, Nebraska). Certain counties in Florida require background checks on all private sales of handguns at gun shows. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.

You must be in your 20's to rely on wikipedia for gun law information. As others have said, the OP cannot cross into another state and sell his gun to a private individual. He can only cross into another state to sell to a FFL, who will promptly resell the SPAS with a small mark up. You should download the federal firearms law, especially GCA 68, and read it.

Contrary to other opinions expressed here, I don't think the SPAS-12 is a good shotgun and I sold mine when the Roos-Roberti AW ban went into effect. It's a front heavy shotgun, with a safety "feature" that put the gun off safe whenever you cycled the action, but needed it in safe to manually open the chamber. There was no need to throw in a manual pump feature to what is essentially a semiauto shotgun when there is no magazine cutoff. The whole idea of having a manual option was to allow a shooter to manually eject the shell in the chamber to load in special round, like when you are shooting slugs in a 3-gun course of fire and need to load in just one birdshot for a frangible target. I replaced the SPAS with a Remington 1100 and was much happier, and I don't regret getting rid of the overweight, unbalanced, impractical SPAS.

[Gregchico]

Nope it is mine and I can take it anywhere I want. It is a RAW to me (or to the OP of course) . I said the transfer would have to be through an FFL.

Correct the form they require does not require a copy of 4473 or paperwork from FFL, if DOJ requires more for some reason (since we are talking about evil guns now), than you have it and don't have to worry about it anymore. Better safe than sorry.

I had 3 calls back and forth with DOJ about this, I recommend the OP call for himself and not take the words of the internet. For what it is worth, they were very pleasant on the phone and returned my 2nd call within 24hrs.

[xenophobe]

Contrary to other opinions expressed here, I don't think the SPAS-12 is a good shotgun and I sold mine when the Roos-Roberti AW ban went into effect. It's a front heavy shotgun, with a safety "feature" that put the gun off safe whenever you cycled the action, but needed it in safe to manually open the chamber. There was no need to throw in a manual pump feature to what is essentially a semiauto shotgun when there is no magazine cutoff. The whole idea of having a manual option was to allow a shooter to manually eject the shell in the chamber to load in special round, like when you are shooting slugs in a 3-gun course of fire and need to load in just one birdshot for a frangible target. I replaced the SPAS with a Remington 1100 and was much happier, and I don't regret getting rid of the overweight, unbalanced, impractical SPAS.

It wasn't really a bad shotgun, a bit rough around the edges until it broke in properly, but yeah, it was pretty much a novelty gun. I used to take mine out shooting clays for fun. I got the strangest looks but very high hit rate. I also sold mine before Roberti-Roos took effect and never regretted it.

[ke6guj]

http://en.wikipedia.org/wiki/Gun_sho..._United_States

Presently, 17 states regulate private firearm sales at gun shows. Seven states require background checks on all gun sales at gun shows (California, Rhode Island, Connecticut, Oregon, New York, Illinois and Colorado). Four states (Hawaii, Maryland, New Jersey, and Pennsylvania) require background checks on all handgun, but not long gun, purchasers at gun shows. Five states require individuals to obtain a permit to purchase handguns that involves a background check (Massachusetts, Michigan, North Carolina, Iowa, Nebraska). Certain counties in Florida require background checks on all private sales of handguns at gun shows. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.

that quote from wikipedia is basically correct. The important part is the part I underlined, INTRAstate sales. If the buyer is from a different state than the buyer, it is an INTERstate sale, even if they are both currently in the same state. private party INTERstate sales must involve an FFL in the mix.

[rusty762]

that quote from wikipedia is basically correct. The important part is the part I underlined, INTRAstate sales. If the buyer is from a different state than the buyer, it is an INTERstate sale, even if they are both currently in the same state. private party INTERstate sales must involve an FFL in the mix.

Thanks for all the input!, this website is an awesome resource and everyone has always been helpful. Looks like the best option right now is to sell it in NV or AZ at a gunshow. Its a great gun and cool collectible but I have too many guns in my safe and need to make some room.

[TheKlawMan]

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

[cmaynes]

slight detour on the conversation- (I wouldnt sell it)

Can a trust be used to do a inter-family transfer if both parties are a part of the trust?

[Masterdebater]

pics? im out of state maybe i can buy it

[TheKlawMan]

that quote from wikipedia is basically correct. The important part is the part I underlined, INTRAstate sales. If the buyer is from a different state than the buyer, it is an INTERstate sale, even if they are both currently in the same state. private party INTERstate sales must involve an FFL in the mix.

There is the rub. Transporting, delivering, and receiving is one thing. As for transfer, read PC 12285 b and ask if it only covers transfers WITHIN THIS STATE, in which case they are limited to an FFL

I am not so sure you have to go out of state to ship it as long as you comply with the buyers state laws AND OF COURSE FEDERAL LAW. Look at the Calfornia Gun Laws Handbook and if you have any doubt contact the DOJ.

[xenophobe]

Sorry, you're kind of confusing me here...

My response was.... "You can drive it in and out of the state as long as it is registered to you." which is correct.

26USC5861 has no purpose in the quote that I repsonded to. I should have said this is meaningless in this context.

Does that make you happy?

There is the rub. Transporting, delivering, and receiving is one thing. As for transfer, read PC 12285 b and ask if it only covers transfers WITHIN THIS STATE, in which case they are limited to an FFL

I am not so sure you have to go out of state to ship it as long as you comply with the buyers state laws AND OF COURSE FEDERAL LAW. Look at the Calfornia Gun Laws Handbook and if you have any doubt contact the DOJ.

If it's a Cat1/2 weapon, you need to ship it through an FFL with AWP or take it out of state and ship it through an FFL.

If it's a Cat3 weapon, you can just remove the features and ship it yourself.

[dwtt]

There is the rub. Transporting, delivering, and receiving is one thing. As for transfer, read PC 12285 b and ask if it only covers transfers WITHIN THIS STATE, in which case they are limited to an FFL

I am not so sure you have to go out of state to ship it as long as you comply with the buyers state laws AND OF COURSE FEDERAL LAW. Look at the Calfornia Gun Laws Handbook and if you have any doubt contact the DOJ.

You have it almost right, but Xeno has it correct above. With respect to the SPAS, the OP has two options:
1. Have a CA FFL with an Assault Weapon Permit send the shotgun to a FFL out of state after he has found an out of state buyer.
2. He can personally transport the shotgun out of CA and sell it to an out of state FFL holder. He can drive his car or bring it on a plane the next time he travels.

He cannot sell it directly to a private individual out of state. He cannot sell it to someone in CA who doesn't have an AWP. He cannot start a trust and transfer it to someone else in the the trust. The two options above are his only options to sell the SPAS, and we already have an interested buyer above.
Asking the DOJ for advice is a very bad idea and I would advise the OP no to do this unless he puts the question in writing and sent with registered mail with return receipt, and accept a written reply only. Even then, the DOJ has a fair chance of being wrong.