Bought A KSG in Texas.

[mr_benster]

I recently was on a business trip to Dallas. I went to a gun store and saw that they had a bunch of KSG's. I immediately bought one since the sales guy said I can buy it even if I am a Cali resident. He also told me that I may be able to send it to myself since its a long gun and its in my name or take it on the plane with me.

So I am planning to take it with me on the plane. The website for the airline says it's okay as long as its in a locked container and I declare it and has to be a checked in.

I called fedex and they say I have to send it to an FFL if though its already registered to me. So I am even more confused.

I just want to make sure that I can do this legally. It would definitely be better if I don't have to go through an FFL. I tried to google this subject but I am getting mixed messages.

If it were a regular Shotgun, I wouldn't be as worried. Since the KSG has room for 15 rounds, I dont know if I am going to just cause issues for myself. I do know the KSG is legal in Cali.

Any advise would be appreciated.

[m16]

You need to read this:

http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

[elSquid]

You need to read this:

http://wiki.calgunsfoundation.org/in...rms_Interstate

Yup.

Illegal for the DEALER

(b)(3) says dealers may not sell to buyers who do not live in the same state as the dealer's business, so in person sales are prohibited, as well as shipment to non-licensed individuals in other states.

Illegal for the private BUYER

(a)(3) tells us that unlicensed individuals may not go to a state where they do not live, buy a gun, take delivery of the gun, and bring it back to the state of residence.

-- Michael

[Quiet]

TX FFL dealer committed a Federal felony in letting you take possession of the shotgun. [18 USC 922(b)(3)]

You committed a Federal felony for taking possession of the firearm in TX. [18 USC 922(a)(3)]


Legally what was suppose to happen...
1. You buy the firearm from the TX FFL dealer. {you pay for firearm and pay for shipping}
2. The TX FFL dealer then ships the firearm to a CA FFL dealer.
3. You then go to the CA FFL dealer. {you pay for transfer and pay for CA use tax}
4. CA FFL dealer transfers (4473/DROS/10 day wait) the firearm to you.
5. After the 10 day wait, you go back to the CA FFL dealer and acquire your firearm.

[mr_benster]

Yup.

Illegal for the DEALER

(b)(3) says dealers may not sell to buyers who do not live in the same state as the dealer's business, so in person sales are prohibited, as well as shipment to non-licensed individuals in other states.

Illegal for the private BUYER

(a)(3) tells us that unlicensed individuals may not go to a state where they do not live, buy a gun, take delivery of the gun, and bring it back to the state of residence.

-- Michael

[ICONIC]

Op delete thread??????

[Quiet]

Im so confused. On the same page you just sent over.
it says this as well.

A person may only acquire a firearm within the person’s own
State, except that he or she may purchase or otherwise acquire
a rifle or shotgun, in person, at a licensee's premises in any
State, provided the sale complies with State laws applicable
in the State of sale and the State where the purchaser
resides.

This tells me that I can do a long gun as long as the gun is also legal to acquire in my own state. Or Am I reading it wrong?

The transfer did not comply with CA state law, which mandates it to be transferred through a CA FFL dealer.

Since, the transfer did not comply with CA's requirement, it was an illegal transfer (Federal felony).


18 USC 922
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

[mr_benster]

Op delete thread??????

Why? I think I have legitimate reason to ask here.

[mr_benster]

Okay fellas, let me explain here. I have not taken possesion of the KSG. I have done the background check and its ready for me to pick up. I have not paid or taken it with me. Thats why Im posting here is to find out since I googled it and I was confused with what I found vs what the salesman was saying.

What I dont understand is why they would have completely allowed me to purchase it if its illegal.

I should have explained it better. Oh well I guess I have to wait for the KSG to surface in Cali.

[fawndog]

Just have them send it to your FFL, they have little paperwork to do.

[m16]

Just have your local FFL in CA fax his license to the dealer in TX, and pay to have it shipped.

When it arrives in CA, go fill out the 4473, wait ten days and it's yours.

[supermanuf]

Typical Calguns... the first few posters were so quick to tell you you did something wrong, but not offer any suggestions how to do it right. As the recent posters have said, find a CA FFL willing to accept the transfer.

[Quiet]

Typical Calguns... the first few posters were so quick to tell you you did something wrong, but not offer any suggestions how to do it right. As the recent posters have said, find a CA FFL willing to accept the transfer.

Post #4 in this thread...

Legally what was suppose to happen...
1. You buy the firearm from the TX FFL dealer. {you pay for firearm and pay for shipping}
2. The TX FFL dealer then ships the firearm to a CA FFL dealer.
3. You then go to the CA FFL dealer. {you pay for transfer and pay for CA use tax}
4. CA FFL dealer transfers (4473/DROS/10 day wait) the firearm to you.
5. After the 10 day wait, you go back to the CA FFL dealer and acquire your firearm.

[elSquid]

Typical Calguns... the first few posters were so quick to tell you you did something wrong, but not offer any suggestions how to do it right. As the recent posters have said, find a CA FFL willing to accept the transfer.

The first post implied that he had taken possession of the shotgun: there is no "undo" of a felony. At that point, further actions are best left unsaid, except for, perhaps, "get a lawyer."

-- Michael

[supermanuf]

Ha. Fair enough.