PPT CA/Non CA Resident

[Matteo4art]

Ok, I am sure this topic has come up VERY often but I figured I would give my exact situation here and see if I can get some help.
I would like to purchase a handgun that is not on the CA roster(shocking) from a friend who currently lives in AZ. He does not have the handgun yet, but is willing to buy it and given the possible circumstance that he ever does not like it, will sell to me. He has residence in AZ currently, and is moving to CA this month. So I am under the assumption that since he has residence in AZ, he can purchase the handgun, and when he moves to CA and obtains his residence here, he can now PPT to me if he wishes. Am I correct? Thanks!

[drifts1]

Correct.

[SkyHawk]

He must have CA ID. And like it or not you just described a straw purchase on a forum known to be monitored by law enforcement. If he answers YES to question 11a on the form 4473 when he buys this handgun, knowing he is going to sell it to you, he commits a federal felony that could land him in prison for 5 years, and see his gun rights lost forever.

Better he should make it a gift, now that the cat is out of the bag so to speak.

Next time just ask a sterile question without the commentary or wink/nod. Good luck...

[prdubi]

the guys not a prohibited person...why is it a straw purchase?....



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[Soginator]

the guys not a prohibited person...why is it a straw purchase?....



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Because you are buying the firearm with the intent to give it to another. There was a case a while back where a LEO bought something off roster and sold it to his buddy, and the buddy was charged with making a straw purchase (although the LEO was not charged at all). The case was eventually won, but still, that is a huge legal nightmare you don't want to deal with. Whether you are prohibited or not does not matter.

[six seven tango]

the guys not a prohibited person...why is it a straw purchase?....

Because you are buying the firearm with the intent to give it to another. There was a case a while back where a LEO bought something off roster and sold it to his buddy, and the buddy was charged with making a straw purchase (although the LEO was not charged at all). The case was eventually won, but still, that is a huge legal nightmare you don't want to deal with. Whether you are prohibited or not does not matter.

The case was Abramski v. United States.

[Matteo4art]

Ok, I see. I wasn't aware of what a "straw purchase" means. Interesting though because I know several people who have LEO buddies buy handguns that are off roster and transfer them to friends. Such a play on words is all it is. So in that regard, I will tell my friend to buy what guns he wishes and sell to whom he wishes whenever he wants. Thanks for the clarification.

[Quiet]

Also factor in CA laws...

If the non-resident is moving to CA and intends to keep the handgun they bring to CA, then they are considered a "personal firearm importer" and the handgun is exempt from needing to be on the Roster of Handguns Certified for Sale.

If the non-resident is moving to CA and intends to sell the handgun they bring to CA, then they are not considered a "personal firearm importer" and the handgun needs to be on the Roster of Handguns Certified for Sale or be exempt from it (C&R, SAE, SSE2).




Penal Code 17000
(a) As used in this part, until January 1, 2014, any reference to the term "personal firearm importer" shall be deemed to mean "personal handgun importer" and, on and after January 1, 2014, any reference to the term "personal handgun importer" shall be deemed to mean "personal firearm importer." A "personal handgun importer," until January 1, 2014, and commencing January 1, 2014, a "personal firearm importer" means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

Penal Code 32000
(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

[Librarian]

Ok, I see. I wasn't aware of what a "straw purchase" means. Interesting though because I know several people who have LEO buddies buy handguns that are off roster and transfer them to friends. Such a play on words is all it is. So in that regard, I will tell my friend to buy what guns he wishes and sell to whom he wishes whenever he wants. Thanks for the clarification.

After the Sacramento situation - https://www.atf.gov/news/pr/jury-ret...deral-firearms - many agencies are advising/requiring their members not to do as you suggest some LEO may be doing.

[Matteo4art]

After the Sacramento situation - https://www.atf.gov/news/pr/jury-ret...deral-firearms - many agencies are advising/requiring their members not to do as you suggest some LEO may be doing.

Ok thanks for the info, really appreciate all the knowledge here on calguns! Helps clear things up to keep out of hot water with all these laws here in california