Would this be legal?

[stangallmotor]

I have family in Texas with a 1911 I want to buy off them. The gun isn't on the CA roster.

When they come to CA this summer to visit us would it be possible to buy from him at a CA FFL? He is a Texas resident with no CA ID. Thanks

[69Mach1]

Short answer no.

What is the relationship of this family member?

[stangallmotor]

Crap, OK. My wife's uncle. We had another baby and they are coming up to visit. Dreamed killed! Lol thanks

[AKSOG]

It would have to be immediate family

[Tere_Hanges]

It would have to be immediate family

Not only that, it would also have to be either parents or children. No siblings or grandparents.

[GlockN'Roll]

Crap, OK.

My wife's uncle.

We had another baby and they are coming up to visit.

Dreamed killed!

Lol thanks

If her uncle gave it to her dad and he decided that he didn't want it.

Her dad could then legally transfer it to his daughter, your wife...

Just a thought...

[ke6guj]

Not only that, it would also have to be either parents or children. No siblings or grandparents.

grandparent, parent, child, grandchild is considered immediate family. straight up/down the family tree. no sideways or diagonals.

[edgerly779]

if old 1911 c&r roster does not apply

[DisgruntledReaper]

Should still also be able to do it as a normal ppt since BOTH PARTIES ARE PRESENT IN PERSON..roster crap would not apply since it is not being SHIPPED in from out of state.

[69Mach1]

Not between two different state residents

[dieselpower]

What are you people talking about? When did it become illegal for a person to transfer a gun at an FFL simply because they have out of state residency?

Buying, sure, but selling is fine as long as its done at an FFL.

For handguns, proof of residency

26845.

(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.

Definition of terms

ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200. - 28250.]
( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

28200.

As used in this article, the following words have the following meanings:
(a) “Purchase” means the purchase, loan, or transfer of a firearm.
(b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm.
(c) “Sale” means the sale, loan, or transfer of a firearm.
(d) “Seller” means, if the transaction is being conducted pursuant to Chapter 5 (commencing with Section 28050), the person selling, loaning, or transferring the firearm.

what am I missing?

[CouchOperator]

Should still also be able to do it as a normal ppt since BOTH PARTIES ARE PRESENT IN PERSON..roster crap would not apply since it is not being SHIPPED in from out of state.

This is new to me, please cite your sources

[CouchOperator]

What are you people talking about? When did it become illegal for a person to transfer a gun at an FFL simply because they have out of state residency?

Buying, sure, but selling is fine as long as its done at an FFL.

For handguns, proof of residency

26845.

(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.

Definition of terms

ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200. - 28250.]
( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

28200.

As used in this article, the following words have the following meanings:
(a) “Purchase” means the purchase, loan, or transfer of a firearm.
(b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm.
(c) “Sale” means the sale, loan, or transfer of a firearm.
(d) “Seller” means, if the transaction is being conducted pursuant to Chapter 5 (commencing with Section 28050), the person selling, loaning, or transferring the firearm.

what am I missing?

So what you are saying is that tons of people can flood CA by selling their off roster pistols in CA? Please cite your sources, and dont cherry pick

[KrisDSA]

Have that person get a CA ID, he can use your address as his temporary address and then ppt the gun to you. It depends on how long N and is that too much of a hassle

[calif 15-22]

Waiting for Librarian to clear this up:

The words 'private', 'party' and 'transaction' all have common meanings.

But in California, the phrase "private party transaction (PPT)" has a specific meaning.

A California PPT occurs when
a California resident

goes to a CA FFL

to sell any gun - used or new is not relevant -

to another CA resident.
Use of a CA FFL is required by law, as noted in this thread, and the CA-resident part is implemented in the DROS software.

Since a resident of a state other than California is unlikely to have CA ID, a gun from out of state is unlikely to be eligible for a CA PPT.

That means the transfer would be treated as an interstate transfer, and the FFL is able to charge whatever fee is reasonable to the business, and the Roster would apply to handgun transactions.

http://www.calguns.net/calgunforum/showpost.php?p=17624221&postcount=13