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  • usr1987
    Member
    • Dec 2018
    • 421

    out of state gun purchase

    Most of my friends moved out of CA, to TN, KY and IN. When I go there I get some of my tools for backyard target but always wanted a Taurus Raging Judge M513 in 454/45colt/.410. Can I buy it out of state and keep it there? I will be moving to TN in 2020.
  • #2
    SkyHawk
    I need a LIFE!!
    • Sep 2012
    • 23495

    No you cannot buy out of state as a CA resident. If you are a resident of another state, then yes.

    Also be aware that gun is illegal here no matter how you acquire it. It is a short barrel shotgun in this state, felony. Just wait until you move - you can always get one of those then.
    Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

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    • #3
      usr1987
      Member
      • Dec 2018
      • 421

      Originally posted by SkyHawk
      No you cannot buy out of state as a CA resident. If you are a resident of another state, then yes.

      Also be aware that gun is illegal here no matter how you acquire it. It is a short barrel shotgun in this state, felony. Just wait until you move - you can always get one of those then.
      So you can only guy guns in the state you reside?

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by usr1987
        Originally posted by SkyHawk
        No you cannot buy out of state as a CA resident. If you are a resident of another state, then yes.

        Also be aware that gun is illegal here no matter how you acquire it. It is a short barrel shotgun in this state, felony. Just wait until you move - you can always get one of those then.
        So you can only guy guns in the state you reside?
        Under Federal laws...

        Transfers between residents of different States are prohibited, unless the transfer involves a FFL.

        Failure to ulitize a FFL equates to a Federal felony for everyone involved with the transfer.

        A FFL is prohibited in transferring firearms to non-residents of the State they are in.
        Exemptions to this for Title 1 Rifle & Title 1 Shotgun and the transfer complies with the State laws of both the FFL and the non-resident.


        Under CA laws...

        Non-exempt CA resident needs to utilize a CA FFL dealer in order to legally acquire a firearm outside of CA.


        Therefore, for CA resident...
        It is legal to buy a firearm in another State, but not legal to take possession of it.
        After buying it, the seller must ship the firearm to a CA FFL dealer, who will then transfer it to the CA resident.
        Firearm needs to be CA legal.


        Bottomline...
        Because of Federal laws that have been in effect for the last 50 years, unless you are a FFL or an exemption is utilized, you can only legally acquire firearms in the State you reside in.
        Last edited by Quiet; 01-08-2019, 9:25 PM.
        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).

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        • #5
          Yodaman
          Veteran Member
          • Aug 2012
          • 2749

          Originally posted by Quiet
          Under Federal laws...

          Transfers between residents of different States are prohibited, unless the transfer involves a FFL.

          Failure to ulitize a FFL equates to a Federal felony for everyone involved with the transfer.

          A FFL is prohibited in transferring firearms to non-residents of the State they are in.
          Exemptions to this for Title 1 Rifle & Title 1 Shotgun and the transfer complies with the State laws of both the FFL and the non-resident.


          Under CA laws...

          Non-exempt CA resident needs to utilize a CA FFL dealer in order to legally acquire a firearm outside of CA.


          Therefore, for CA resident...
          It is legal to buy a firearm in another State, but not legal to take possession of it.
          After buying it, the seller must ship the firearm to a CA FFL dealer, who will then transfer it to the CA resident.
          Firearm needs to be CA legal.


          Quiet nailed it again.

          Comment

          • #6
            Cokebottle
            Seņor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by usr1987
            Most of my friends moved out of CA, to TN, KY and IN. When I go there I get some of my tools for backyard target but always wanted a Taurus Raging Judge M513 in 454/45colt/.410. Can I buy it out of state and keep it there? I will be moving to TN in 2020.
            You also can't simply "leave it there"... that would be an illegal interstate transfer from you to your friend(s) without an FFL in the eyes of the Fed.

            Some argue that you can lock it into a safe that only you have the combination to without it being a transfer, but it remains to be tested and is pivotal based on whether the Fed considers a transfer to be transfer of ownership, or transfer of possession or control.
            If the gun is in your safe, in your friend's home, he has possession and control over access to the safe, regardless of whether he can get into it.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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            • #7
              usr1987
              Member
              • Dec 2018
              • 421

              Ok, got it...
              Last edited by usr1987; 01-08-2019, 9:41 PM.

              Comment

              • #8
                Milsurp1
                Veteran Member
                • Aug 2016
                • 3091

                Just to clarify the above, you cannot buy a gun out of state and lock it up there, even if only you have the key. That would mean you took possession, and as Quiet said above, you cannot take possession of a gun you paid for out of state. Just go to the range with your friends there and fire theirs. And start saving a moving and gun fund.

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