Buying out of state

[tfaranyosi]

Hi All,

What keeps anybody to go to Nevada, buy a gun there (California approved) and bring it into Cali?
No waiting period there!

[Cokebottle]

Hi All,

What keeps anybody to go to Nevada, buy a gun there (California approved) and bring it into Cali?
No waiting period there!

BATF and CaDOJ law.

The FFL can get into hot water if you are not a Nevada resident.
BATF requires that all intrastate transfers (other than C&R) take place through an FFL.
CaDOJ requires that California residents use a California FFL to receive the item.

Buying a gun out of your state of residence is a violation of federal law unless you have the seller ship it to a California FFL.

[bruceflinch]

As soon as I read the thread title, I thought.."New Poster"

Welcom Tfaranyosi!

Lots of good info available if you use the "search" feature. I like to go to search & then use "advanced search" for faster, more specific info. There are plenty of threads to look at.

Are you looking to buy your first gun? Any guns in particular?
There are lots of guns available out of state, that are illegal in Ca. Do some research before giving anyone your $$.

You'll find some decent deals in our Private Marketplace & lots of people to help guide you through the process. Handgun purchases require a Handgun Safety Certificate. You can find the Guide online.

[Beelzy]

Hi All,

What keeps anybody to go to Nevada, buy a gun there (California approved) and bring it into Cali?
No waiting period there!

Your California ID, and the commision of a Federal Felony tends to thwart such endeavors.

[Librarian]

Hi All,

What keeps anybody to go to Nevada, buy a gun there (California approved) and bring it into Cali?
No waiting period there!

You already have the summary answer - Federal and California law. Gory details at the Calguns Foundation Wiki here.

[VegasND]

I buy guns in Nevada all the time. When I find one in another state I buy it and, if it's a rifle or shotgun, take possession of it then. Handguns have to be shipped to an FFL in Nevada.

You need to figure out how to change CA law; until then do as you're doing here--ask and make sure you don't break any laws--it won't be worth the money you save.

[Deamer]

It is CA that is screwing us. By federal law you can buy a shotgun or rifle in another state. Handguns are not allowed. I believe that part of the ATF reform is to allow handguns in other states if it passes. The restriction was put into law before the instant federal check was going.

[IrishPirate]

what stops them is they don't want their gun rights stripped away from them forever for "breaking the law". Of course, there's nothing illegal about buying a gun out of state if the seller is willing to ship a CA legal handgun to a CA FFL where you'll DROS for it so what law they would be breaking is always a question up for debate. It's really all about state laws, not so much federal ones though. You're supposed to be a resident of the state you purchase the gun in (talking about long guns here) and for some dumb reason, CA decided that you need to pay sales tax to CA on cars and guns purchased out of state. total BS, but thats the thing about CA. Our gun laws are so screwed up that sometimes (speaking from experience) FFLs from other states wont even continue to talk to you once you say your from CA because they dont want to run any kind of risk. Trust me, if it were as easy as driving to Reno, everyone would do it. if your confused by this, welcome to the great gun law debate of CA...and.....

welcome to Calguns!

[Deamer]

You're supposed to be a resident of the state you purchase the gun in (talking about long guns here)

Don't you mean handguns?

[Cokebottle]

Don't you mean handguns?

I'm pretty sure that, other than for C&R, the BATF still requires an FFL to be involved on any intrastate sale.
California is the fly in the ointment that requires that a California resident must use an in-state FFL.

I may be mistaken, but I do not believe that a Nevada resident can go to Arizona and buy a long gun FTF cash and carry other than purchasing from an FFL.

[Deamer]

I'm pretty sure that, other than for C&R, the BATF still requires an FFL to be involved on any intrastate sale.
California is the fly in the ointment that requires that a California resident must use an in-state FFL.

I may be mistaken, but I do not believe that a Nevada resident can go to Arizona and buy a long gun FTF cash and carry other than purchasing from an FFL.

[Cokebottle]

As long as they go to a FFL and FTF they are good as long as the state they live in does not restrict like CA. I don't remember the post but it was brought up before.

That's what I thought...

So it's not "cash and carry" (other than C&R)... it still has to go through an FFL, there's just no 10-day waiting period.

[Deamer]

CA requires a DROS of all guns sales that deal with CA residents (except C&R i think). If CA got rid of that requirement I could legally go to a Vegas gunstore, pick a shotgun or rifle (could not be one banned in CA like Barrett 50BMG), do the federal background check, pay and walk out with new gun. Thats how I interpreted "cash and carry" guess you meant, "meet some one like at a gunshow, give cash, get gun and leave".

You just have to make sure you follow the laws of both states. The DROS requirement I believe is the only thing preventing a CA resident from a cash and carry at a gun store out of state.

[Cokebottle]

Thats how I interpreted "cash and carry" guess you meant, "meet some one like at a gunshow, give cash, get gun and leave".

Ya... by cash and carry I meant person to person with no FFL involved.
But ya, for the purposes of the OP, the BATF regs, and thus, the federal violation, would only apply if he were to attempt a PTP cash and carry.
The only thing stopping us from buying from a Vegas gun shop is California law.

[VegasND]

Maybe I need to clarify--I might have been vague. If those of us who live in states without (additional) restrictions find a long gun at an FFL--we can buy it and walk out the door with it after filling out the 4473 and the background check. If we find one from a private party, we must transfer at an FFL and pay the dealer a transfer fee (usually about $25 -- or ask the seller to ship to a dealer in our state) to be legal.

Handguns must always be sent to an FFL licensee in our state of residence for us to pick up there. If we purchase more than one pistol at a time, the feds punish the dealer by making them fill out an extra form.

BTW--the idiotic laws in CA make it very difficult for one to purchase any guns I might find in CA that I want. They must always be send to a dealer in the buyer's state of residence because nobody I know can meet CA state law for purchase unless they are at least a part-time resident.

Everywhere else I've ever been, the dealer sells you a gun and charges you for shipping. California FFLs always tack on extra fees (FFL fee?? one quoted $150!!!) that no other state has ever charged me.

Changing CA law should be your first focus, secondly you need to focus on restrictive, and perhaps un-Constitutional, federal law.