I need advice

[FLAWLS1]

I was contacted by a member here that was interested in buying my Benelli M4. He has positive feedback, however he wanted to buy the shotgun FTF without going through a FFL dealer. Being that this is a long gun wouldn't that be ok? He also lives out of state if that makes a difference (AZ).

[uhlan1]

Every long gun (or any gun for that matter) I've done the proper paperwork through an FFL and done the 10 day wait. I'd run from this guy as fast as you can and find another buyer.

[strongpoint]

an out-of-state sale has to go through an FFL, per uncle sam.

there are some narrow exemptions (C&R, inheritance). the wiki has info.

[Chaos47]

Being that this is a long gun wouldn't that be ok?

Nope not even for longguns is that ok (Except Intrafamily and C&R) in CA.

He also lives out of state if that makes a difference (AZ).

Even worse, Federal interstate transfer violation.

NO-GO!

[FLAWLS1]

Thanks guys!

[johnthomas]

Tell him, thank you for your interest, but I cannot do that. It isn't worth the risk of losing gun rights, money and possibly freedom. He knows better than that. AZ huh? ATF guy trying to redeem himself by entrapping an innocent victim? Don't do it, and I am glad you asked in the forum before going ahead with it because you heard, was told or thought it was ok.

THIS IS FROM THE DOJ WEBSITE LINK AT THE BOTTOM OF THE PAGE.

I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:
For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.

(PC section 12072(d))

http://oag.ca.gov/firearms/pubfaqs#14