Out of State PPT?

[penguin0123]

If the seller is from out of state and is willing to do a face-to-face transfer to me at a CA FFL, would it incur that out-of-state fee? Or would it get treated just like any other PPT? Non-C&R item is the topic of transfer.

[ke6guj]

since the seller is not a CA resident, and doesn't have a CA ID/DL, it is not considered a PPT by CADOJ. As such, it is not limited to the $35 PPT total and the roster does apply if it is a handgun.

[CaliforniaLiberal]

Find the CGF Wiki button at the top of the page.

http://wiki.calgunsfoundation.org/Buying_and_selling_firearms_in_California#Buying_from_a_Private_Party_-_PPT

http://wiki.calgunsfoundation.org/Buying_and_selling_firearms_in_California

As implemented, both parties must be present at the transferring FFL to initiate the transaction

Ordinarily both parties appear at the same time, but it is possible to do some paperwork separately, similar to a consignment. Ask your FFL.

At one time this Calguns post on split-PPT might have been useful. In 2011, the DOJ has been rejecting this method, and the proper, accepted use of PPT requires both parties to the transfer to physically appear at the same CA FFL.

As implemented, both parties must be California residents

Note: revisions to this subsection are possible in the future; Mar 23 2009.

The DROS software will accept only California-issued identification, or military identification with Permanent Change of Station (PCS) orders to California for PPT transactions.

There appear to be two reasons for this:

If one party is not from California, the transfer becomes INTERSTATE and is governed by Federal Law (18 USC 922(a)(3) and (a)5))in addition to California Law and The Dealer Record of Sale software (DROS -- see page 40 in the .pdf) will accept only California or military identification documents.

This last would seem to apply only to the buyer - why then would the seller be subject to DROS? The dealer must be prepared for the buyer to fail the background check. If that were to occur, the dealer would have to attempt to convey the gun back to the seller - and that return requires a background check on the seller. To wit: Part of Penal Code 12082(a)