LE Only, PPT, Off roster question...

[funnybookz]

If a handgun is not on the safe handgun roster or whatever and only LEOs are able to buy them new in Cali, could they then transfer them to non LEOs?

Example - If I want a Gen 4 Glock or Springfield XDS, etc., could my brother who is LEO in Coast Guard buy one then PPT it to me?

[89 Vision]

If your brother lives in Ca, he can PPT an off-roster pistol to you no problem.

[funnybookz]

If your brother lives in Ca, he can PPT an off-roster pistol to you no problem.

Yes, he does. Sweeeeet!

[fremont lapua]

For now, California is trying to pass a law that says no firearms not on the roster can be sold through PPT. They also just passed a law that all new handguns going on the roster must be micro stamped.


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[Librarian]

If a handgun is not on the safe handgun roster or whatever and only LEOs are able to buy them new in Cali, could they then transfer them to non LEOs?

Example - If I want a Gen 4 Glock or Springfield XDS, etc., could my brother who is LEO in Coast Guard buy one then PPT it to me?

I'm not sure CG LEO is LEO for California purposes; maybe - let's go on as if that works.

Doing that can expose him to inquiry by his employer or by CA-DOJ.

He could legally buy you a gift.

He could legally buy himself a gun, and decide he didn't like it, and sell it to you.

There are very serious questions involved if he took your money to buy it, and then resold it to you, or if he bought it specifically to resell it to someone who could not buy it directly.

Last year a few Sacramento-area LEOS were charged with some Federal crimes for activities that seem similar to what you suggest.

[funnybookz]

I don't see how him legally buying me a gift or deciding he didn't like it would be any different than him buying it using my money. But than again... It is Cali. When is the last time it made any sense?

Military is exempt from the roster like LE, right? He is military LE and DHS, don't see how it'd be different.

This is all hypothetical and just something I was wondering. Thanks for the input.

[Dvrjon]

But than again... It is Cali. When is the last time it made any sense?

Uh, that's a federal thing, not "Cali". The federal form 4473 (http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf) for firearm purchase asks Question 11:

"11a. Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are
acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you."

The purchaser also signs a statement which includes the following:
"I understand that answering “yes” to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law."

I don't see how him legally buying me a gift or deciding he didn't like it would be any different than him buying it using my money.

From the federal form:
"ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS- FEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a."

Military is exempt from the roster like LE, right? He is military LE and DHS, don't see how it'd be different.

General government transactions are exempt, but limited (Penal Code 32000(b)(4):
" (4) The sale or purchase of any pistol, revolver, or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff's official, any marshal's
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or the military or
naval forces of this state or of the United States for use in the
discharge of their official duties. Nor shall anything in this
section prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable of being
concealed upon the person."

Individual purchase by members of the military does not appear to be exempt, unless the weapon is for use in the discharge of their official duty and the individual is "sworn". Although all military members swear (or affirm) an oath, the general understanding of "sworn" is usually limited to law enforcement.

So, your hypothetical situation might be accomplished, but there are a number of turns which could lead your brother to an uncomfortable accounting for his actions. This could be a career moment for him.

Cheers,

JR

[funnybookz]

Ok thanks for the info, everyone. Got what I needed. Mods, mind deleting thread? Thanks.

[Librarian]

I don't see how him legally buying me a gift or deciding he didn't like it would be any different than him buying it using my money. But than again... It is Cali. When is the last time it made any sense?

Military is exempt from the roster like LE, right? He is military LE and DHS, don't see how it'd be different.

No. Military is NOT exempt from the Roster.

Dvrjon got the other.

[Dee_Dub]

isnt this a straw man purchase?

[Dvrjon]

isnt this a straw man purchase?

One might effectively argue that.

[funnybookz]

Thanks again everyone. I will NOT be doing this as it looks/ is shady. Just wanted to know if this was doable. Doesn't look like it is.

[curtru]

If you want it he doesnt want to sell to you it can still be had via sse

[funnybookz]

Doesn't have one, wasn't planning on doing anything like it. It was just a hypothetical question to see if it was legal or not.

[Steve_In_29]

If a handgun is not on the safe handgun roster or whatever and only LEOs are able to buy them new in Cali, could they then transfer them to non LEOs?

Yes it is legal for them to do this.

Example - If I want a Gen 4 Glock or Springfield XDS, etc., could my brother who is LEO in Coast Guard buy one then PPT it to me?

This would be a straw man purchase which is a federal crime and you just provided the evidence of such, on the searchable/never goes away internet.
Lucky for your bro that he isn't a CA exempt LEO.