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Break down the Face to Face Rules in Arizona for me.

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  • tenpercentfirearms
    Vendor/Retailer
    • Apr 2005
    • 13007

    Break down the Face to Face Rules in Arizona for me.

    Ok, so I know it is illegal for any California resident to go out of state and take possession of firearms and bring them back in. All CA residents must receive their firearms acquisitions from a licensed 01 FFL (let's leave C&R and CMP out of it).

    So here is the question. Can a CA resident take a firearm to Arizona and face to face it to an Arizona resident? If the Arizona resident face to faces a firearm to the California resident, what specific laws has the Arizona resident broken (aka I know it is illegal, cite some law). Can an Arizona resident face to face guns from residents of other states other than California? Which ones? Can an Arizona resident receive face to face guns in other states?

    Thanks for the help.
    www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.
  • #2
    Ding126
    Veteran Member
    • Apr 2008
    • 4392

    across state lines require an FFL ( period )
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    • #3
      Ding126
      Veteran Member
      • Apr 2008
      • 4392

      When I lived in AZ I kept my CDL..I did bring some of my az weapons to CA and sold them FTF while I was a resident of AZ..I believe I was able to do it in CA due to my CDL..of course everything was through an FFL
      Last edited by Ding126; 07-01-2010, 7:57 PM.
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      • #4
        russ69
        Calguns Addict
        • Nov 2009
        • 9348

        Interesting question. Of course you have to follow the laws of each state so California would require you to ship through a FFL. On the other hand I'm not sure if California could prosecute you for something that happened in another state? The Feds could, I guess, if they were interested.

        Thanx, Russ
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        • #5
          Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by russ69
          Interesting question. Of course you have to follow the laws of each state so California would require you to ship through a FFL. On the other hand I'm not sure if California could prosecute you for something that happened in another state? The Feds could, I guess, if they were interested.

          Thanx, Russ
          California does not require you to SHIP through an FFL.... you must RECEIVE through an FFL.
          A California resident can ship directly to an FFL in another state.

          It's a BATF law... transfers between residents of different states must involve an FFL.
          - 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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          • #6
            dustoff31
            Calguns Addict
            • Apr 2007
            • 8209

            Originally posted by tenpercentfirearms
            Ok, so I know it is illegal for any California resident to go out of state and take possession of firearms and bring them back in. All CA residents must receive their firearms acquisitions from a licensed 01 FFL (let's leave C&R and CMP out of it).
            ETA: I take by face to face you mean private party sales, if so, all the scenarios you describe are prohibited by CFR Sec. 178.30 Out-of-State disposition of firearms by nonlicensees.

            No nonlicensee shall transfer, sell, trade, give, transport, or
            deliver any firearm to any other nonlicensee, who the transferor knows
            or has reasonable cause to believe does not reside in (or if the person
            is a corporation or other business entity, does not maintain a place of
            business in) the State in which the transferor resides: Provided, That
            the provisions of this section:
            (a) shall not apply to the transfer, transportation, or delivery of
            a firearm made to carry out a bequest of a firearm to, or any
            acquisition by intestate succession of a firearm by, a person who is
            permitted to acquire or possess a firearm under the laws of the State of
            his residence; and
            (b) shall not apply to the loan or rental of a firearm to any person
            for temporary use for lawful sporting purposes.




            So here is the question. Can a CA resident take a firearm to Arizona and face to face it to an Arizona resident?
            No.

            If the Arizona resident face to faces a firearm to the California resident, what specific laws has the Arizona resident broken (aka I know it is illegal, cite some law).
            If it can be shown that the AZ resident knew that the other party was from CA, the AZ resident could be charged with violation of ARS 13-3106, and CFR 178.30.

            Can an Arizona resident face to face guns from residents of other states other than California?
            No.

            Which ones?
            None.


            Can an Arizona resident receive face to face guns in other states?
            No.

            Arizona Revised Statutes

            13-3106. Firearm purchase in other states

            A person residing in this state, or a corporation or other business entity maintaining a place of business in this state, may purchase or otherwise obtain firearms anywhere in the United States if such purchase or acquisition fully complies with the laws of this state and the state in which the purchase or acquisition is made and the purchaser and seller, prior to the sale or delivery for sale, have complied with all the requirements of the federal gun control act of 1968, Public Law 90-618, section 922, subsection (c) and the Code of Federal Regulations, volume 26, section 178.96, subsection (c).
            ETA: My comments relate only to long guns, as handguns are covered by fed law. And frankly AZ law is irrevalent as all this is covered by fed law.
            Last edited by dustoff31; 07-01-2010, 8:26 PM.
            "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

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            • #7
              GearHead
              Member
              • Jul 2009
              • 408

              Originally posted by Cokebottle
              California does not require you to SHIP through an FFL.... you must RECEIVE through an FFL.
              A California resident can ship directly to an FFL in another state.

              It's a BATF law... transfers between residents of different states must involve an FFL.
              Not true. In some states you can actually go to another state and buy a longgun, provided the requirements of purchase are satisfied on both states sides.

              In my home state of Colorado, I could drive to Utah and pick up an AR if I felt like it. ATF said it is fine because both of the states requirements have been met.

              Handguns must always be received in your home state (C&R aside, of course).

              Comment

              • #8
                dustoff31
                Calguns Addict
                • Apr 2007
                • 8209

                Originally posted by GearHead
                Not true. In some states you can actually go to another state and buy a longgun, provided the requirements of purchase are satisfied on both states sides.

                In my home state of Colorado, I could drive to Utah and pick up an AR if I felt like it. ATF said it is fine because both of the states requirements have been met.

                Handguns must always be received in your home state (C&R aside, of course).
                Cokebottle is correct. As a CO resident you could buy a rifle in UT, but you had to buy from a licensee, not a private party.

                CFR Sec. 178.30 Out-of-State disposition of firearms by nonlicensees.

                No nonlicensee shall transfer, sell, trade, give, transport, or
                deliver any firearm to any other nonlicensee, who the transferor knows
                or has reasonable cause to believe does not reside in (or if the person
                is a corporation or other business entity, does not maintain a place of
                business in) the State in which the transferor resides: Provided, That
                the provisions of this section:
                (a) shall not apply to the transfer, transportation, or delivery of
                a firearm made to carry out a bequest of a firearm to, or any
                acquisition by intestate succession of a firearm by, a person who is
                permitted to acquire or possess a firearm under the laws of the State of
                his residence; and
                (b) shall not apply to the loan or rental of a firearm to any person
                for temporary use for lawful sporting purposes.
                "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

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