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can an out of state FFL do a dros if they want?

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  • atlas
    Member
    • Jan 2006
    • 262

    can an out of state FFL do a dros if they want?

    I seem to remember that the laws of both states have to be respected in transfers, so if some FFL wanted to does that mean a that if I was in Nevada for 10 days and the FFL was willing login to the DOJ dros website or whatever they could dros a gun for me and I could pick it after the waiting period.

    I realize this is an unlikely event. I am more just interested if it would be allowable.
  • #2
    E Pluribus Unum
    Calguns Addict
    • Dec 2006
    • 8097

    Originally posted by atlas
    I seem to remember that the laws of both states have to be respected in transfers, so if some FFL wanted to does that mean a that if I was in Nevada for 10 days and the FFL was willing login to the DOJ dros website or whatever they could dros a gun for me and I could pick it after the waiting period.

    I realize this is an unlikely event. I am more just interested if it would be allowable.
    One can buy a firearm in a state that borders his home state... if the laws of both states are followed.

    FFLS do not want to mess with it.... they just refuse sales to Californians.
    Originally posted by Alan Gura
    The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
    Originally posted by hoffmang
    12050[CCW] licenses will be shall issue soon.

    -Gene
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    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44626

      More directly to the point, an out of state FFL probably can't meet the licensing requirements of California PC 12071:
      12071. (a) (1) As used in this chapter, the term "licensee," "person licensed pursuant to Section 12071," or "dealer" means a person who has all of the following:
      (A) A valid federal firearms license.
      (B) Any regulatory or business license, or licenses, required by local government.
      (C) A valid seller's permit issued by the State Board of Equalization.
      (D) A certificate of eligibility issued by the Department of Justice pursuant to paragraph (4).
      (E) A license issued in the format prescribed by paragraph (6).
      Remember, California does not want you to easily acquire guns. If it makes your life easier, it's probably forbidden.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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      • #4
        Kruzr
        In Memoriam
        • Oct 2005
        • 1751

        The out of state FFL also won't have a valid login for the Calif. DROS system and won't be able to access the system.

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        • #5
          Mssr. Eleganté
          Blue Blaze Irregular
          CGN Contributor - Lifetime
          • Oct 2005
          • 10401

          Originally posted by E Pluribus Unum
          One can buy a firearm in a state that borders his home state... if the laws of both states are followed.
          The "bordering state" provisions of the 1968 Gun Control act were thrown out in 1986. Now you can buy in any state if the laws of both states are followed. This only applies to long guns though. You can't buy handguns out of state without having an FFL.

          Originally posted by E Pluribus Unum
          FFLS do not want to mess with it.... they just refuse sales to Californians.
          As Librarian says, out of state FFL's can't comply with California laws unless they get all of the other licenses, permits and certificates required in California. I don't even think California can grant a Dealer all of those unless they have a licensed premises in California.

          Out of state FFL's can sell long guns that are over 50 years old to Californian's because those are...

          A) exempt from the California law requiring the sale to go through a California FFL Dealer
          B) exempt from the Federal law on selling firearms to out of state residents

          Federal law requires this kind of sale to take place at the Dealers licensed premises.
          Last edited by Mssr. Eleganté; 05-04-2007, 10:18 PM.
          __________________

          "Knowledge is power... For REAL!" - Jack Austin

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