Purchase of non CA DOJ listed weapons by CA residents

[MattyB]

I had been mistaken about this at one point just recently with a member here wondering how he could get an M&P 45c so Ive read over the rules and educated myself on it.

PPT are face to face transfers of residents of THE SAME STATE. It is against federal law to transfer weapons between residents of different states without an FFL from one residents state to an FFL in the other residents state. Since the roster law applies, you cant buy the gun.

You have 3 options around this.

1) Inter-familial transfer from out of state parents or children.

2) Purchase the off roster gun from a LEO that was legal able to purchase it OR from a non-LEO that purchased it as a SSE

3) Purchase it new as a SSE handgun.

Those are the options if you want to follow the law.

[SwissFluCase]

I had been mistaken about this at one point just recently with a member here wondering how he could get an M&P 45c so Ive read over the rules and educated myself on it.

PPT are face to face transfers of residents of THE SAME STATE. It is against federal law to transfer weapons between residents of different states without an FFL from one residents state to an FFL in the other residents state. Since the roster law applies, you cant buy the gun.

You have 3 options around this.

1) Inter-familial transfer from out of state parents or children.

2) Purchase the off roster gun from a LEO that was legal able to purchase it OR from a non-LEO that purchased it as a SSE

3) Purchase it new as a SSE handgun.

Those are the options if you want to follow the law.

The first one could be a straw purchase. The second one *could* be as well.

The leaves the third as perhaps the safest option.

Regards,


SwissFluCase

[Librarian]

So then it is not possible for a CA resident to go to a gun show out of state and buy any gun from a person and then register it in CA?

Correct. Must be shipped to a CA FFL - Please DO read the sticky -- http://www.calguns.net/calgunforum/s...d.php?t=503873

Or for that matter buy a gun from a person at the other end of CA and have it shipped from FFL to FFL?

You CAN do that, but that's not a CA PPT; CA requires the unlicensed buyer and seller appear at the SAME FFL for PPT.

In both of your above cases, the Roster applies, and unless YOU are exempt, or you do something to make the GUN exempt, the FFL cannot transfer the off-Roster gun to you.

I had been mistaken about this at one point just recently with a member here wondering how he could get an M&P 45c so Ive read over the rules and educated myself on it.

PPT are face to face transfers of residents of THE SAME STATE. It is against federal law to transfer weapons between residents of different states without an FFL from one residents state to an FFL in the other residents state. Since the roster law applies, you cant buy the gun.

Only CA has these screwy limited PPT, use an FFL requirements; places where FTF is legal don't involve an FFL.

There is a persistent confusion between FTF, a sensible procedure allowed in many states, and a California PPT.

[Librarian]

The first one could be a straw purchase. The second one *could* be as well.

The leaves the third as perhaps the safest option.

Regards,


SwissFluCase

Why would you think an interstate intrafamilial gift would be a straw purchase? BATF acknowledges the legality of gifts.

Sending money to Mom & Dad with 'please buy me this gun', however, is on much shakier ground.

[1gunmccoy]

Ok since neither of the three listed options are reasonable, what happens if an out of state resident who owns a gun travels to CA with thier gun and then they and a CA resident buyer both show up at a CA FFT to make the sale? Would that not be legal?

[ke6guj]

Ok since neither of the three listed options are reasonable, what happens if an out of state resident who owns a gun travels to CA with thier gun and then they and a CA resident buyer both show up at a CA FFT to make the sale? Would that not be legal?

no, because the FFL can not do a CA-defined PPT transfer DROS when the seller is not a CA-resident. it would have to be transfered as a regular DROS, and as such, the roster applies.

[Quiet]

For CA...
A Private Party Transfer (PPT) is a face-to-face transfer between CA residents facilitated by a CA FFL dealer.

[SwissFluCase]

Why would you think an interstate intrafamilial gift would be a straw purchase? BATF acknowledges the legality of gifts.

Sending money to Mom & Dad with 'please buy me this gun', however, is on much shakier ground.

This. It all depends if it is really a gift or not.

Regards,


SwissFluCase

[zacktobe5]

I think you should go to your local gun dealer who does this every day and ask him face to face so you will know for sure if this is possible. I think sometimes we just keep asking the same question till we get the answer we wont. I like you think you can buy a gun from someone out of state. I will ask the guys at the gun shop / shooting range I frequent so I don't pass the wrong info to someone. Hope it turns out good for you

[Nor*Cal]

I think you should go to your local gun dealer who does this every day and ask him face to face so you will know for sure if this is possible. I think sometimes we just keep asking the same question till we get the answer we wont. I like you think you can buy a gun from someone out of state. I will ask the guys at the gun shop / shooting range I frequent so I don't pass the wrong info to someone. Hope it turns out good for you

Welcome to Calguns. Stick around awhile and you'll figure out that "you're local gun dealer" is not always, well, actually rarely your best source for gun law related questions.

The OP received lots of accurate information here. The bottom line is that the answer to all of his questions is NO.

OP, go into the handgun section and look-up the "SSE" thread. It will explain how you can get an off roster handgun using the Single Shot Exemption. That thread lists the CA FFL's that can assist you with your purchase. You can also buy the handgun out of state and have it shipped to one of these FFL's so it can be converted to SSE and legally DROS'ed to you.

[curtisfong]

I think you should go to your local gun dealer who does this every day and ask him face to face so you will know for sure if this is possible.

snort

I will ask the guys at the gun shop / shooting range I frequent so I don't pass the wrong info to someone.