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  • soulfresh
    Senior Member
    • Aug 2010
    • 672

    Buying ammo and firearms in another state?

    i hope this is the right forum to place my questions.

    1.
    if i were to purchase a firearm in another state (ie florida, nevada, texas) how do i legally ship it back here to ffl or not needed because it was purchased there if gun is on doj or not?

    2.
    if i were to buy ammo and ship it back here to ca. what is the process or law?

    thanks i thought i understood the laws, but with all these new bills coming into effect im not sure anymore.
    Last edited by soulfresh; 06-25-2013, 2:44 PM.
  • #2
    HowardW56
    Calguns Addict
    • Aug 2003
    • 5901

    If you are a California resident and purchase a firearm out of state it has to be shipped to a California FFL and the paperwork completed as if you bought it from a California FFL....

    Ammo out of state, put it in a box, label it appropriately and ship it UPS...

    What it will be like after January 1, don't know....
    sigpic

    Comment

    • #3
      soulfresh
      Senior Member
      • Aug 2010
      • 672

      thanks howard for the info. to the point and helpful.

      if the firearms is not on the ca doj list then i need to sse it before i ship it to ffl?

      Comment

      • #4
        Lifeon2whls
        Senior Member
        • Sep 2011
        • 1751

        Originally posted by soulfresh
        thanks howard for the info. to the point and helpful.

        if the firearms is not on the ca doj list then i need to sse it before i ship it to ffl?
        No you just need to find a FFL here willing and able to do the SSE. Make sure you check this PRIOR to buying the pistol. Glocks are a dime a dozen hence most FFLs who do SSEs will have the parts...but there are some pistols out there that are limited and/or brand new and they may not yet have the appropriate conversion parts.

        Comment

        • #5
          dunndeal
          Calguns Addict
          • Sep 2009
          • 5000

          Rob Blank of RMB Enterprises in Milpitas does SSE but you'd have to speak with him to see if he can accommodate you. (408) 946-5287

          He's a good guy and his prices are reasonable.
          Those that call the US Constitution a living, breathing document only want to asphyxiate liberty.

          M76

          Comment

          • #6
            sl0re10
            Calguns Addict
            • Jan 2013
            • 7242

            for the UPS; use ground and put a ORM-D sticker on the box.

            Or just buy it from an internet vendor. They'll ship to most of California. They've got the stickers. Their UPS guy is used to picking up ammo and won't get weird about it.

            Comment

            • #7
              fiddletown
              Veteran Member
              • Jun 2007
              • 4928

              Originally posted by soulfresh
              ...if the firearms is not on the ca doj list then i need to sse it before i ship it to ffl?
              Note, you can't ship it to the California FFL. The seller must ship it. It would be a violation of federal law for you to take possession of the gun, so you can't have possession of the gun so you can ship it.

              Here is the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

              [1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

              [2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

              [3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

              [4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

              [5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

              [6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

              Here's what the statutes say:
              18 U.S.C. 922. Unlawful acts


              ...

              (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
              (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

              (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

              ...

              (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
              (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

              ....

              (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
              ...

              (3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph
              (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

              (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

              ...
              "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

              Comment

              • #8
                hardlyworking
                Senior Member
                • Jan 2013
                • 1210

                Nice Fiddletown!

                Comment

                • #9
                  1681
                  Senior Member
                  • Apr 2013
                  • 677

                  Originally posted by soulfresh
                  i hope this is the right forum to place my questions.

                  1.
                  if i were to purchase a firearm in another state (ie florida, nevada, texas) how do i legally ship it back here to ffl or not needed because it was purchased there if gun is on doj or not?

                  2.
                  if i were to buy ammo and ship it back here to ca. what is the process or law?

                  thanks i thought i understood the laws, but with all these new bills coming into effect im not sure anymore.
                  are you getting dizzy yet???

                  beside all of the listed rules, sending FFL must also obtain approval from CA DOJ to ship firearms to CA.

                  Buyer must also beware of "AW" and magazines rules, pay sales taxes if purchased from a dealer, etc...
                  Gun control is not about public safety. It's about power and wealth control.

                  Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton

                  I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson

                  There's only one real party in America. It's called the Capitalist Party, and you ain't invited.

                  Comment

                  • #10
                    ronlglock
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • May 2011
                    • 2670

                    OTOH, if you are an FFL03 (curio and relic), buy the gun and hand carry it (checked luggage) or FedEx / UPS it to yourself then file the paperwork when you get home.
                    sigpic

                    NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

                    Comment

                    • #11
                      fiddletown
                      Veteran Member
                      • Jun 2007
                      • 4928

                      Originally posted by ronlglock
                      OTOH, if you are an FFL03 (curio and relic), buy the gun and hand carry it (checked luggage) or FedEx / UPS it to yourself then file the paperwork when you get home.
                      Only if the gun qualifies as a Curio & Relic.
                      "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

                      Comment

                      • #12
                        huntercf
                        Veteran Member
                        • Aug 2011
                        • 3114

                        Originally posted by soulfresh
                        i hope this is the right forum to place my questions.

                        1.
                        if i were to purchase a firearm in another state (ie florida, nevada, texas) how do i legally ship it back here to ffl or not needed because it was purchased there if gun is on doj or not?

                        2.
                        if i were to buy ammo and ship it back here to ca. what is the process or law?

                        thanks i thought i understood the laws, but with all these new bills coming into effect im not sure anymore.
                        In some states gun stores will not sell to CA residents. I have been in a few gun stores in different states who have a sign posted that they cannot sell guns to CA residents.
                        Gun control is a 1" group at 500 yds!

                        Comment

                        • #13
                          AceGirlsHusband
                          Veteran Member
                          • Jan 2013
                          • 2651

                          Originally posted by huntercf
                          In some states gun stores will not sell to CA residents. I have been in a few gun stores in different states who have a sign posted that they cannot sell guns to CA residents.
                          And there are a growing contingent of ammo dealers out of state who absolutely will not ship to California anymore. As the ammo prohibitions approach, most of the rest will voluntarily shut down California before it even hits.

                          And that's a bummer. Especially for those of us who can't get certain types of match .22LR locally.

                          Comment

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