Selling out of state?

[50BMGBOB]

I know that you can not buy a gun while out of state with out going through a CA FFL, but can you sell a gun ptp or do you have to use an FFL while out of state?

[mrdd]

I know that you can not buy a gun while out of state with out going through a CA FFL, but can you sell a gun ptp or do you have to use an FFL while out of state?

[Librarian]

Same rules as the sticky, http://www.calguns.net/calgunforum/s...d.php?t=503873

[50BMGBOB]

I reread the sticky twice. Long and short of it, I have to go through an FFL when I take it out of storage to sell. Using an out of state FFL to sell should be fine to sell to an out of state person correct?

[fiddletown]

In general, and certainly in the case of handguns, the transfer must be done by an FFL in the State in which the transferee (buyer) lives.

[CSACANNONEER]

It has to go through a FFL in the buyer's state of residency. However, sometimes it is hard to find a FFL that understands Federal law. There are many accounts of FFLs refusing to do transfers when both parties are present because, their state laws allow for PPTs between residents of that state to be done FTF.

[ap3572001]

I know that you can not buy a gun while out of state with out going through a CA FFL, but can you sell a gun ptp or do you have to use an FFL while out of state?

If You went to another state where private party sales do not require involvement of an FFL ( between two residents of that state ) , You CAN sell Your handgun and You would have to go through local FFL of that state. If You moved to another state , You just have to follow the laws of that state. If the allow FTF in that state , that's what You do.

[fiddletown]

...If You moved to another state , You just have to follow the laws of that state. If the allow FTF in that state , that's what You do.

You love to provide misleading, incomplete and confusing information on legal matters.

To avoid using an FFL for a transfer to a resident of a State, the transferor must be a resident of that State, as defined by federal law for the purposes of the Gun Control Act of 1968. And for the purposes of GCA68, "State of Residence" is defined as follows (27 CFR 478.11):

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.

A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

Of course, whether one is a resident of a State as thus defined will depend on that person's exact situation.