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  • Mercenetti
    Member
    • May 2010
    • 390

    Delete

    Thank You All
    Last edited by Mercenetti; 06-05-2021, 9:18 PM.
    Government by the consent of the governed
  • #2
    mej16489
    Veteran Member
    • Aug 2008
    • 2714

    Originally posted by Mercenetti
    Hello all,

    I am a new resident of CA after leaving for 2 years, I am an FFL/SOT at my business location in OH which I still own.

    Upon my departure I transferred numerous handguns into my personal collection before moving to CA, confirmed legality with ATF and later confirmed I could sell them PPT in CA by CA DOJ office over the phone.

    My question is this, what prevents me an FFL from buying guns in another state, transferring those to my personal collection and selling them PPT in CA?

    There’s gotta be something I’m missing here.

    Thanks.
    There is a limit to the number of handgun sales transactions you can make in 1 year. No more than 5 transactions (there can be multiple handguns in a single transaction)

    PC 16730:

    (a) As used in Section 31815 and in Division 6 (commencing
    with Section 26500) of Title 4, "infrequent" means:
    (1) For handguns, less than six transactions per calendar year.
    Last edited by mej16489; 01-09-2020, 5:01 PM.

    Comment

    • #3
      Chewy65
      Calguns Addict
      • Dec 2013
      • 5080

      An FFL cannot transfer an off roster handgun to their personal collection unless the transfer would be exempt for some reason. By virtue of being a FFL you are not an exempt person for purposes of your personal collection.

      Comment

      • #4
        audiophil2
        Senior Member
        CGN Contributor - Lifetime
        • Jan 2007
        • 8736

        Is your FFL sole prop or other?
        sigpic


        Private 10 acre range rentals
        [/URL]

        Comment

        • #5
          sheepdawg
          Member
          • May 2015
          • 214

          The transfer from store inventory to personal inventory is a problem, because according to https://oag.ca.gov/firearms/dlrfaqs

          "Dealers transferring firearms (hand gun and/or long gun) to their personal inventory are required to complete the DROS process. The BATFE's acquisition/disposition log requirements still apply."

          Holding a FFL does not make an individual roster-exempt under either PC32110 or PC32000. So a FFL-holder can't transfer an off-roster gun from store inventory to personal inventory.
          ?When injustice becomes law, resistance becomes duty.?- Thomas Jefferson

          Comment

          • #6
            morrcarr67
            I need a LIFE!!
            • Jul 2010
            • 15039

            There is.

            California has a law that says if a resident of California acquires a firearm outside of California they must deliver said firearm to a CA FFL for transfer, and the roster would apply.

            So, firearms transferred from your OH FFL to yourself while you are in OH would have to be sent to a CA FFL where you would have to go through the CA DROS process to receive your on roster only handguns.

            Sent from my Nokia 7.1 using Tapatalk
            Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

            Originally posted by Erion929

            Comment

            • #7
              SkyHawk
              I need a LIFE!!
              • Sep 2012
              • 23528

              PC27585

              http://leginfo.legislature.ca.gov/fa...ctionNum=27585.

              27585.
              (a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
              Violation with a handgun is a felony.

              As a CA ‘dual’ resident, now you can’t even bring guns here to visit you unless they are shipped to a CA dealer first for DROS to you, if you acquire those guns out of state after 1/1/2015 and you didn’t declare them within 60 days of becoming a resident.

              You get one bite at the apple when you become a new resident. After that, any guns you acquire out of state must be shipped to a CA dealer, DROSd to you, and the roster applies. There is an exception for 03 FFLs when acquiring C&R firearms.
              Last edited by SkyHawk; 01-09-2020, 9:51 PM.
              Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

              Comment

              • #8
                Mercenetti
                Member
                • May 2010
                • 390

                Originally posted by Chewy65
                An FFL cannot transfer an off roster handgun to their personal collection unless the transfer would be exempt for some reason. By virtue of being a FFL you are not an exempt person for purposes of your personal collection.
                I am not a CA FFL, so how does this apply to me? I can transfer as many “off roster” handguns to myself as I want with my OH FFL.
                Government by the consent of the governed

                Comment

                • #9
                  Mercenetti
                  Member
                  • May 2010
                  • 390

                  Originally posted by SkyHawk
                  Government by the consent of the governed

                  Comment

                  • #10
                    SkyHawk
                    I need a LIFE!!
                    • Sep 2012
                    • 23528

                    Originally posted by Mercenetti
                    That’s the provision when I moved here with my current collection of off roster. So even though I’m a federal dealer I cannot bring inventory into this state without going through a CA dealer? How is that correct? I thought FFLs Can traverse states with guns
                    You can read the words the same as I can. Unless you or the scenario meets one of the exemptions in B1 - B14, then yes it applies to you also.

                    Welcome to California
                    Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                    Comment

                    • #11
                      Mercenetti
                      Member
                      • May 2010
                      • 390

                      Originally posted by sheepdawg
                      The transfer from store inventory to personal inventory is a problem, because according to https://oag.ca.gov/firearms/dlrfaqs

                      "Dealers transferring firearms (hand gun and/or long gun) to their personal inventory are required to complete the DROS process. The BATFE's acquisition/disposition log requirements still apply."

                      Holding a FFL does not make an individual roster-exempt under either PC32110 or PC32000. So a FFL-holder can't transfer an off-roster gun from store inventory to personal inventory.


                      These guns whilst still in OH were transferred correctly as if I was the purchaser at my shop in OH, NICs check and everything
                      Government by the consent of the governed

                      Comment

                      • #12
                        Mercenetti
                        Member
                        • May 2010
                        • 390

                        Originally posted by SkyHawk
                        You can read the words the same as I can. Unless you or the scenario meets one of the exemptions in B1 - B14, then yes it applies to you also.

                        Welcome to California
                        Haha. Thanks for the help SkyHawk will read as advised
                        Government by the consent of the governed

                        Comment

                        • #13
                          Milsurp1
                          Veteran Member
                          • Aug 2016
                          • 3091

                          ^ that means that you obtained them outside of the state of California.

                          Comment

                          • #14
                            Mercenetti
                            Member
                            • May 2010
                            • 390

                            Originally posted by audiophil2
                            Is your FFL sole prop or other?
                            Government by the consent of the governed

                            Comment

                            • #15
                              SkyHawk
                              I need a LIFE!!
                              • Sep 2012
                              • 23528

                              The problem now is you are a CA resident. Other FFLs out of state are not CA residents, so yes they can bring guns here though they will not be able to PPT them. Other people who are not FFLs and NOT CA residents can also travel here with their guns, but not PPT them.

                              But you are now a CA resident, and you are not a CA dealer. So CA sees you as just another peon like us, subject to that importation rule.

                              In fact it seems that 03 FFLs like have more privileges than you. I can import C&R guns I personally acquire out of state, but I do not see such an exception for anyone who is not a licensed collector.
                              Last edited by SkyHawk; 01-09-2020, 10:16 PM.
                              Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                              Comment

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