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If I live in CA, can I go to (OR, NV, AZ) and [b]SELL[/b] a gun?

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  • Falstaff
    Senior Member
    • Mar 2010
    • 2317

    If I live in CA, can I go to (OR, NV, AZ) and [b]SELL[/b] a gun?

  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Originally posted by Falstaff
    If I live in CA, can I go to (OR, NV, AZ) and SELL a gun?

    May I sell to an FFL in another state?
    May I sell at a Gunshow outside CA?

    What about gun broker? Can i ship to a gunbroker online buyer’s ffl in another state? Or do i have to have an ffl ship to the buyer’s ffl?
    Federal laws prohibits the transfer of firearms between residents of different States without utilizing a FFL. [18 USC 922(a)(3),(5)]

    Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

    Therefore...

    Any firearm you transfer to a resident of another State must be done through a FFL dealer in that other State.

    If you travel to another State with a firearm and sell that firearm in that State, then it must be transferred through a FFL dealer in that State.

    If you ship the firearm to a buyer in another State, then it must be shipped to a FFL dealer in that State.
    It is up to the receiving FFL dealer to decide on if they will accept firearm shipments from FFLs only or from non-FFLs. So, prior to shipping the firearm, you need to find out what that FFL's policy is and ship the firearm in accordance with that policy.


    Also note that...
    OR and NV have "universal background check" laws that requires all firearm transfers to be done through a FFL dealer in their respective States.
    Last edited by Quiet; 08-14-2021, 5:30 PM.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44643

      That's up to the prospective receiving FFL and their business practices - call and ask.
      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      Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

      Comment

      • #4
        sandiego67
        Senior Member
        • Oct 2015
        • 669

        I sold a shotgun last year on Gunbroker and shipped directly to an FFL in Utah.

        Comment

        • #5
          edgerly779
          CGN/CGSSA Contributor
          CGN Contributor
          • Aug 2009
          • 19871

          As long as sale goes thru ffl no cash and carry for buyer.

          Comment

          • #6
            ar15robert
            Senior Member
            • Sep 2002
            • 2445

            Take to ffl for transfer. Almost had to do this with a friends gun due to crazy x wife and divorce. Luckily he found an ffl to temporarily store. Otherwise he was gonna have to take them to az to transfer over.

            I told him though one gun I wouldn’t be able to sell him back because it’s off roster.

            Comment

            • #7
              BAJ475
              Calguns Addict
              • Jul 2014
              • 5094

              Originally posted by Quiet
              Federal laws prohibits the transfer of firearms between residents of different States without utilizing a FFL. [18 USC 922(a)(3),(5)]

              Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

              Therefore...

              Any firearm you transfer to a resident of another State must be done through a FFL dealer in that other State.

              If you travel to another State with a firearm and sell that firearm in that State, then it must be transferred through a FFL dealer in that State.

              If you ship the firearm to a buyer in another State, then it must be shipped to a FFL dealer in that State.
              It is up to the receiving FFL dealer to decide on if they will accept firearm shipments from FFLs only or from non-FFLs. So, prior to shipping the firearm, you need to find out what that FFL's policy is and ship the firearm in accordance with that policy.


              Also note that...
              OR and NV have "universal background check" laws that requires all firearm transfers to be done through a FFL dealer in their respective States.
              I thought that the NV law was struct down because the feds would not allow the NICS system to be used where the seller was not the FFL or the FFL was not facilitating an interstate transfer and NV FFLs had no other way to run a BG check without using the NICS system. Has something changed?
              In Idaho a "universal background check" means that you show the FFL your enhanced CWP and you smile at each other.
              Last edited by BAJ475; 08-28-2021, 12:25 AM. Reason: fun

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by BAJ475
                I thought that the NV law was struct down because the feds would not allow the NICS system to be used where the seller was not the FFL or the FFL was not facilitating an interstate transfer and NV FFLs had no other way to run a BG check without using the NICS system. Has something changed?
                NV first attempt at their '"universal background check" laws was not implemented due to the NV AG and BATFE determining that it violated Federal laws/regulations because it relied on NICS.

                NV second attempt at their "universal background check" laws was determined to be legal under Federal and NV laws/regulations due to it requiring NV to create their own background check system that does not rely on NICS.
                This version is what went into effect on 01-02-2020. [NRS 202.2544 to 202.2549]
                Last edited by Quiet; 08-28-2021, 3:35 PM.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

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