X-Post: Transferring a handgun out of CA

[highmeh]

(Crosspost from the "How does CA Law affect me?" forum):

Please help me decipher this process, as I can't seem to get a straight answer. I have a pistol I want to sell to a friend who lives in Arizona. I live in California. I thought it would be a matter of taking it to my FFL, having my FFL ship it to their FFL, and collecting payment.

However, I called my local FFL and the person I spoke with didn't seem to know what to do. He asked his manager, and it was determined that I could ship it myself to the FFL in Arizona (via USPS/FedEx Overnight), who would then do the paperwork with the buyer and release the gun to him.

The California FFL didn't know what I'd have to do to get the gun out of my name at this point, so I looked around and found form BOF 4546 on the DOJ's website; "Notice of no longer in possession." I called the DOJ's Firearms bureau and was told that "The DOJ doesn't handle firearms that go through the mail, you need to contact ATF." I dont know that the agent fully understood my question, as ATF doesnt care about what California law is - and the Arizona FFL said he just needs a bill of sale from me. I clicked through the ATF's website anyway and found:

""

...which is exactly what I thought the situation was in the first place!

So, any FFL folks out there, what the heck do I need to do to legally get the firearm to Arizona, get it out of my name with the DOJ, and move on with life?

[lorax3]

Post #3 in the last thread was the correct answer.

you covered it all,

1. you ship the pistol to the FFL via UPS/Fedex (do not use USPS, it is prohibited for non-licensees to mail handguns). include the bill of sale that the AZ FFL wants. ***or, you could hand deliver the firearm to the AZ fiirearm****
   
2. fill out the NLIP form and send it to CADOJ listing the AZ FFL that you shipped it to.
   
3. done.

Don't call the DOJ for anything related to federal law. They don't know.

Don't be surprised if the AZ FFL tells you that you don't need an FFL at all for a private party transfers. While that may be true under AZ law, federal law requires use of an FFL to facilitate a handgun transfer between the residents of different states.

[highmeh]

Post #3 in the last thread was the correct answer.



Don't call the DOJ for anything related to federal law. They don't know.

Don't be surprised if the AZ FFL tells you that you don't need an FFL at all for a private party transfers. While that may be true under AZ law, federal law requires use of an FFL to facilitate a handgun transfer between the residents of different states.

Thank you. Someone said to cross-post here, so I figured it couldn't hurt. The AZ FFL understands the situation and is willing to receive the firearm. I am more concerned with the California side of the law than the Arizona side - going from one of the most restrictive states makes me a bit leery. So long as I'm in the clear with California law, I'm fine doing the above. Thanks!

[acespawnshop]

The problem with filling out the no longer in possession form is that its my understanding that even when you fill out that form it still shows up in the AFS as belonging to you. I don't think they update the AFS when you mail in that form. (I could be way wrong here just passing on the info, or FUD, that I was told)

But you have two options. Ship it yourself overnight, and that can be pricey. or have a cooperative FFL ship it for you via USPS, way cheaper if they don't charge exorbitant fees.

Then fill out your NLIP form and mail it in. I would keep the tracking number and utilize the ATF's EZ check system so you have proof you mailed it to a bonafide FFL keep this and any sales info like a gunbroker auction printout with your paperwork and neatly file them in a safe place.

Thats how I would do it if I was to sell a personal firearm.

[ke6guj]

The problem with filling out the no longer in possession form is that its my understanding that even when you fill out that form it still shows up in the AFS as belonging to you. I don't think they update the AFS when you mail in that form. (I could be way wrong here just passing on the info, or FUD, that I was told)

I believe they just put a note in AFS that you reported that you are NLIP. they don't delete the record.


if the gun was never reDROSed in CA, you'd still be the last person on record as owning the gun. if you gave it to a CA FFL to ship it to the AZ FFL, you'd still have to do a NLIP and the above would apply. if you sold it to a CA FFL and he listed it on gunbroker and sold it out of state, you'd still be the last CA person on record in AFS even if you did the NLIP.