Shipping off roster handguns

[mike818]

Hi guys I am trying to get a gun that is off roster and I know you can't buy one from an ffl but you can do private party transfers so my question is can I buy a gun from say GunBroker from a seller (not a dealer) and have him ship it to my local gun store?

[scifigunner]

No. A private party transfer is between California citizens in person at an FFL.

[Gryff]

No. The minute a gun is shipped to an FFL, it is treated as an Internet/Mail-Order sale, and the Roster is in full effect (regardless if it is coming from a private party inside of California).

The only way for a non-LEO to get around the roster is a Person-to-Person Transfer (PPT). These must be done with both people at the FFL together, and both parties must be California residents.

If you have a parent or child living out of state, they can buy an off-roster gun and then gift it to you. In that case, the Roster is not in effect and they can ship the gun to your FFL. The drawback is that since this is not a PPT, the fees that the FFL can charge to receive the gun are not limited by law. They can charge you whatever they want (usually $50 to $125 on top of the DROS).

[mike818]

Thanks guys I was hoping to find a way around this

[Cokebottle]

Thanks guys I was hoping to find a way around this

Only way around it is to move out of California.

[kemasa]

Only way around it is to move out of California.

Not quite. While that might be the best solution to the problem, you could also become a LEO and then you would be exempt.

[Gowking]

Not quite. While that might be the best solution to the problem, you could also become a LEO and then you would be exempt.

Or receive one from your parent or child.

[kemasa]

Or receive one from your parent or child.

Only if you have a parent or child (over 21) who lives out of state.

[Gowking]

Only if you have a parent or child (over 21) who lives out of state.

LOL, you don't say???

[rauldelga]

Can my friend in Utah drive to California and PPT me an off roster gun as a gift? Probably no...

Is it safe to assume that my grandparents in Utah can drive to California and PPT me an off roster gun as a gift? Can they mail it?

[acespawnshop]

Can my friend in Utah drive to California and PPT me an off roster gun as a gift? Probably no...

A PPT is a California thing between two California residents. So your answer is no.

Is it safe to assume that my grandparents in Utah can drive to California and PPT me an off roster gun as a gift? Can they mail it?

They can drive it to CA and do it as an interstate interfamily transfer and thus be roster exempt. Or they can mail it. But it would NOT be a PPT. It would be an interstate transfer and thus subject to whatever dealer fees your FFL charges for this service.

[acespawnshop]

Also, make sure this is an actual gift, not "hey Grandpa go buy me this pistol in Utah and ship it to my FFL in CA and Ill pay you back" type thing. Google the case Abramski v. United States and see how the original purchaser was charged with a straw purchase. If you're trying to get a bonafide gift here and that's your question we will be happy to help you find the solution to your problem. But you wouldn't want to have your Grandparents go buy you a gun and lie on Question 11A on the 4473 because they are not the actual transferee or buyer of the firearm(s).

https://en.wikipedia.org/wiki/Abramski_v._United_States

Here's the Wikipedia link. Its pretty easy to read and understand the facts of the case.

[bool1tholz]

Is it safe to assume that my grandparents in Utah can drive to California and PPT me an off roster gun as a gift? Can they mail it?

Search the forum for the keyword: intrafamilial
There are many threads related to this topic.
Here's one:

http://www.calguns.net/calgunforum/showthread.php?t=1179771

[acespawnshop]

Search the forum for the keyword: intrafamilial
There are many threads related to this topic.
Here's one:
http://www.calguns.net/calgunforum/s....php?t=1179771

Its amazing how straight forward this process is yet we get calls all the time from people asking if we can facilitate this type of transfer because another FFL wont do it for whatever reason.

[acespawnshop]

After doing some more reading on the Abramski case even pro 2 a Justice Scalia ruled that it was a straw purchase, just saying make sure everything is on the up and up.