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Interstate Transfer - Long Gun/Rifle(Non-CA) - Clarification Needed

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  • König
    Junior Member
    • Jul 2020
    • 20

    Interstate Transfer - Long Gun/Rifle(Non-CA) - Clarification Needed

    Hello,

    I know Interstate Transfers are a frequent topic on the forums here, but a search couldn't find the answers I was looking for and neither could reading writing on the topic by attorney C.D. Michel... So here I am.

    I'm looking for clarification on the import of a complete long gun/rifle (that is currently not CA compliant - though I will make featureless) into CA through an FFL, but want to provide the seller clarification on how to ship and obviously also stay within the laws on my side as well. I understand that the upper and lower need to be separated, because by themselves they don't constitute a "assault rifle"... However, in practice I'm not sure how this works with shipping to the CA FFL.

    Questions:

    - Do both upper and lower need to be separated not only physically, but in separate shipments with separate invoices?
    OR
    - Can they be shipped in the same box together but physically separated and be put on the same invoice with two line items?

    - It Comes with an A2 Birdcage Flash Hider - Would this need to be removed as well? Or can it shipped on the barrel and I can remove myself to make sure it's compliant when the complete rifle is put together?

    - Bonus: If it comes with a standard capacity mag, can that be legally shipped to the FFL, whom I can then pay to block to 10? Or am I better off telling them to keep it?

    Thanks in advance for your help!
    Last edited by König; 09-21-2020, 12:40 PM. Reason: Added Question on Flash Hider
  • #2
    Nardo1895
    Senior Member
    • Jun 2016
    • 965

    If it was me, I'd just tell the shipper to make sure they are not assembled. I would not require they be shipped separately. However, you might want to just have the lower shipped to the FFL and the upper shipped directly to you. Only the lower is a firearm.

    The flash hider does not need to be removed. As I recall, the flash hider only needs to come off if you end up doing a featureless build so you can retain the standard mag release. In any case, its fine to stay on the barrel for shipping as long as the upper is separated from the lower.

    If your receiving FFL has a high capacity magazine license they are legally allowed to do a permanent 10-round conversion. But I think you could buy a 10 round mag for less than what they would charge you to convert.

    Make sure your receiving FFL is ok with any/all of this. Just because its legal doesn't mean all FFLs will do it.

    Comment

    • #3
      König
      Junior Member
      • Jul 2020
      • 20

      Originally posted by Nardo1895
      If it was me, I'd just tell the shipper to make sure they are not assembled. I would not require they be shipped separately. However, you might want to just have the lower shipped to the FFL and the upper shipped directly to you. Only the lower is a firearm.

      The flash hider does not need to be removed. As I recall, the flash hider only needs to come off if you end up doing a featureless build so you can retain the standard mag release. In any case, its fine to stay on the barrel for shipping as long as the upper is separated from the lower.

      If your receiving FFL has a high capacity magazine license they are legally allowed to do a permanent 10-round conversion. But I think you could buy a 10 round mag for less than what they would charge you to convert.

      Make sure your receiving FFL is ok with any/all of this. Just because its legal doesn't mean all FFLs will do it.
      Great insights here - thank you! Unfortunately, some of the FFLs around me stopped doing this or even PPTs with everything going on. Ideally I wouldn't have to go out of state... But sign of the times I guess.

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