PPT/DROS Question

[MacFly]

If I’m a buyer on a PPT, how would I know the seller has legally registered an off-roster firearm in CA?

And let’s say we moved forward with the PPT based on his ‘word’, I’m assuming my DROS would be denied once it comes back the firearm is not legally registered.

Thanks in advance.

[SkyHawk]

Firearms do not have to be registered to sell. For instance CA law says new residents can either sell OR register them within 60 days of moving here.

I have bought more than a few off roster pistols from new residents who never registered them, including from some who it turned out had been here way longer than 60 days, and never had a problem.

The only thing that will hold it up is a serial number listed as stolen.

And there is no way for you or the FFL to know if the gun is listed in AFS.

[Librarian]

'Registration' in CA is an artifact of transfer paperwork. It is not a requirement to own or possess.

Many guns in CA are not known to the state. Under the law in 2020, that is legal.

[MacFly]

Firearms do not have to be registered to sell. For instance CA law says new residents can either sell OR register them within 60 days.

I have bought more than a few off roster pistols from new residents who never registered them, including from some who it turned out had been here way longer than 60 days, and never had a problem.

The only thing that will hold it up is a serial number listed as stolen.

And there is no way for you or the FFL to know if the gun is listed in AFS.

Got it! So what would stop someone living in AZ to come to CA to sell off-rosters?

And as I understand it, there's no real way to check a serial number - right?

'Registration' in CA is an artifact of transfer paperwork. It is not a requirement to own or possess.

Many guns in CA are not known to the state. Under the law in 2020, that is legal.

Understood, thanks!

[edgerly779]

Person from az would have to have ca id. If they have proper id then no problem ftf.

[MacFly]

Person from az would have to have ca id. If they have proper id then no problem ftf.

Ok, that makes sense. And 2nd proof of CA residence, of course.

[9Cal_OC]

Got it! So what would stop someone living in AZ to come to CA to sell off-rosters?

And as I understand it, there's no real way to check a serial number - right?



Understood, thanks!

[ugimports]

Ok, that makes sense. And 2nd proof of CA residence, of course.

Seller doesn't need anything but a CA ID/DL to sell. Plus citizenship docs if not a US citizen.

[P5Ret]

Most likely not having a CA DL/ID.

If that person does hold CA ID, then it’d be a federal felony per handgun for importation.

What? You may want to fact check yourself on that one.

[Librarian]

What? You may want to fact check yourself on that one.

No, that's right. 18 USC 922 (a)(3) - unlawful

(3) for any person,

other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector

to transport into or receive in the State where he resides

(or if the person is a corporation or other business entity, the State where it maintains a place of business)

any firearm purchased or otherwise obtained by such person outside that State,

If the person is (only) a CA resident and somehow gets a gun out of state, bringing it back to CA would violate that law. (Exclusive of inheritance, though then CA law about 'immediate family' enters.)

[P5Ret]

No, that's right. 18 USC 922 (a)(3) - unlawful

If the person is (only) a CA resident and somehow gets a gun out of state, bringing it back to CA would violate that law. (Exclusive of inheritance, though then CA law about 'immediate family' enters.)

Not what is being discussed, nor is it pertinent to the post he responded to an Az resident coming to Ca selling off roster.

More than likely he's trying to reference 27585 CPC, as nowhere in the post he responded to was there any indication of a Ca resident receiving a firearm outside of Ca.

[edgerly779]

He can not recieve off roster handgun from outside of ca except for intrastate intra familial.

[RickD427]

Where did you get the idea that a DROS would be denied if the firearm was not legally registered?

[MacFly]

Where did you get the idea that a DROS would be denied if the firearm was not legally registered?

I assumed. So a off roster firearm not registered in CA can be PPT'd without issue?

[RickD427]

I assumed. So a off roster firearm not registered in CA can be PPT'd without issue?

Yup.