Off Roster Guns/PPT QUESTION

[ChickenLips]

Seller on Marketplace is selling "off roster" handguns. He moved from out of state and has NOT done any CFARS transfers but is selling them here in CA, where seller now resides. Can they be PPT sold without the seller "registering" them when moving into CA? Seller claims to have done this many times.
Isn't this in illegal import to begin with?
If this is legit, wouldn't this allow anyone to do a PPT with an unregistered gun claiming it was imported from out of state?
Seems to simple to just move from out of state and sell you guns when you get here with out first transferring/registering them.
Maybe I'm just Californinized...

[geedavell]

does he have a California ID?

[G-forceJunkie]

As long as he has a CA ID, he can sell them PPT no problem. It gets registered to the new owner, and thats all CA cares about.

[????? ????]

I only offer the following as statements of what the law is, not on what is intended by the law, or what is compliance with the law.

Penal Code section 27560 says:

(a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm importer shall do one of the following:

(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.

(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.

(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(4) Sell or transfer the firearm to a sheriff or police department.

(a)(1) is the BOF4010A New Resident Report by which a person "registers" a firearm by sending the paperwork to the California government, either by mailing the form or using CFARS.

(a)(2) is a reference to the Private Party Transfer law.

(a)(3) is selling it to a California licensed gun dealer.

(a)(4) is surrendering it to law enforcement.

The law does not say that (a)(1) is a requirement before doing (a)(2).

These actions are only available to a "personal firearms importer," as defined in Penal Code section 17000, which essentially is a person moving into California as a resident of California, wishes to import firearms acquired outside of California, and intends to possess those imported firearms in California. Whether someone is a new resident of California is determined by the factors listed in Vehicle Code section 12505.

[Quiet]

I only offer the following as statements of what the law is, not on what is intended by the law, or what is compliance with the law.

Penal Code section 27560 says:

(a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm importer shall do one of the following:

(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.

(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.

(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(4) Sell or transfer the firearm to a sheriff or police department.

(a)(1) is the BOF4010A New Resident Report by which a person "registers" a firearm by sending the paperwork to the California government, either by mailing the form or using CFARS.

(a)(2) is a reference to the Private Party Transfer law.

(a)(3) is selling it to a California licensed gun dealer.

(a)(4) is surrendering it to law enforcement.

The law does not say that (a)(1) is a requirement before doing (a)(2).

These actions are only available to a "personal firearms importer," as defined in Penal Code section 17000, which essentially is a person moving into California as a resident of California, wishes to import firearms acquired outside of California, and intends to possess those imported firearms in California. Whether someone is a new resident of California is determined by the factors listed in Vehicle Code section 12505.

Also note that...
If the person moving to CA brings firearms with the intent to sell them when they arrive in CA, then they no longer meet the CA legal definition of a "personal firearms importer" [PC 17000(a)(7)] and any handgun they bring to CA with the intent to sell must be listed on the Roster of Handguns Certified for Sale or be exempt from it. [PC 32000(a)(1)]

In addition...
Depending on the circumstances on how they are discovered, the amount of firearms they import with the intent to sell, and the amount of resources/time they invest in that endeavor; that person can also be determined to be an unlicensed firearms dealer under Federal laws. [18 USC 922(a)(1)(A)]



Penal Code 17000
(a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after January 1, 2014, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until January 1, 2014, and commencing January 1, 2014, a “personal firearm importer” means an individual who meets all of the following criteria:
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.

Penal Code 32000
(a)(1) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

18 USC 922
(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or