A question for you FFL's

[Dimitri A.]

A question, actually a few for you FFL's, especially for those of you that have experience dealing with C&R firearms as well.

I have a friend that lives in Arizona (former CA resident). I have a gun that he's interested in that qualifies as a C&R. He has a gun I'm intersted in. We want to trade. The gun he has is off-roster. It was on-roster when he purchased it (HK USP compact) and is registered in CA, as he was living here when he purchased it way back when. Are we able to do a PPT for the HK?

With regard to the C&R gun that I have that he wants. Does a PPT also need to be done? Or are we able to just do a "cash & carry" since he will be taking it back to AZ with him? If the latter, how do I go about informing DOJ that I no longer own the firearm, and sold it to a resident from another state? Any special forms that we would need to fill out?

[tenpercentfirearms]

PPTs are completely dependent upon ID or Driver's License. If your friend no longer has a CA ID or DL, then you cannot lawfully do a PPT in California. As a result, the gun would need to be on the roster since it is not PPT exempt for the roster. If your friend no longer lives in California, you cannot give them guns outside of California without delivering the gun to an FFL in their state so they can do a transfer on the firearm.

I do believe there is a form you can fill out to tell the CA DOJ that you are no longer in possession, but why? If you lawfully give it to an out of state FFL and they ever come asking about it, tell them what you did with it. Done.

[Quiet]

PPTs are completely dependent upon ID or Driver's License. If your friend no longer has a CA ID or DL, then you cannot lawfully do a PPT in California. As a result, the gun would need to be on the roster since it is not PPT exempt for the roster. If your friend no longer lives in California, you cannot give them guns outside of California without delivering the gun to an FFL in their state so they can do a transfer on the firearm.

I do believe there is a form you can fill out to tell the CA DOJ that you are no longer in possession, but why? If you lawfully give it to an out of state FFL and they ever come asking about it, tell them what you did with it. Done.

Since 1968, Federal laws have prohibited the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3),(5)]
Failure to utilize a FFL equates to Federal felonies for the transferor and transferee. [18 USC 924(a)(1)(D)]

In order to be legal under Federal and AZ laws...
The transfer from a CA resident to an AZ resident must be done through an AZ FFL dealer.

In order to be legal under Federal and CA laws...
The transfer from an AZ resident to a CA resident must be done through a CA FFL dealer.

Since the transfer between a CA resident and a resident of another State is not considered a PPT, the transfer of a handgun requires the handgun to be listed on the Roster of Handguns Certified for Sale or be exempt from it (LEO, C&R, OTP, out-of-state operation of law/intra-familial transfer, SAE, SSE2).

There is no legal requirement to submit a Notice of No Longer in Possession.
In order to be processed, the Notice of No Longer in Possession due to transfer out-of-state requires the out-of-state FFL dealer's info (name, address, phone #, FFL#) and the out-of-state buyer's info (name, address, phone #).
If the Notice of No Longer in Possession does not have all of the required info, then it will be held as "pending" until all of the required info is submitted.
Completed submission of the Notice of No Longer in Possession does not delete that firearm's AFS record, but just updates it with the new owner's info and moves the transferor's info to the previous owner file of the firearm's AFS record.