Urgent help needed on a C&R transaction

[Aircraftman]

[rromeo]

I'm pretty sure that you can't receive a handgun. It needs to go through an 01.
You can go to the other state, and bring it back yourself, or UPS it to yourself, but the dealer must send it to another dealer.

[Aircraftman]

The seller is a private party not a gun shop or dealer (FFL 01). He was willing to ship it directly to my FFL until he discovered I'm in CA.

I was under the impression that with the FFL 03 license the gun could be sent directly to me instead a FFL 01

[CSACANNONEER]

In California, almost ALL hanguns made after 1898 must go through an 01 and be DROSed! Interfamilar transfers and black powder (non cartridge) are the exceptions.

[PolishMike]

He is correct. It MUST go through an 01FFL.

[Mssr. Eleganté]

It's legal for you to pick it up from him directly if you travel outside of California. But, like everybody else has already said, the only way for you to receive it while inside California if from a California licensed dealer.

[ke6guj]

yup, everyone else covered it. The seller was correct in not sending you the C&R handgun direct. It must go through an 01FFL in CA or you can pick it up from the seller in person, and then report it when you bring it back to CA.

[dirtyJ]

I'm pretty sure that since you have an 03 and the COE you'll be able to take the gun home the same day that you DRoS it at the 01 though since it falls under the C&R regs for CA. That combo also exempts you from the 1/30 day rule.

[rromeo]

I'm pretty sure that since you have an 03 and the COE you'll be able to take the gun home the same day that you DRoS it at the 01 though since it falls under the C&R regs for CA. That combo also exempts you from the 1/30 day rule.

The issue here is that the gun is out of state.

[kemasa]

If it is shipped to a CA FFL, you are exempt from the waiting period since it is a C&R and you have a C&R FFL, along with the COE. The DROS is submitted and you walk out the door with it.

[Aircraftman]

Ok guys thanks for the education.

So I get this right, if I drive to Vegas, hand deliver a copy of my 03 FFL he can hand me the gun and I can drive it across state lines into CA. I then finish the paperwork as specified by the ATF packet I received with my license.

But he can not FedEx the gun to me, even if I express mail him a copy of my license prior to his sending it.

I understand the reasons for rules and regulations are hard follow, especially CA gun laws, but what is the reasoning behind prohibition on mailing, while pick up is legal????

Thanks again !!!

[CSACANNONEER]

Ok guys thanks for the education.

So I get this right, if I drive to Vegas, hand deliver a copy of my 03 FFL he can hand me the gun and I can drive it across state lines into CA. I then finish the paperwork as specified by the ATF packet I received with my license.

But he can not FedEx the gun to me, even if I express mail him a copy of my license prior to his sending it.

I understand the reasons for rules and regulations are hard follow, especially CA gun laws, but what is the reasoning behind prohibition on mailing, while pick up is legal????

Thanks again !!!

It's illegal for him to mail it to you because, that's the law here. If you are looking for a logical explaination for it, good luck.

If you go out of state and pick it up, you'll have to comply with all the ATF paperwork just like you said. You will also have to comply with California law and "register" it with Ca DOJ when you return to Ca.

[Mssr. Eleganté]

I understand the reasons for rules and regulations are hard follow, especially CA gun laws, but what is the reasoning behind prohibition on mailing, while pick up is legal????

CalDOJ is of the opinion that when you receive a firearm in California the transaction is taking place in California. That means you have to comply with the California law which requires all firearms transfers (except 50+ year old C&R long guns) to go through a California licensed dealer.

When you are outside of California you do not have to comply with California law. So a C&R FFL from California can travel out of the state an purchase C&R long guns of any age and C&R handguns in person.

[WALDSCHRAT]

If you are willing to go the extra expense; have him ship it to a FFL in a border state (I did this once using an FFL in Arizona). Then have the (e.g. Arizona FFL) ship it to a CA FFL01.

[Aircraftman]

Thanks again to everyone who helped me understand this. I do get the concept of “in-state or out-state” makes a difference on the procedures.

Sadly I missed out on getting my 1959 Python. The guy sold it to someone back east, he just did not want to have anything to do with a CA transaction/resident. I guess we really are on our own.

I wish to hell we could change our gun laws back to something more reasonable, but with the current political climate that doesn’t look likely.

Oh well I’ll just have to keep saving for that little ski cabin outside of Reno…

Best regards