01FFL located in CA, but unable to sell in state?

[beemaze]

Just out of curiosity...

I encountered a seller on GB, located in CA. Seller had a C&R pistol I was interested in. I asked if he was willing to sell in CA to me, an 03FFL with a COE. He said no. Basically, he said he could only sell out of state. I'm guessing he still has a valid 01FFL, but is not registered with the CA DOJ and/or not enrolled with the CFLC. Maybe there's more to it than that, but I'm just wondering why? One would think it best to get as much business as possible, but it appears for some it's too much of a hassle or too costly to be a gun dealer and sell within the state of CA?

Like I said, I'm just curious.

[kemasa]

If he does not have all the state and local permits, then the 01 FFL is basically not valid since it requires that you get all the required permits. It sounds like he can not submit the DROS, for some reason. This would cause problems for him to sell in CA, as well as having firearms shipped to him.

It may be that he is not a FFL at all. Are you sure that the firearm is legal in CA? Yes, it is a C&R, but there could aspects which would prohibit the sale in CA.

[eltee]

I know at least one active, licensed FFL who cannot DROS, no Centralized List status, etc. He had a home business FFL fully licensed, then moved to another county where they would not approve "Retail Sale of Firearms" for his home. BATFE ok'd his change of address and when they inspected they told him he could keep the FFL active. He uses it to keep his wholesale access active with distributors, etc. and does minor gunsmithing. He was even able to receive firearms wholesale and have another FFL (with CA licenses) handle the DROS's...until the implementation of the CFLC protocols. So, no more guns but only accessories.

The OP can check FFL status on the BATFE EZ check website.

[CSACANNONEER]

I know at least one active, licensed FFL who cannot DROS, no Centralized List status, etc. He had a home business FFL fully licensed, then moved to another county where they would not approve "Retail Sale of Firearms" for his home. BATFE ok'd his change of address and when they inspected they told him he could keep the FFL active. He uses it to keep his wholesale access active with distributors, etc. and does minor gunsmithing. He was even able to receive firearms wholesale and have another FFL (with CA licenses) handle the DROS's...until the implementation of the CFLC protocols. So, no more guns but only accessories.

The OP can check FFL status on the BATFE EZ check website.

If he does not have ALL permits needed, I doubt that his FFL is really valid at all. The ATF may not know that he doesn;t have ALL permits so, they don't know that his FFL is not really valid. If this is the case, he could get in a lot of trouble down the road.

[beemaze]

If he does not have all the state and local permits, then the 01 FFL is basically not valid since it requires that you get all the required permits. It sounds like he can not submit the DROS, for some reason. This would cause problems for him to sell in CA, as well as having firearms shipped to him.

It may be that he is not a FFL at all. Are you sure that the firearm is legal in CA? Yes, it is a C&R, but there could aspects which would prohibit the sale in CA.

The seller is on GB. He is selling other handguns, all off roster but the one in question is a C&R and on the BATF C&R list and not prohibited in CA by features (no "AW" features, semi-auto handgun, .22 caliber, no "hi-cap" mag, etc.) He has as 42 + feedback rating since 2001. Has told me in email that he has an FFL, is located in Riverside, CA, but cannot sell in the state of CA, only out of state, per CA DOJ. No DROS = No Sale in CA.

Very odd indeed, that is why I'm asking.

[ke6guj]

I recall an 02FFL (pawnbroker) that sold on gunbroker but did no instate sales. I've been meaning to stop in in person and ask them about if they did not want to do in-state sales, or couldn't.

[Mssr. Eleganté]

Penal Code Section 12083 deals with FFL's who are exempt from the requirement to become a "California licensed dealer". Subdivision (b) of 12070 list all of the people who are exempt from having to become a "California licensed dealer". So you have a situation where somebody is a "licensed dealer" according to BATFE but they are not a "California licensed dealer" according to CalDOJ. These FFL's need to pay a fee to CalDOJ to be added to the centralized list of exempted federal firearms licensees.

I'm assuming the seller on Gunbroker is one of these exempted FFLs.

[Ron-Solo]

Maybe I'm missing something, but C&R handgun sales still need to go thru an FFL in California, which is why he won't sell directly to you, even though you have a C&R + COE. The same reason you can't have a C&R handgun directly shipped to you from an out of state dealer. Otherwise, I'd have several sent to me from J&G.

????

[beemaze]

Maybe I'm missing something, but C&R handgun sales still need to go thru an FFL in California, which is why he won't sell directly to you, even though you have a C&R + COE. The same reason you can't have a C&R handgun directly shipped to you from an out of state dealer. Otherwise, I'd have several sent to me from J&G.

????

True, an 01 FFL has to do the DROS to me, an 03 C&R + COE. That's why I was asking...