Buying Handgun

[kemasa]

12125. (a) Commencing January 1, 2001, any 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
any unsafe handgun shall be punished by imprisonment in a county
jail not exceeding one year.
(b) This section shall not apply to any of the following:
...
(4) The sale or purchase of any pistol, revolver or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff's official, any marshal's
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or the military or
naval forces of this state or of the United States for use in the
discharge of their official duties. Nor shall anything in this
section prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable of being
concealed upon the person.
...

Are you considered part of a police department? I am not sure that military police are exempt, but it is possible.

There is also the exemption for the military, but I am not sure if personal use would be covered.

[Blacc456]

I want to get my father's S&W 5906 but he lives in PA and I wanted to know is it possible to have him send it to a FFL here in California? The 5906 isn't on the approve list but since he is family is that legal to do here in this state?

Called DOJ got my answer thanks.

[ke6guj]

I want to get my father's S&W 5906 but he lives in PA and I wanted to know is it possible to have him send it to a FFL here in California? The 5906 isn't on the approve list but since he is family is that legal to do here in this state?

Called DOJ got my answer thanks.

and what did they say?

Yes, you can, but it must go through a CA FFL as a roster-exempt intrafamily transfer.
Yes, and alll your have to do is fill out the intrafamily transfer form, no need for an FFL
or NO, you can't get it from him because it isn't on the roster.

[kemasa]

The correct answer would be: Yes, you can, but it must to go through a CA FFL as a roster exempt intrafamily transfer. Hopefully that is the answer that the DOJ said.

[Blacc456]

Actually I was told "no" because it isn't on the California approved list, but they told me if we did it in person then I can do the intrafamily form but it couldn't be shipped because it would be denied by the DOJ system. I'm in the military stationed in California and we're from PA so my father would have to send me the gun from PA.

[kemasa]

Well, you might want to ask again. It can not be done in person since you and your father are residents of different states and that would violate Federal law. There is a thread on this issue and I was told that the way to do it was to submit it as exempt, although I would have to look up the exact code to use.

[Blacc456]

I have a new question.

I'm in the military and want to get a gun. Do I have to have CA DL/ID to meet the requirements for it to be PPT? Also can I purchase a gun from somebody say in SoCal and they ship it themselves through UPS and it meet the PPT requirement or is that a no go?

The thing is I got a new gun 2wks ago and want to get used gun from a person but he is in SoCal and he would ship it himself through UPS, that's why I am asking these questions.

Thanks.

[kemasa]

The DROS submission shows that the ID can be CA ID, CA DL or Military ID. I am not sure if it is accurate though.

A PPT is where both parties go to the same FFL and conduct the transfer, so if it is shipped, it is not a PPT.

[eldog36]

The CA DOJ really is making my head spin, I'm also sorry if this has been discussed relentlessly but I'm trying to figure out a way to get a Gen 4 Glock 23 (I've been patiently waiting for its release) It's hard trying to piece together answers from a thousand different threads.

As far as I understand it the only way I could procure the off list Glock via PPT would be purchasing it from a LEO, I'm not a LEO nor do I know any.

I do however know people in the military but they are out of state. If they wanted to transfer the Glock to me via FFL would it be legal/possible? Is Military under the same rules as LEO?

Maybe I should just give up and get the Gen 3

[jtmkinsd]

I have a new question.

I'm in the military and want to get a gun. Do I have to have CA DL/ID to meet the requirements for it to be PPT? Also can I purchase a gun from somebody say in SoCal and they ship it themselves through UPS and it meet the PPT requirement or is that a no go?

The thing is I got a new gun 2wks ago and want to get used gun from a person but he is in SoCal and he would ship it himself through UPS, that's why I am asking these questions.

Thanks.

If you use your military ID to purchase a gun in california you will need to bring, of course, your military ID, your home state driver's license/ID, and a copy of your military orders to a duty station in CA to prove residency in this state. You may use your military ID for an exemption to the HSC (Handgun Safety Certificate) requirement AND the safe handling affadavit.

Helpful hint: WRITE DOWN THE FULL ADDRESS OF THE BASE YOU ARE STATIONED AT AND BRING IT WITH YOU. It needs to go on the 4473 form as a secondary address.

NOTE: If you are in the Navy and live aboard your ship it opens a whole different can of worms because your duty station will have an FPO (Federal Post Office) box number and that is not an acceptable address (ABSOLUTELY NO POST OFFICE BOXES). We've done them in the past and were told by the authorities that be to just put down the FFL dealers address...lol

As for the PPT question you had,

In order for a PPT to take place both parties must be present at the time the DROS is done. ALL other transactions are treated the same as if the firearm was shipped in from out of state. Which, unfortunately, means a higher fee.

[tenpercentfirearms]

The CA DOJ really is making my head spin, I'm also sorry if this has been discussed relentlessly but I'm trying to figure out a way to get a Gen 4 Glock 23 (I've been patiently waiting for its release) It's hard trying to piece together answers from a thousand different threads.

As far as I understand it the only way I could procure the off list Glock via PPT would be purchasing it from a LEO, I'm not a LEO nor do I know any.

I do however know people in the military but they are out of state. If they wanted to transfer the Glock to me via FFL would it be legal/possible? Is Military under the same rules as LEO?

Maybe I should just give up and get the Gen 3

The only way you can get the Glock Gen4 is to find a dealer that doesn't realize it isn't on the list and DROS it to you as a Glock 23 even though it isn't a Glock 23 or to do it through a private party transfer. Now if the DOJ ever figured this out, it might not be out of line to expect the DOJ to notify the dealer that they have to get that gun back from you. Do you have to? You would probably end up paying a lawyer to find out.

In a PPT, both parties must have valid ID and come into the gun shop. No one out of state other than your direct bloodline relatives could ship it to your FFL and it be exempt.

[kemasa]

There are several ways you can buy it other than a PPT. Not all are an option for all people.

If you have a parent/grandparent/child/grandchild out of state, they can buy it and transfer it to you. If you have a friend who meets those conditions, they can get it and then do a PPT to you. Of course, there could be legal issues due to all of this in order to get around the law. I have no idea of what the DOJ might do if they knew what was done.

You can move out of state for a bit and then buy it and move back. A friend could do the same.

[eldog36]

Thanks for everyone's replies, I decided to avoid the headache of crafting a string of ways to get the gen 4 and then worry about the legal implications. I just purchased the 27 for it's concealability and the fact that there isn't a new version coming for a while, so if i want to sell it in the future I won't have to contend with the gen 4's. Now I need to not think about it for 10 more days.

[AudiA]

Sorry to thread hi-jack, but I think this thread http://www.calguns.net/calgunforum/s...ad.php?t=47372 would be in line with the OP as far as Dros eligibility. Does anyone know if this info is still valid?

[tacticalcity]

POST #2 is 100% correct when the guns are handguns. Good news is, it doesn't apply to long guns.

You can only purchase 1 new handgun every 30 days. However you can purchase more than one long-gun at a time. I typically buy 3-long-guns on the same DROS when I go into buy guys. That way I can spread the DROS fees accross all 3 guns. A $60 DROS/Receiving Charge becomes $20 per long-gun. Unfortunately, you can't do that with handguns unless doing PPT which usually means used guns.