Need Advice on Rifle Transfer Procedures

[pro-nra]

[Mssr. Eleganté]

First, find out if the rifle is marked "Steyr" and "AUG" anywhere on it. I'm not familiar enough with the Steyr AUG series, but a brief internet search implies that the USR is a variant of the AUG. If it has "AUG" stamped on it anywhere then it could be a Roberti-Roos "assault weapon" (Category 1) in California.

If it isn't marked "AUG" anywhere then you still need to deal with the fact that the Steyr USR is a Category 3 "assault weapon" in California in its stock form. It would need a magazine locking device installed in it to be legal and it could only be used with 10 or less round magazines.

Next, the rifle would need to shipped or delivered to an FFL for transfer to you. There is no way for you to check first to see if the rifle is stolen property, unless you have a friend in law enforcement who is willing to risk getting in trouble by giving you access to the California Automated Firearms System.

If the guy doesn't have the rifle set up in a legal configuration right now and he's willing to ship the gun directly to you without going through an FFL then you should just walk away. At best you will be dealing with a sketchy situation, at worst you will be dealing with a set up to get you arrested.

[jtmkinsd]

There is no way for you to check first to see if the rifle is stolen property, unless you have a friend in law enforcement who is willing to risk getting in trouble by giving you access to the California Automated Firearms System.

Not really...he stated he has the serial number. He can always go to the nearest police station and ask if they will run the number. There may be a fee involved, but my experience is some departments will, and some don't offer the service.

[G-forceJunkie]

No offence, but lets see: Guy illegally aquires a rifle. Now wants to illegally ship it direct to you. You want to recieve it, illegally, and it is also possably still in assault weapon configuration. My advice...walk away, or drive and do the transfer FTF and make sure the rifle is clear before handing over all the money.

[jtmkinsd]

No offence, but lets see: Guy illegally aquires a rifle. Now wants to illegally ship it direct to you. You want to recieve it, illegally, and it is also possably still in assault weapon configuration. My advice...walk away, or drive and do the transfer FTF and make sure the rifle is clear before handing over all the money.

Pretty big assumption here, there is NO

[G-forceJunkie]

I took "bought it from a friend of his so I assume it was never “transferred” to his name" as meaning no FFL was involved otherwise previous owner would have a copy of the DROS from the transfer. If I took this incorrectly, I stand corrected. I suppose that the original owner could have sold it to the seller when they were both residents of another state that allowed cash and carry sales of long guns, then the seller moved to CA with it, after putting a mag lock on it. To get back on track, the OP needs to: Find a local FFL that will recieve the firearm and have the seller ship it there. You go in and do the DROS, and pick it up after 10 day. Now the tricky part, the seller is not going to ship without payment, and if the gun comes back stolen, your out a lot of money.

Pretty big assumption here, there is NO

[shtr45acp]

I'd stay away from the "deal"

[pro-nra]

No offence, but lets see: Guy illegally aquires a rifle. Now wants to illegally ship it direct to you. You want to recieve it, illegally, and it is also possably still in assault weapon configuration. My advice...walk away, or drive and do the transfer FTF and make sure the rifle is clear before handing over all the money.

I never said I want to "receive it illegally". I don't want to do anything illegal that's why I am asking on this board to people "in the know". From what the current owner is telling me is that this rifle was bought here in CA back in the mid 90s (when they first came out)? If in fact this is a CA rifle and bought in CA, does it require the mag lock still? The seller is willing to ship it to my local FFL so would that cover the legality of it? I will check the local police and ask if they are willing to run the numbers for me to see if it is clean.

Look guys/gals I am just asking the question here and not want to do anything illegal. I have not done anything and only gathering information so I can make a legal purchase. Thank you all for the information and keep them coming.

[jtmkinsd]

I never said I want to "receive it illegally". I don't want to do anything illegal that's why I am asking on this board to people "in the know". From what the current owner is telling me is that this rifle was bought here in CA back in the mid 90s (when they first came out)? If in fact this is a CA rifle and bought in CA, does it require the mag lock still? The seller is willing to ship it to my local FFL so would that cover the legality of it? I will check the local police and ask if they are willing to run the numbers for me to see if it is clean.

Look guys/gals I am just asking the question here and not want to do anything illegal. I have not done anything and only gathering information so I can make a legal purchase. Thank you all for the information and keep them coming.

Ok...you need to ask the seller a couple questions.

1. Is the firearm a registered assault weapon? If it is, you can't have it, even if a mag lock is installed, and he can't sell it, except to someone who can buy/possess AW's. If the answer is no, go to question 2.

2. Does the gun have a mag lock? If it does, he can ship it to your FFL for transfer. If it doesn't, he needs to get one on it ASAP (it's an assault weapon without a mag lock...detachable magazine plus at least one evil feature...thumbhole stock) before he ships it to your FFL.

[G-forceJunkie]

3000 of those rifles squeeked in before Clinton changed the "sporting" clause for importing arms around 1997. Since that rifle has been in California this whole time, the owner in 2000 had the choice of 1) removing it from the state 2) registering it as an assault weapon or 3) convert it to a fixed 10 round magazine or 4) let it become an illegal assault weapon. My guess is #4 happened because mag locks were not around in 2000 that I remember. In the meantime, if the owner installed a mag lock, the rifle would be in current compliance. So, if you want to buy this rifle, you need to: Make sure it is legal configuration: a magazine block is installed or converted to "featureless" config, ie the pistol/thumbhole grip is removed or blocked. Then have it shipped to an FFL to do the paperwork.

If in fact this is a CA rifle and bought in CA, does it require the mag lock still?

Yes, it became an illegal assualt weapon in 2000 unless changes were made, or reigstered.

The seller is willing to ship it to my local FFL so would that cover the legality of it?

No, in fact most FFL's won't touch it with a 10 foot pole if its an "assault weapon." If you could find an FFL with the proper licences to deal with assault weapon, they could receive it and modify it to comply. This option is probably slim to none.

I will check the local police and ask if they are willing to run the numbers for me to see if it is clean.

Excellent idea if they will do it for ya.

Look guys/gals I am just asking the question here and not want to do anything illegal. I have not done anything and only gathering information so I can make a legal purchase. Thank you all for the information and keep them coming.

And I'm sorry if my first post sounded bad, was not my intention. There is a boat load of illegal assault weapons out there, and some time the owners themselves don't realize it just because they have not kept up with the changing laws. Then an unsuspecting buyer gets dragged in to their mess. Good luck.

[ke6guj]

Ok...you need to ask the seller a couple questions.

1. Is the firearm a registered assault weapon? If it is, you can't have it, even if a mag lock is installed, and he can't sell it, except to someone who can buy/possess AW's. If the answer is no, go to question 2.

If it was a RAW, the owner could install a maglock (and possibly add a muzzle-device so that makes 30" OAL, if it is currently <30")and then de-register it with CADOJ so that it is no longer a RAW. Once it is de-registered, he could then transfer it to your FFL.

[jtmkinsd]

If it was a RAW, the owner could install a maglock (and possibly add a muzzle-device so that makes 30" OAL, if it is currently <30")and then de-register it with CADOJ so that it is no longer a RAW. Once it is de-registered, he could then transfer it to your FFL.

You're right...I was thinking about the kittens