Tricky FFL Question. Need some help.

[mudhenhunter]

This question stumped me and several gun store employees...

Facts: My brother in law is currently active duty in the Army. He is stationed in the midwest. He is still a California resident as he pays taxes every year to CA. He will soon be going overseas. He bought a FNP 45 in the state in the midwest. The FNP 45 is not currently on the CA DOJ list of approved pistols even though it's brothers the FNP 9 and FNP 40 are.

Question: Can he sell me the pistol? I am a CA resident. Firearms outside of the CA DOJ list can be transferred by private party between ca residents right?

Thanks for the help guys.

[Librarian]

That works only if your brother is a CA resident.

Taxes and other such things are not interesting to BATF. The only clear statement we have from the Feds is that military with PCS orders to a state are residents of that state for gun-buying purposes. California explicitly accepts that for servicemembers stationed in CA.

So, 'stationed in the midwest' suggests he is not currently a CA resident for gun purposes.

If that's the case, then the transfer would be an interstate transfer (midwest-state to CA), and would be subject to the Roster.

[Aiden]

+1 on Librarian's interpretation, if the gun was purchased outside of California, not on the drop test, it can not be brought into the state and then transferred.

[mudhenhunter]

thanks for the answers.