Non roster handguns

[mudpuppy100]

New here so please bear with me,
I haven't dealt with handguns in years so can someone clarify for me?
Am I allowed to import non roster handguns that are held in inventory for out of state sales?
Thanks.

[troysland]

Welcome. Answer is no. An off roster handgun can only be acquired through a private party transfer from someone who already owns one in this state.

[mudpuppy100]

Then I'm left wondering how both the handgun roster deal and the CFLC don't unlawfully regulate interstate commerce, which regulation is a Federal domain only.

[Baconator]

Then I'm left wondering how both the handgun roster deal and the CFLC don't unlawfully regulate interstate commerce, which regulation is a Federal domain only.

http://www.calguns.net/calgunforum/archive/index.php/t-451410.html

Somebody had this idea.

[mudpuppy100]

As I read Pena it relies on the Second and 14th amendments as a legal basis, not the interstate commerce clause.
If one FFL wishes to sell a firearm to a CA FFL for the purpose of the second FFL making an out of state sale it's hard for me to see how CA is not improperly regulating interstate commerce.
The same goes for requiring an out of state FFL to submit to CA regs (CFLC) in order to transfer a gun to a CA FFL which may never be transferred intrastate.

[Baconator]

Under that argument California would have no right to not allow certain cars here under emissions laws and New York wouldn't be able to ban certain sizes of soda. Both things affect interstate commerce.

Sent from my Galaxy Nexus using Tapatalk 2

[troysland]

You are finding out how corrupt and unfair this state is in regards to the 2A. Thes guns are in no way illegal. In fact there are CA FFL's who sell these guns to LEO's. Officers of the law are exempt. A very common way for civilians to purchase off-roster handguns are through The Single Shot Exception. Which means if the firearm has the capacity to shoot only one round, the roster no longer applies. This is done by rigging the follower in a magazine to accept only one round. I'm not sure if this is done by welding or a rivet that prevents the follower to be pressed in to allow more than one round. There are some FFL's on this board that provide this service. Just search SSE.

[troysland]

If you are in Southern CA, check out EBR Works.

http://www.calguns.net/calgunforum/showthread.php?p=9371901&highlight=SSE#post9371901

[mudpuppy100]

Under that argument California would have no right to not allow certain cars here under emissions laws and New York wouldn't be able to ban certain sizes of soda. Both things affect interstate commerce.

Sent from my Galaxy Nexus using Tapatalk 2

California receives a specific exemption from the Feds to regulate what would ordinarily be solely a Federal EPA area, regarding emissions.

A transfer between FFLs across state lines is by definition purely interstate commerce, even more so than normal because each person engaged in that commerce has a Federally granted license to engage in such commerce.
If I choose to then sell to a CA citizen, CA can regulate that intrastate sale to the extent it may under the second amendment, but until then I don't see how interstate transfers between FFLs are subject to state regulation.

[Baconator]

Well here is what the CGF has been working on in regards to the roster

http://www.calguns.net/calgunforum/showthread.php?t=179227

It's been a 3 year process, and it's still going. Just because something is illegal doesn't mean they won't do it.

[mudpuppy100]

Thanks for the info troysland, but I'm in poking around Dan Wesson Supermag territory.
Guess I could have somebody weld up five of the chambers.

[mudpuppy100]

Thanks Baconator. Unfortunately that suit only addresses 2nd and 14th Amendment aspects of the law and probably would have a hard time addressing interstate commerce since the plaintiff(s) are private citizens pleading for intrastate sales.

I emailed Eugene Volokh shortly after the CFLC scheme was passed, but while he acknowledged I had a good point and was probably correct about the interstate commerce aspects he was not otherwise interested.

[ke6guj]

Thanks for the info troysland, but I'm in poking around Dan Wesson Supermag territory.
Guess I could have somebody weld up five of the chambers.

no need to do that, just have it converted into a dimensionally compliant single-action revolver.

32100. (a) Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to a single-action
revolver that has at least a five-cartridge capacity with a barrel
length of not less than three inches, and meets any of the following
specifications:
(1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled and that is currently approved for
importation into the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of Title 18 of the
United States Code.

[mudpuppy100]

Single action would definitely be better than single shot.

[ke6guj]

Single action would definitely be better than single shot.

yup, and then you get to convert it back to double-action at a later point.