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Hypothetical question about receiving a non-compliant rifle

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  • CS Sports
    Member
    • Jan 2011
    • 297

    Hypothetical question about receiving a non-compliant rifle

    Hypothetically speaking, what would you do if you received an AR from an out of state shipper that was in non-Ca compliant form?

    I've not had it happen, but I wonder how I'd handle it since I do not have an AW permit.

    For the sake of discussion lets just say that I am doing an out of state transfer for a customer, non-FFL shipper.
  • #2
    ASD1
    1/2 BANNED
    CGN Contributor - Lifetime
    • Apr 2012
    • 1793

    Well the shipper has comited a "F" by shipping a AW into CA

    you not being an AW dealer can not ship it back or have it in your shop or you will catch a "F"

    If this were to happen i would think you would call doj ASAP an have them tell you what they want you to do

    I would think they would have someone come get it
    sigpic

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    • #3
      Toby's Tactical
      Member
      • Oct 2012
      • 241

      I would double check because I'm sure it arrived in CA legal configuration, with a bullet button, separated upper/lower, etc., hypothetically.
      Last edited by Toby's Tactical; 02-04-2013, 7:21 PM. Reason: Text
      Toby's Tactical
      07FFL/02SOT
      Mountain View, CA

      Comment

      • #4
        JDay
        I need a LIFE!!
        • Nov 2008
        • 19393

        Tell your customers to have the upper shipped to them and only the lower shipped to you. This way you will not have to deal with this happening, unless the lower is listed by name that is.
        Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

        The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

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        • #5
          tenpercentfirearms
          Vendor/Retailer
          • Apr 2005
          • 13007

          Ship it back. You don't know if it is a DOJ sting.
          www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

          Comment

          • #6
            Toby's Tactical
            Member
            • Oct 2012
            • 241

            Can one ship it if not permitted for AW's?
            Toby's Tactical
            07FFL/02SOT
            Mountain View, CA

            Comment

            • #7
              CS Sports
              Member
              • Jan 2011
              • 297

              Originally posted by tenpercentfirearms
              Ship it back. You don't know if it is a DOJ sting.

              Originally posted by Toby's Tactical
              Can one ship it if not permitted for AW's?

              And these two posts succinctly summarize my question. This seems like a great way for an FFL to get caught in a Catch-22.

              Comment

              • #8
                ASD1
                1/2 BANNED
                CGN Contributor - Lifetime
                • Apr 2012
                • 1793

                You cant ship it
                You cant have it in your shop

                I would think the best bet would be to call DOJ asap and tell them what happend an ask them what thay want you to do with it

                As others have said YOU do not know were it came from

                If you ship it you are working out side of your lic
                If you work on it you are working out side of your lic
                If you have it in your shop your lic dose not cover it

                Yes a messy catch 22
                Last edited by ASD1; 02-05-2013, 11:21 AM.
                sigpic

                Comment

                • #9
                  JDay
                  I need a LIFE!!
                  • Nov 2008
                  • 19393

                  Originally posted by tenpercentfirearms
                  Ship it back. You don't know if it is a DOJ sting.
                  If it is a sting then it is a very clear case of entrapment.
                  Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

                  The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

                  Comment

                  • #10
                    CS Sports
                    Member
                    • Jan 2011
                    • 297

                    The biggest problem with calling the DOJ us that no one answers the damn phone. I've called many times with questions, have only gotten a call back once, and that person left a number for a line that was never answered.

                    Comment

                    • #11
                      JDay
                      I need a LIFE!!
                      • Nov 2008
                      • 19393

                      Originally posted by CS Sports
                      The biggest problem with calling the DOJ us that no one answers the damn phone. I've called many times with questions, have only gotten a call back once, and that person left a number for a line that was never answered.
                      You have to hangup and call back when the recording answers if you want to get a live person. Usually takes me 3 tries. Another option would be to call the local PD to come pick it up.
                      Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

                      The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

                      Comment

                      • #12
                        kemasa
                        I need a LIFE!!
                        • Jun 2005
                        • 10706

                        I called the DOJ and a person actually answered. Since it is not written, it does not help much, but what I was told is that if you receive such a firearm you need to immediately ship it back (which is a problem if it does not come from a FFL or if you don't have a copy of the FFL). I was told that it was "illegal" if you record it in your bound book, which is a Federal issue and the CA DOJ should not be speaking about that. I was also told that you can not take it apart to make it no longer a so-called a-salt weapon.

                        I was told that if you don't have a firearm overnight, that you don't have to log it into your bound book, which seems strange to me. Of course, you can have multiple bound books, so you could have a secret (to the DOJ) bound book for such firearms.

                        As an added bonus, I asked about shipping a personally owned CA registered so-called a-salt weapon out of state and I was told that it was legal, although I thought that the law said that only CA FFLs with an a-salt weapon permit was allowed to ship such a firearm from within CA.
                        Kemasa.
                        False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                        Don't tell someone to read the rules he wrote or tell him that he is wrong.

                        Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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