Off List Handgun Sales

[glockman19]

Thanks to everyone who has responded to this question. I guess I need to go further with my question as the responses received so far have left me still a bit unsure. Here it goes again:
If we purchase the firearms then they must be on the California approved list??

Apparently YES, however I have bought off list handguns from a FFL's personal collections, NOT his inventory. That seems to be the difference in my answer and Ptusa's posts.

So do you want to purchase the firearms? or does he want to put them on consignment for sale?

Why would you want to buy them for inventory?

I don't believe you did, but perhaps. I'm not clear on the what the distinction of returns means in that language, and you shouldn't guess either. I think it's best to let an FFL provide clarification. There may also be special licensing requirements for consignment sales that OP is unaware of.

What more can I do than reprint directly form the CA DOJ website?

Perhaps tenpercentfirearms will chime in and give us the definitive answer.

[survival-country]

Apparently YES, however I have bought off list handguns from a FFL's personal collections, NOT his inventory. That seems to be the difference in my answer and Ptusa's posts.

So do you want to purchase the firearms? or does he want to put them on consignment for sale?

Why would you want to buy them for inventory?



What more can I do than reprint directly form the CA DOJ website?

Perhaps tenpercentfirearms will chime in and give us the definitive answer.

We don't really want to purchase the firearms, we would rather just consign them or help him find buyers. We were just covering all bases to find out which method would be most adventitious.

[DEPUTYBILL]

I think that your shop could buy them, but if not on the roster, you could only sell them to exempt(LEO"s), or SSE them.
If he puts them up for consignment, the roster would not apply.
If any of the guns come with +10rd magazines, you could only buy them if you have a hi-cap mag permit. Unless they are parts kits. This may change depending on what current bills become law.
Also, you need a second hand license to sell on consignment. I think the above is correct.

[survival-country]

Thanks.

[DuneShoot]

I just bought a used non roster gun from a dealer. He said he took them in on a trade so I would assume the shop technically owns them? If so was the sale of one to me illegal assuming I'm not a LEO?

I asked if they were a consignment gun and they said no but the receipt says consignment. Sales tax was charged.

[emtmark]

Let me throw this out there, a buddy in nv has a sr22. Can he drive it here to me in CA and PPT to me or is that illegal importation? Second if he ffl to ffl ships the gun is it still considered an importation rather than a PPT and thusly not eligible for transfer?

I really really want one! he's willing to let me buy it for 200$ if I can find a way to do it !!

[DEPUTYBILL]

Let me throw this out there, a buddy in nv has a sr22. Can he drive it here to me in CA and PPT to me or is that illegal importation? Second if he ffl to ffl ships the gun is it still considered an importation rather than a PPT and thusly not eligible for transfer?

I really really want one! he's willing to let me buy it for 200$ if I can find a way to do it !!

PPT can only be done with both parties being Ca. residents. If shipped to Ca. FFL to FFL it can not be a PPT. Short answer is no.

[ptusa]

I just bought a used non roster gun from a dealer. He said he took them in on a trade so I would assume the shop technically owns them? If so was the sale of one to me illegal assuming I'm not a LEO?

I asked if they were a consignment gun and they said no but the receipt says consignment. Sales tax was charged.

Consignment...

[emtmark]

Bah! thx for clarification

[Elite Armory]

yes, you need a second hand dealers license to both buy and consign guns.if you buy off roster guns you cannot sell them to regular civilians. you can only sell them out of state or to law enforcement. if you consign them then you can sell them to anyone. You would need to run the transaction as a private party transfer.

[kemasa]

If we purchase the firearms then they must be on the California approved list??

No, it just limits who you can sell them to.

I just bought a used non roster gun from a dealer. He said he took them in on a trade so I would assume the shop technically owns them? If so was the sale of one to me illegal assuming I'm not a LEO?

I asked if they were a consignment gun and they said no but the receipt says consignment. Sales tax was charged.

If he took them in on trade, then it would not be consignment and so it could not be transferred unless you were exempt. It seems like he played games and did not legally transfer the firearm.

Let me throw this out there, a buddy in nv has a sr22. Can he drive it here to me in CA and PPT to me or is that illegal importation? Second if he ffl to ffl ships the gun is it still considered an importation rather than a PPT and thusly not eligible for transfer?

I really really want one! he's willing to let me buy it for 200$ if I can find a way to do it !!

You can convert it to a single shot, with the required size specifications, then it can be transferred.

As to the roster and new/used, look at the law. It has to do with a dealer transfer, not whether the firearm is new or used. There are exemptions, such as a PPT. Used firearms are not exempt due to the fact that the firearm is used, it would ONLY be exempt if there was some other reason, such as a PPT.

[DuneShoot]

Originally Posted by DuneShoot View Post
I just bought a used non roster gun from a dealer. He said he took them in on a trade so I would assume the shop technically owns them? If so was the sale of one to me illegal assuming I'm not a LEO?

I asked if they were a consignment gun and they said no but the receipt says consignment. Sales tax was charged.
If he took them in on trade, then it would not be consignment and so it could not be transferred unless you were exempt. It seems like he played games and did not legally transfer the firearm.

Is there anything I can or should do to protect myself from something happening in the future? What could potentially happen to me? I do not have a copy of the DROS, just a receipt for payment.

[kemasa]

Is there anything I can or should do to protect myself from something happening in the future? What could potentially happen to me? I do not have a copy of the DROS, just a receipt for payment.

It is really not your issue, especially if you don't know that the FFL is doing anything wrong. You have a right to request a copy of the DROS form, but the law says that if you ask for a copy, the FFL has to give you one.