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Old October 14, 2009, 12:11 PM   #7
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Thank you for the clarification of California law!

Quote:
Originally Posted by freespool
My reply was a little confusing - I was researching CA and US gun laws yesterday with the personal objectives that I stated, but my comments about 18 USC 922(a)(5) and such were a response to azredhawk's proposed scenario where a (presumed) non-FFL goes to another state and sells a rifle to a (presumed) non-FFL resident. I was agreeing with your analysis of the seller's legal exposure, but not with the conclusion that the buyer was in violation of 922(a)(3).
I can see your point regarding the exact wording of 922(a)(3), but that is too thin of ice for me, personally, to test!

The exact wording of ATF FAQ's shares the same ambiguity as the Federal law:

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

FAQ B2 only states that a non-licensed person may only acquire a firearm within their own state - it does not specifiy "from a resident of their own state".

FAQ B3 does not state that anything is prohibited, only provides an option for obtaining a firearm from an out of state source - in light of everything else I interpret that to mean residency, not location - but it could easily also be interpreted to mean out of state location.
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