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Old June 22, 2011, 10:48 PM   #1
randomvalleyguy
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Legal transfer question

I know in California it is illegal to buy a new gun that is not on the California approved list. I'm looking for a legal way to get around it. I heard if it's a private party transfer the firearm doesn't need to be in the california approved handgun list. I have an uncle in Arkansas, and wondered if I can have him buy the gun for me (making it a used gun, correct?), then buy it from him and have it shipped to a FFL dealer in California where I can pick it up. Is that legal? Or does the private party need to be a California resident? The gun shouldn't be considered an assault weapon, I'm trying to get a gun called The Smoke Wagon, made by Taylor's & Co in 45LC. I just started buying firearms, but I've got a little collection now (IAC Hawk 932 12GA, Ruger P95 9mm, Stevens 200 in .308, and my newest additions are a Russian SKS and a Mosin Nagant (got the last two, $375.00 for BOTH!)) I thought it's time for me to get a, "Nice," gun to shoot at the range/ranch for a change. Anyways back on topic, just wanted to know if I can buy a gun in a private party transfer from a resident in another state. Thanks alot in advance. PS: Any info on The Smoke Wagon would be nice to. (sorry for rambling )
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Old June 22, 2011, 11:09 PM   #2
dogtown tom
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FIRST
You need to float that little conspiracy past a California dealer. It'll make his day.

THEN

Go read the California DOJ website.....you might be surprised what you can get that is not on the list.......legally, no conspiracies needed.


THEN

go read up on straw purchases and see how much jail time your uncle can get.
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Old June 22, 2011, 11:23 PM   #3
JohnKSa
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Quote:
...wondered if I can have him buy the gun for me (making it a used gun, correct?),
Correct--and also making it a straw purchase-- a violation of federal firearm law.
Quote:
...just wanted to know if I can buy a gun in a private party transfer from a resident in another state.
To legally buy a handgun from a private party out of your state, by federal law, the gun must go to an FFL in your state and then be transferred to you via the normal process involved in purchasing a gun from an FFL (NICS, 4473, etc.).

However, under CA law I don't think that the FFL can accept shipment from out of state on a gun that's "unsafe" per the list. That would put him in the position of importing an "unsafe" gun into the state for sale.

I'm not really "up" on CA firearm law, but I think the only way you're going to get an "unsafe pistol" (per the CA list) into CA legally is to a.) find one that's used and currently owned by another CA resident and buy it from him in a private transfer or b.) move to another state, legally establish a residence there, purchase the firearm and then move back to CA with your firearm.

Better yet, since you're bound to find another gun you want that's not on the approved list, maybe the move back would be unwise.
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Old June 22, 2011, 11:52 PM   #4
randomvalleyguy
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I just found out single action pistols are exempt from the safe handgun list. And I AM planning on moving to Arizona before the year is out. This state is WAY to liberal for my taste... It will be nice to leave my pistol in my car or on my person in case SHTF. And having an AR-15 with a detachable mag, collapsing stock, pistol grip, and flash hider would be interesting too, along with being able to rock and roll!
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Old June 23, 2011, 12:28 AM   #5
Frank Ettin
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Originally Posted by randomvalleyguy
...Or does the private party need to be a California resident?...
For the benefit of anyone else who may be interested -- Yes, the private party must be a California resident.
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Old June 23, 2011, 09:11 AM   #6
dogtown tom
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randomvalleyguy I just found out single action pistols are exempt from the safe handgun list...
Good for you!
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Old June 23, 2011, 04:07 PM   #7
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Would it be possible for ca to change these laws now the pro gun movement is on? I would hope it to be true.
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Old June 23, 2011, 05:23 PM   #8
Frank Ettin
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Originally Posted by markj
Would it be possible for ca to change these laws now the pro gun movement is on? I would hope it to be true.
We're working on it. A major obstacle to a political resolution is the dominance of the urban, coastal population centers that tend to be anti-gun. But there are a number of lawsuits going on trying, on the precedents set by Heller and McDonald, to improve the situation.
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Old June 23, 2011, 06:14 PM   #9
JimPage
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BEST WAY

legal and simple, is to buy the gun from an FFL where ever he is, and have him ship it to a CALIFORNIA FFL. Then you pick up the gun from your CALIFORNIA FFL legally.
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Old June 23, 2011, 06:30 PM   #10
Frank Ettin
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Originally Posted by JimPage
...legal and simple, is to buy the gun from an FFL where ever he is, and have him ship it to a CALIFORNIA FFL. Then you pick up the gun from your CALIFORNIA FFL legally.
Yes, that is the proper, legal way to do it. I've done it myself a number of times. However, the handgun must still be on the California Roster of Handguns Certified for Sale or exempt.

For some good information on the California Roster and various approaches to dealing with it, see the Calgun Forum, especially this thread and this thread.
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Old June 23, 2011, 07:52 PM   #11
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Wowzer! That link gave me a headache. I can see why you guys in California are filing these lawsuits. Its like moving the goal posts every so often. I got a laugh about some of it. Its like rifles and shotuguns are ok....then the next sentence is like what we told you is not 100% true.
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Old June 24, 2011, 04:00 PM   #12
markj
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Quote:
But there are a number of lawsuits going on trying, on the precedents set by Heller and McDonald, to improve the situation.
Good luck, I hope you folks can do it in CA. I have relatives live there, temecula and huntington beach to mention two.
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Old June 24, 2011, 11:32 PM   #13
randomvalleyguy
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Laws here are crazy! I live in the car-jack capitol of California, and I can't even carry a pistol in my truck to defend my property. Can't even open carry over here! I only have CLPD, can't afford full coverage, so if I'm carjacked I'm really SOL. In California (at least where I live) you can only get a CCWP if you're stinking rich, or have certain connections. Living on a crappy side of town, hearing gunshots every night, afraid to walk the streets past sundown in fear of getting stabbed, shot, mugged, or jumped by a bunch of thugs wearing red or blue isn't a good enough reason I guess. (six shootings (two were fatal), three stabbings(one fatal), and one armed robbery last week alone in my town, and it was a slow week). I looked into getting a concealed carry permit around here and apparently self defense isn't reason enough to get one. You've got to be transporting large sums of money, or transporting merchandise worth large sums of money, or a business owner, or something else that I'm not. Can't get one just because I'm afraid of being in the wrong place in the wrong time. I'm just a middle class citizen who's scared to leave his own home. I wish this was a shall issue state, because I have a clean record, not even a traffic violation, and if I was in almost any other state getting my CCWP wouldn't be that difficult. In other words, I CAN'T WAIT TO GO TO ARIZONA!
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Old June 25, 2011, 09:00 AM   #14
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Facilitating a straw purchase is seriously against the law apparently unless you are the ATF.
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Last edited by Mike Irwin; June 25, 2011 at 10:10 AM. Reason: Removed off topic rant
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Old June 25, 2011, 10:15 AM   #15
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Originally Posted by Secguru
Facilitating a straw purchase is seriously against the law apparently unless you are the ATF.
Or unless you work for NYC Mayor Bloomberg ...
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Old June 25, 2011, 10:31 AM   #16
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THEN

go read up on straw purchases and see how much jail time your uncle can get.
+ 1. Enough said!!!
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Old June 25, 2011, 01:39 PM   #17
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I just found out single action pistols are exempt from the safe handgun list.
Nice! A small nugget of common sense hidden in a morass of otherwise logically bankrupt rules.
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