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Old February 21, 2013, 02:18 AM   #1
gsmirnov
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Getting a gun at a flea market.

I'm a Californian. However, a while ago I've bought a gun at a flea market in Idaho. Should I register the gun or what? What should I do next? Please advise.
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Old February 21, 2013, 04:00 AM   #2
PetahW
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.

If you bought a handgun out of your state of residence, you've already broken Federal Law - unless both the seller and you are FFL holders.

If you bought a long gun out of your state of residence, only the seller needs be an FFL holder, under Federal Law.

IDK about PRC law, nor do I want to. .


.
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Old February 21, 2013, 07:30 AM   #3
Mike Irwin
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Gun encompasses a WIDE range of possibilities, from antique black powder single shot to modern semi-auto with 15 round magazine.

There's no way to adequately answer your question without knowing what you purchased.
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Old February 21, 2013, 10:01 AM   #4
+1k ammo
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Not sure about CA law, but in most states (IL) you can do a face to face if both are FOID card holders. I do it all the time buying and selling and is strictly according to the law.

State to state, howeve,r would be a big problem especially if it is a handgun, which sounds like it is or you would have said "rifle".

That is Felony territory and I would consult a legal power or ask County Sheriff.
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Old February 21, 2013, 10:18 AM   #5
BigD_in_FL
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Quote:
but in most states (IL) you can do a face to face if both are FOID card holders
Sorry, MOST states do not have FOID cards
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Old February 21, 2013, 10:38 AM   #6
MTSCMike
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just researched current law...previous comments not valid so I removed them...

Good luck
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Last edited by MTSCMike; February 21, 2013 at 10:56 AM.
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Old February 21, 2013, 11:48 AM   #7
Frank Ettin
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Quote:
Originally Posted by Mike Irwin
...There's no way to adequately answer your question without knowing what you purchased.
That is the correct response at this stage.

To the OP, unless it's an antique or a black powder gun, you might have a serious legal problem. It might be best to contact a lawyer familiar with federal firearms law. What you discuss with your lawyer is confidential. What you discuss here is not.

You'll find names and addresses of some well respected California firearm law lawyers here.
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Old February 21, 2013, 12:48 PM   #8
JimDandy
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In other words, if its a handgun sure as shootin' don't say so here. If it's not a legal firearm in California, don't say so here.
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Old February 22, 2013, 12:02 AM   #9
rc
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California has a lot of convoluted laws. Apparently when the state outlawed private party sales of firearms they forgot to change the law that said antique guns more than 50 years old didn't count as firearms under the law. So they are starting full on registration by 2014 of everything, including any new farther to son and family transfers that previously were exempt. I understand that it is still technically legal to buy and trade antiques till the end of the year when the new law takes effect. You may want to take the gun out the same way it came in if it is not an antique and save yourself any potential legal scrutiny.
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Old February 22, 2013, 12:33 AM   #10
Frank Ettin
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Quote:
Originally Posted by rc
California has a lot of convoluted laws. Apparently when the state outlawed private party sales of firearms they forgot to change the law that said antique guns more than 50 years old didn't count as firearms under the law....
Good God! That is really lousy information.
  1. The OP's primary problem arises under federal law, not California law. Under federal law, any transfer (with a couple of narrow exceptions not relevant here) of a firearm from a resident of one State to a resident of another State must go through an FFL.

  2. A firearm that is 50 years old is classified as a Curio and Relic (C&R). It is still a firearm and in general all rules that apply to the transfer of newer firearms also apply to C&R firearms, with some exceptions:

    • In California (until 1 January 2014), as long as the transferee and transferor are both residents of California, a C&R long gun may be transferred face-to-face, i. e., without the necessity of going through a dealer. But in California private party transfers of even C&R handguns must go through a dealer.

    • Under federal law a special form of FFL is available for collectors of C&R firearms. It's much easier and cheaper to get than a dealer FFL and allows the holder to take a number of significant short cuts in the acquisition and shipping of C&R firearms.

  3. In general, an antique firearm is one made prior to 1898 (or replica thereof). California law apparently doesn't include a specific definition. The federal law definition is found at 18 USC 921(a)(16) and reads:
    Quote:
    (16) The term “antique firearm” means—
    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

    (B) any replica of any firearm described in subparagraph (A) if such replica—
    (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

    (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
    (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
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Last edited by Frank Ettin; February 22, 2013 at 01:43 AM. Reason: clean up
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Old February 23, 2013, 03:15 AM   #11
Frank Ettin
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Haven't heard from the OP in a couple of days. I hope he's figured out that he has a potential problem that he needs to attend to and that this isn't the place to do it.

So I'm closing this before someone else comes up with more erroneous information.
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