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Old September 29, 2018, 06:53 AM   #26
Theohazard
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Quote:
Originally Posted by Aguila Blanca View Post
I may have misstated. I thought the federal law for handguns was that a cross-border sale had to go through an FFL on both ends. If that's not the case, I apologize for (as Spats said) muddying the waters. If I'm wrong, I have been guilty of extrapolating from my state's rules to the other 49.
Close, federal law says it only has to go through one FFL; the FFL in the transferee’s (buyer’s) home state. Obviously, if the handgun is purchased at an out-of-state FFL, then it’s going to end up going through an FFL at both ends. But if it’s an out-of-state private sale, the seller can ship it directly to the buyer’s FFL.
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Old September 29, 2018, 07:28 AM   #27
FITASC
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BUT, to clarify things further, not all receiving FFLs will accept a gun from a non-FFL. It isn't against the law, it is just their personal business policy.
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Old September 29, 2018, 11:56 PM   #28
Niner4Tango
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New handgun models that can be sold or transferred are on the "Roster". If the handgun is not specifically on the Roster you can't buy it unless (possibly) you are a LEO. Here: https://www.oag.ca.gov/firearms/certguns

You can't receive a handgun in a state where you don't reside, federal law: GCA 1968.

If you move to California and bring firearms you must register them with the state and they must be CA legal: (Section 25): https://oag.ca.gov/firearms/pubfaqs#25

ALL transfers must go through the DROS system. If you are a CA resident you cannot buy any firearm, including long guns, out of state and bring it to CA. (Section 3): https://oag.ca.gov/firearms/pubfaqs#3

A couple of notes:
Some long guns are specifically prohibited in CA, for example Bushmaster.
The laws are so complicated and rapidly changing many dealers can't provide guidance on what is legal or not.
Washington State is right behind you. Good luck...
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Old September 30, 2018, 05:54 AM   #29
FITASC
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Just heard passed (or is about to pass) a bill making all semi auto rifles classified as "assault rifles"; is that accurate?
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Old September 30, 2018, 09:46 AM   #30
Aguila Blanca
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Quote:
Originally Posted by Niner4Tango
If you move to California and bring firearms you must register them with the state and they must be CA legal: (Section 25): https://oag.ca.gov/firearms/pubfaqs#25
That is what the FAQ says -- but the TSA FAQ for a very long time said that if traveling with a firearm the owner should turn over the key to the locked gun case to a TSA inspector upon request, which was and is in violation of the applicable federal law. A FAQ promulgated by my states State Police likewise included a "fact" not provided for in the applicable state law.

The FAQ you cited cites [California] Pen. code, §§ 17000, subd. (a), 27560. If you actually read that section, it says nothing about the firearms having to be California-legal, and the advisory from CalGuns to whiuch I referred in an earlier post says the opposite. The actual text of California Penal code, §§ 17000, subd. (a), 27560 is:

Quote:
California Penal Code Section 27560

27560. (a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm importer shall do one of the following:

(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.

(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.

(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(4) Sell or transfer the firearm to a sheriff or police department.

(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:

(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.

(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.

(3) The firearm can be returned to the personal firearm importer.

(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.

(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.

(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.

(e) As part of the public education and notification program described in this section, the department shall do all of the following:

(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in paragraph (1) of subdivision (a), at the time when that person applies for a California driver s license or registers a motor vehicle in accordance with the Vehicle Code.

(2) Make the reports referred to in paragraph (1) of subdivision (a) available to dealers licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(3) Make the reports referred to in paragraph (1) of subdivision (a) available to law enforcement agencies.

(4) Make persons subject to the provisions of this section aware of all of the following:

(A) The report referred to in paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(B) It is advisable to do so for the sake of accuracy and completeness of the report.

(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.

(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported unloaded.

(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.

(Amended by Stats. 2011, Ch. 745, Sec. 27. Effective January 1, 2012.)
According to the CalGuns FAQ, "Handguns are exempt from Roster

Handguns moved here from out of state are exempt from California's Roster of Handguns."

However, any firearm that is deemed by California to be an "assault weapon" may not be brought into the state.
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Old September 30, 2018, 11:59 AM   #31
Frank Ettin
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Quote:
Originally Posted by Niner4Tango
...If you move to California and bring firearms you must register them with the state and they must be CA legal....
Let's be clear what "CA legal" means in this context. It does NOT mean "on the roster."

It means no threaded barrel on a semi-auto. It also means not an assault weapon (e. g., an AR pattern handgun with a detachable magazine). It also means a revolver chambered to fire a shotgun shell. I'm not sure if this is a comprehensive list.

And remember, no magazines holding more than ten rounds.
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