Selling Gun to ********** Buyer


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Father Knows Best
May 19, 2005, 10:23 PM
I sold a rifle over the Internet to a buyer who lives in California. He paid by M.O., which arrived several days ago. Today, his dealer's FFL arrived, along with a cover letter stating that I MUST include my FFL when shipping the rifle. I am not a licensed dealer.

I know that federal law permits a nonlicensee such as myself to ship a firearm to a licensee in another state. Is there some specific requirement in California state law that requires the sender to be a licensed dealer? I know that some Kali dealers as a matter of their own policy refuse to accept transfers from out of state nonlicensees, but is there any actual legal requirement?

What I'm really asking is, will I be breaking any California law by shipping this rifle to the California dealer?

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Black_Talon
May 19, 2005, 10:45 PM
Nope. I buy guns from out of state private parties all the time. They just send to gun to my FFL with no special paperwork required.

I'd call his dealer and explain the situation.

JimC
May 20, 2005, 08:39 AM
One thing that has become all too common lately is for an FFL to require that the firearm that they are receiving come only from another FFL holder. This is their choice, they can set the rules no matter what any law allows.

An FFL that I've known for many years, that I used for many transfers, took this attitude, "it's my f#@*^! license and I can require what I want." I stopped using him over two years ago. :barf:

I don't sell many firearms on line but when I do, I make a clear note that the buyer have an FFL holder that will accept a transfer from a non-FFL (me).

I sold a handgun not too long ago where the buyer could not find an FFL that would accept the gun from me, it had to come from an FFL. I was ready to scrap the deal.

My local guy that I use for transactions doesn't really like to do this but he took the gun in on his books and sent it to the other FFL. The buyer paid the extra FFL fee here on my end (#35.00) because he wanted the gun badly.

EOD Guy
May 20, 2005, 11:37 AM
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I sold a rifle over the Internet to a buyer who lives in California. He paid by M.O., which arrived several days ago. Today, his dealer's FFL arrived, along with a cover letter stating that I MUST include my FFL when shipping the rifle. I am not a licensed dealer.

I know that federal law permits a nonlicensee such as myself to ship a firearm to a licensee in another state. Is there some specific requirement in California state law that requires the sender to be a licensed dealer? I know that some Kali dealers as a matter of their own policy refuse to accept transfers from out of state nonlicensees, but is there any actual legal requirement?

What I'm really asking is, will I be breaking any California law by shipping this rifle to the California dealer?

Not only is there no California law prohibiting it, there is a provision in the California Penal Code that specifically authorizes a California dealer to receive a firearm from out of state from an unlicensed individual. It is in PC Section 12070(b)(14).

Father Knows Best
May 20, 2005, 11:44 AM
That's great! Thanks for the cite!

FYI, you can find that law online at http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6004577657+2+0+0&WAISaction=retrieve

I've printed it out and highlighted the relevant sections, along with the BATFE FAQ sections on interstate transfers of firearms. They're handy to have when questions like this come up.

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