[BBBS]

Hi, I am a new F.F.L. Here is my ? I have a guy in Calif. that used the Buy it now option on a gun I am selling. He says that he can receive the gun, shipped to his dealer, a (S&W 17-6) from me if I am a private party. He said he can not get it if I am a Dealer. I am tring to check the law to see if I can leagally send that firearm to his dealer. Does anyone here know? Thanks

[SIOP]

Techically he's not getting the gun from you, he's getting it from the dealer you send it to. That dealer is responsible for the transfer. So yes, you can send the gun to his dealer.

The bit about him being able to get a gun from a private party and not from a dealer should be raising red flags all over the place. Best idea would be to scrap this deal immediately.

[BBBS]

He wants it run through his dealer. I would never, ever, send to a private party. Sorry, I did not make that clear.

[SIOP]

Right, but what's the deal with not being able to get it from a dealer? Is it because his dealer won't accept guns from another dealer? Why not? Profit loss? Or is it maybe because his dealer isn't going to make him do a 4473 and they don't want a record of the gun being shipped to him from you and that's why they want one from a private party. See where I'm coming from here? Something's fishy and if I were you I'd want to get it clarified before I went shipping any guns to these guys. It isn't worth the pittance you're going to make off of one gun to get involved in a shady deal.

[BBBS]

I see where you are coming from. I will have to call this guy. Thanks

[9mmdude]

Here is what I think he is trying to do and he can't do it. The (S&W 17-6) is not on the state list for new handguns being allowed into California. (Unless I missed it)

If you were a private party in the state you could do a private party transfer with him. Because you are an out of state dealer, his dealer can not accept the firearm for transfer to him.

Private party transfers have to be face to face deals through an FFL. Even within the state a dealer can't complete a private party transfer from FFL to FFL through the mail/common carrier unless the firearms are on the list.

[SIOP]

Yeah, something like that crossed my mind also. Regardless, they are wanting him to get involved in something he'd be better off staying away from.

[PinnedAndRecessed]

9mm is exactly right. I bought numerous handguns from private parties within California. As long as the firearm is not specifically forbidden (i.e., "assault" rifles), it's ok. It still must go through a dealer and is still treated as a dealer sale (waiting period, etc.).

If the handgun comes from out of state (as is in your case), it is treated as a dealer sale. All safety/drop rules apply.

You can't sell the handgun in California, period, if it's not on the approved list.
Not if you're out of state.

The only way you could do so is to move there, as a private party, and then sell.

[LeoC]

It should be stressed that a PPT (Private Party Transfer) in California MUST BE DONE FACE TO FACE in the presence of an FFL. So even if you were not an FFL yourself, you couldn't sell the gun to this guy because you couldn't be there in person. Also, you aren't a California resident like him, so you wouldn't be eligible to do PPTs with other Californians anyway.

Short answer is you cannot sell the handgun to this guy. The FFL he wants to use in California will refuse to accept the handgun from you because it isn't on 'the list' :mad:

[BBBS]

Thanks everyone. Some very useful info.

[gezzer]

Next time list CA dealer only Know what you are bidding on if transfer cannot be made it is the buyers fault and negative feedback will result. Do not like this policy do not bid or move out of CA to a free state.

I am sick of CA buyers that do not know their laws. They voted for their politicians not me.:banghead:

[PinnedAndRecessed]

move out of CA to a free state.

I am sick of CA buyers that do not know their laws. They voted for their politicians not me

a) I moved.

b) If you look at a Kal map, the kind of map divided into red and blue counties, such as you might see in a prez election, you'll see most of Kal is conservative.

It's just that the highest concentrations of votes exists in liberal sewers, viz., San Fran, LA, Sac, etc.

c) Not even the LEOs can keep up with the laws. I saw the laws concerning transporting firearms change three times in the seven years I was there. I'd call the local LEOs to see how to do it right. They always transferred my call three or four times before I could talk to someone who knew.

Solution: what we need to do is disown southern Kal, just north of LA, and give it to France.

Then we can use some earthmovers and relocate San Fran and Sac to Oregon and Washington State. (They've been infected with stupid, liberal Kommiefornians.) Then we give that to Canada.

[billwiese]

gezzer wrote:
Next time list CA dealer only. Know what you are bidding on if transfer cannot be made it is the buyers fault and negative feedback will result. Do not like this policy do not bid or move out of CA to a free state.

I am sick of CA buyers that do not know their laws. They voted for their politicians not me.

It is NOT just the buyer's fault from a legal standpoint. Do note the out-of-state dealer does have some legal responsibility for obeying CA laws, too, whenever a transaction crosses CA state line.

For your own protection you should be aware of some of these laws. It's not just the buyer's responsibility; both sides of a transaction must honor both states' laws, you can't just sit outside the state lines and throw in illegal products for illegal sale and think you're outside the scope of CA gun laws - you're indeed subject to CA laws. Waiver statements like "buyer is responsbile for conducting transaction in accordance to CA law and agrees to hold harmless <out-of-state seller>" are useless.



Bill Wiese
San Jose, CA