California gun sale?

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rodgers330

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I advertised a S&W 36 on the Internet and a gentleman from California contacted me to purchase it. I understand California's "drop test" gun law makes this impossible as it's not an "approved gun".

Now, here's what he has suggested. He wants to send me the money but "sell" it to his daughter who lives in Neveda. She would arrange for a Nevada FFL to send me a copy of his license. At some point, he would pick the gun up from his daughter. It seemed "OK" to me at first but the more I think about it--- I'm wondering if that's breaking any law. After all, I know that he'll wind up with the gun. What do you think? I appreciate your input. Thanks.
 
Here's where I'm uncomfortable... if I can't legally sell it to somebody in California but I'm knowlingly participating in an alternative method of making it available to them.... isn't that breaking the law too? Even if I had his daughter send me the funds, I have still knowlingly participated in a process that ultimately gets the gun in his hands.
 
Sounds like a "straw purchase" to me. I advise to pass on it. The buyer could as easily be a Fed agent, or an anti-gunner trying to cause trouble.
 
I am so not a lawyer, but my understanding is that a straw purchase is when a lady says something like "yeah, I am buying this for my boyfriend - he has been in prison so he cant buy it for himself..."

I believe that if you sell it to his daughter, and his daughter drives into CA and does a legal FFL transfer (person to person) of the revolver, that that would ultimately be legal.

Also, if you were to sell the gun to him (I assume you live out of CA), you would not actually break the law as long as you send the gun to an FFL. - That should fulfill your obligation to federal law and the laws of your state - if there was something illegal, it would occur when the FFL transfered a non tested/listed gun to him in CA.

I have heard of people who are not CA residents bringing non approved guns (non assault weapons - dont even go there) into CA and doing a person to person. I do not believe the P2P law requires the seller to be a CA resident although the law does say you cannot import unlisted guns into CA - so worst case scenario, it would be an "importation" and I think that may have a more specific legal meaning beyond bringing in a gun and then needing cash for Disneyland and selling it to your dad...

If you want to CYA, ask the man if 1. He is a prohibited person and 2. If he bought a gun from his daughter, would he do it in CA and throught an FFL. If he intends to do those things, then he intends to follow the law and he does not claim to be prohibited and you should be ok.

Like I said, NOT A LAWYER :)
 
Pass on the deal

It's a "straw man purchase". BATF will, at the very least, make your life VERY VERY miserable if they get wind of it. At the worst you go to jail for a long time as an example of "vigorous enforcement."

Best bet is to find a buyer who can legally purchase and posess the weapon.
 
I've had just two traffic tickets my entire life. I'm going to decline the deal because no gun is worth the POTENTIAL problems this could cause. I sincerely appreciate everyone's sound advice and insights. It's unfortunate that California has these rules..... a friend told me this morning that Mass. has something similar on the books as well!
 
As I understand it, private party transfers are exempt from that Ca law. It would be counter to the existing regulations for a gunstore to purchase it, but a private citizen could, PROVIDED that all the myraid Ca gun laws are followed. Basically, you would have to work thru a dealer, who will charge you money to do the paperwork and hold the pistol for the 10 days required. (Yes campers, here in beautiful California, we have to wait 10 days, and that's for everything but (most) black powder.)

KC
 
KC, as I understand it, private party transfers between two California residents is legal after a 10 day period when a California FFL processes the paperwork. I believe out-of-state sales (via the Internet) between myself and a California resident would not qualify as a "private party transfer". I'm certainly not an expert... I am inferring this after reading the California Attorney General's web site.
 
...and thus the necessity to arrange the transfer of ownership through a CA FFL holder.

You, the owner, arranges the sale to a buyer. The pistol is sent (in whatever fashion) to an FFL holder in California, who serves as an intermediary on behalf of the state DOJ. The FFL holder does the paperwork, serves as point-of-contact between the state and buyer, keeps physical posession of the weapon for the 10 days, and assuming the paperwork goes thru, delivers the merchandise. In Ca, this is as "private-party" as may legally happen.

KC
 
I'm pretty sure for a private party transfer of a handgun in cali it has to be with an ffl and both seller and buyer have to be present. Both seller and buyer have to be residents of cali. Also the buyer has to have a handgun safety certificate. You can't get the safety certificate without proof of residency. A drivers license isn't good enough you also need other ID like a utility bill or an auto registration for the certificate. Mark
 
The seller does not need to be a resident of the state, nor even physically present (to my understanding.) The seller does not need to have to have the latest iteration of the safety certificate, as many residents obtained handguns before they were necessary; those **** permits are needed to buy a handgun, not keep one. The seller would probably need some form of ID...it seems to be needed for everything nowadays.

The transaction does not need to happen in Ca; just that Ca laws be followed, paperwork and payoffs accordingly delivered.
 
so why doesnt he want to get the gun sent to a ffl and he fill out the paperwork?something stinks here.how do you know that the woman is in fact..his daughter?after reading what you said he told you,id be very leary of this transaction.it sounds like a straw purchase,which is illegal everywhere- the gun ends up in his hands in the end,he gets busted for some stupid thing,they trace the seriel number and all heck breaks loose.guess who is going to get paid a visit?id pass.
 
The only way for a CA resident to buy a non-listed handgun is to do so in a person to person transaction at an FFL.

This is always done IN PERSON meaning the non CA resident has to BE IN CALIFORNIA.

Some gun stores have done transfers of - say - a Keltec P32 as a P2P sale, but with the seller shipping and not coming to CA - people on thei board have bought guns that way but DOJ has said thats not how it works.

Whatever you do - ask if they gun is for them, make sure you jump thru ALL hoops, and you should be fine.
 
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