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California handgun regulations

Discussion in 'Legal' started by Father Knows Best, Oct 4, 2006.

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  1. Father Knows Best

    Father Knows Best Member

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    I'm trying to sell a Para Ordnance LDA pistol. I've got a buyer who is in California and is interested, but wants to know if this pistol is legal for sale in California. Frankly, I have no idea. The box does have a sticker saying it isn't for sale in California, but I don't know why or whether anything has changed since I originally bought the gun two years ago.

    So ... anyone know whether it is legal for me to sell this gun to a California resident, or how to find out? I know that federal law requires that it be shipped overnight to a FFL holder in California, as with all interstate sales of handguns, but I don't know the specifics of California law.

    Thanks,

    FKB
     
  2. jojosdad

    jojosdad Member

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  3. Father Knows Best

    Father Knows Best Member

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  4. Librarian

    Librarian Member

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    It's worse than that - the 'safe guns list' is not the only barrier.

    If
    you are an FFL, willing to transfer the Para to a CA FFL, (not just send it here, actually move it into the CA FFL's inventory as a dealer-to-dealer sale)
    and
    the Para is on the list,
    then
    the CA resident can buy the Para from the CA FFL.

    The CA resident can't directly buy the Para from an out of state private individual, using CA's private party transfer process - the DOJ has made that impossible by refusing to allow anything but a CA Driver's License or ID as valid input on their computer input form. Further, both parties have to be physically present at the time of the transfer. It's clear that CADOJ does not want out-of-state sales.

    You could move here, register the Para, and then do a PPT.
     
  5. jojosdad

    jojosdad Member

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    If the gun is on the "safe" list AND the seller is in CA, then all that is necessary is for the seller to furnish the transfering dealer a copy of their CA driver's license. They don't have to be physically present if the firearm has been recieved into the dealer's inventory (which would be the case on guns bought over the internet)
    If the gun originates from another state AND is on the "safe" list, then the dealer just recieves it into their inventory and DROS's it back out to you.
     
  6. Car Knocker

    Car Knocker Member

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    That's not quite correct. Federal law requires that it go through an FFL in the receiving state. If you ship it through an FFL at your end also, it can be shipped USPS. Without using an FFL on your end, you must ship it through a common carrier (UPS of FedEx). It is the carriers who insist you ship it overnight to help control theft.
     
  7. Librarian

    Librarian Member

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    Right - the point I seem to have failed to make is that an out of state PRIVATE seller cannot just send the Para to some willing dealer in CA to act as a conduit or agent - the CA FFL must actually 'own' the gun, if only for a moment, and thus can sell it just exactly as if he had got a copy through his regular distribution channels.

    A CA resident buying a handgun from either a CA FFL holder or another CA resident is slightly complicated but well understood.

    CADOJ is trying to make impossible a CA resident buying a non-C&R (C&R is a different kettle of fish) handgun from a non-CA FFL or non-CA private individual. They require two transactions - out of state to CA-FFL, and then CA-FFL to CA-resident - and that's where the 'safe gun list' comes in: IIRC, if the particular non-C&R gun in question is not on the list, the software won't let the FFL process the DROS.
     
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