California Laws For Out Of State Auctions

[James K2020]

Curious if anyone as a CA resident has experience buying handguns through out of state auctions.
I've purchased quite a few through local auctions in state and you can buy certain Off Roster handguns legally (i.e. Beretta Cheetah .380 or a S&W M&P with 4" barrel).
I haven't bought any Off Rosters. The biggest restriction at a CA auction is the Hi Cap mags- you can buy a High Power but no 14 round mag. Can you purchase the same in an out of state auction? If you can purchase a certain gun at auction in CA, can you buy the same in an Arizona based auction on Proxibid? There are certain guns completely restricted for sale in CA but its not as many as you would think in an auction catalog of 1000 items- maybe just a couple. The rest are good to go with 10 round or less mags. Not many restricted revolvers either.
I believe there is no issue purchasing C&R or Single Action guns out of state. I've never seen any list other than the current guns on the DoJ list but that is only for retail sales. Private parties are exempt from the list except for the state's totally illegal firearms.

 

[RickD427]

Where did you get the idea that you can legally purchase an off-roster version of the Beretta Cheetah .380, or an off-roster version of the S&W M&P? That's true if you're a roster-exempt person, but not for an ordinary California resident.

There is no prohibition on purchasing a firearm from an out-of-state auction website. But there are many prohibitions on the transfer of any such weapon to a California resident.

Make sure that you understand the differences between "Purchase" and "Transfer." They are not the same. You run the risk of owning a weapon that you cannot take possession of it you get it wrong.

Some, but not all, Single-Action firearms are exempt from the roster. If you're going to bid on a Single-Action, check Penal Code section 32100 to see if it is exempt.

Weapons meeting the federal definition of "Curio and Relic" are also roster exempt. Please refer to Penal Code section 32110(g), but expect some FFL dealers to hesitate on processing such transfers without proof of the date of manufacture.

 

[James K2020]

"Where did you get the idea that you can legally purchase an off-roster version of the Beretta Cheetah .380, or an off-roster version of the S&W M&P?"

Sold last week in Glendora to on-site bidder with no CA restrictions. I could bid if I wanted.
https://www.proxibid.com/BERETTA-MODEL-85FS-CHEETAH/lotInformation/63383572

 

[RickD427]

"Where did you get the idea that you can legally purchase an off-roster version of the Beretta Cheetah .380, or an off-roster version of the S&W M&P?"

Sold last week in Glendora to on-site bidder with no CA restrictions. I could bid if I wanted.
https://www.proxibid.com/BERETTA-MODEL-85FS-CHEETAH/lotInformation/63383572

OK, now I understand you a little better. Your thread title "Out of State Auctions" was a little misleading. Your link here points to an "In State" auction. So long as the buyer and seller are California residents, and both personally appear before the transferring FFL, that weapon can be transferred to the California buyer. But if it were an "Out-of-State" auction, it could only be transferred to a roster-exempt California buyer.

 

[James K2020]

Makes sense, the Off Roster guns can stay in CA but can't be brought into the state. The "AR' rifles that CA deemed illegal can only be sold out of state, can't even be transferred to family. When the registered owner dies the gun gets confiscated and destroyed or so says the law.