Does/can CA prevent residents from making out of state long gun purchases?

[bushmaster1313]

I just read that there is a 10 day waiting period to purchase a long gun in California.

(I also think there is a long wait in NYC)

Here in New Jersey, any day but Sunday, a resident with a fiirearms card can walk into a store and come out with a long gun right after passing the NICS check (and paying for the gun)

NJ residents can also go to a state like PA or NY on a Sunday and buy a gun from an FFL as long as they pay the seller, pass the NICS check and fill out the New Jersey Certificate of Eligibility, which is left with the FFL.

Can a California resident in good standing go to a gun friendly state, purchase a long gun of the type legal in CA, and bring it back to his or her home?

 

[Librarian]

Can a California resident in good standing go to a gun friendly state, purchase a long gun of the type legal in CA, and bring it back to his or her home?

No.

But that's a combination of Federal and CA law.

Feds say a long gun sale outside the state of residence of the buyer and seller is legal if the sale follows the state laws in the states of both the seller and the buyer.

CA requires that CA residents use a CA-licensed FFL - so Feds enforce that.

A CA resident CAN buy out of state, have the purchase sent to a CA-licensed FFL, and take delivery inside CA from that CA FFL.

 

[Bravo Sierra]

A CA resident CAN buy out of state, have the purchase sent to a CA-licensed FFL, and take delivery inside CA from that CA FFL.

And it still requires the 10 day wait.

 

[Frank Ettin]

It's as Librarian has outlined.

Under federal law (18 USC 922(b)(3)) an FFL in one State may transfer a long gun to a resident of any other State if, but only if, (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of both the State in which it takes place and the transferee's State of residence. But California law is such that a transfer would comply only if done in California by a California FFL.

So a California resident may buy a long gun in a State other than California, but it would need to be sent to a California FFL to do the transfer. The transfer in California would have to be done in accordance with normal California formalities, including the 10 day wait.

 

[bushmaster1313]

It's as Librarian has outlined.

Under federal law (18 USC 922(b)(3)) an FFL in one State may transfer a long gun to a resident of any other State if, but only if, (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of both the State in which it takes place and the transferee's State of residence. But California law is such that a transfer would comply only if done in California by a California FFL.

So a California resident may buy a long gun in a State other than California, but it would need to be sent to a California FFL to do the transfer. The transfer in California would have to be done in accordance with normal California formalities, including the 10 day wait.

Thanks to all

 

[Zoogster]

CA law also limits what an FFL may charge to transfer guns from one in state resident to another (all sales must go through an FFL by law, no private transfers, AKA no 'gun show loophole'. It is unlawful to sell or transfer a gun without using an FFL by California law.
In state a total of $35, which includes a $25 state DROS fee +$10 FFL fee just to legally hand a gun to another resident.
However California law does not limit what an FFL may charge for an out of state transfer. The result is that many FFLs charge considerably more. A small number charge around $25 on top of the DROS of $25 (and some say on top of the $35 counting the normal transfer fee that already includes $10 to them.) Many however charge upwards of $50 on top of the DROS, and some $75+ on top of the DROS.
Sometimes it may take a long drive to get to a less expensive FFL that will transfer for the lower amounts and with gas prices (CA has extra fuel taxes keeping it even higher than the nation) that means that drive won't save you much, which still add $50 to the price of the gun.


What all of this means to the consumer is that it often costs an extra $75+ to transfer a gun to you from out of state, on top of the original price.
That is in addition to shipping costs. Bringing the total additional cost for purchasing out of state to around $100+.
The effect is that many used or inexpensive guns found cheaper online or while out of state are actually more expensive when you add in the additional expense than if you just bought one for a bit more sticker price that is already within California.
This also goes for things like receivers, some of which nearly double in price when you add the transfer fees. A ~$100 stripped lower AR receiver turns into a nearly $200 receiver for example by the time you get it in your hands.