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Buying Guns Face-To-Face From a California Owner

Fairlane66
A good friend of mine living in California recently passed away and I'm going to buy several firearms (2 pistols and a rifle) from his widow. I plan to fly out next month from my home in Colorado, conduct a face-to-face transaction, and fly home with the firearms (in baggage, of course). I've heard California has some pretty wacky gun laws and I definitely want to avoid any problems. Can anyone tell me how to go about the transaction so I can avoid any legal issues? I believe CA has a 100% firearms registration law and, if so, I guarantee the guns were in the husband's name. If so, can the widow legally sell them and how would we go about it? If the answers to all these questions are too lengthy to go into here, I'd sure appreciate a website I could refer to. Thanks.
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Comments

10 comments

Date Votes
  • EOD Guy
    California does not have a 100% registration law. Rifles and shotguns (except "assault weapons")and many grandfathered handguns are not registered.

    California law is not your problem. Federal laws prohibits direct transfers of any firearms between residents of different states. She would have to ship the firearms to an FFL in Colorado that will accept shipments from unlicensed individuals. The Colorado FFL can then transfer them to you.

    The handguns would have to be shipped via common carrier such as FedEx or UPS. The rifle can be mailed.
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  • nmyers
    The law is pretty straight-forward. You cannot acquire a firearm from a nonlicensee in another state in a FTF transaction.

    If she finds a local dealer willing to transfer them to you, & such a transfer is legal by both CA & CO law, you can do that. But, I'd be surprised if that can be done.

    I suspect that the only way to do it is for her to find a CA dealer near her who is willing to ship the guns to your CO FFL, & have him transfer to you.

    Neal
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  • EOD Guy
    Out of State residents, other than military stationed in California, cannot purchase firearms directly from a California dealer.
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  • ruger41
    Pistol you have to have an FFL in your state receive--if you're gonna do it legally anyways. You are not a resident of CA and even CA residents are SUPPOSED to have a FFL transfer the gun but I'm sure thousands don't--I knew tons who didn't when I lived there. She can legally sell them to you--the easiest way is just have them shipped to your FFL in CO and save the airfare--she can legally mail the rifle in the mail to your FFL and send the handguns via UPS next day air to your FFL--all could be done for way less than the cost of a plane ticket and you would be legal. If these guns are true antiques made in 1898 or earlier then none of this applies. CA doesn't have registration anymore than CO does except for what CA deemed Assault rifles and would have already had to be registered--they fill out 4473's and have a waiting period but transfers are supposed to be done on used guns even face to face.

    http://ag.ca.gov/firearms/pubfaqs.php#9
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  • mark christian
    There is an exception in federal law for interstate bequests but since you are not inheriting the guns and are merely going to CA on a shopping trip this is not applicable. What you are discussing would not even be legal if you were going to (say) Arizona instead of CA. The transfer of firearms between non licensees in differing states is not allowed so anything that you purchase in CA from the window must be shipped to an FFL dealer in your home state for transfer. You'll need to set this up with your own dealer in CO and then find a dealer in CA willing to assist you.
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  • Fairlane66
    Thanks, guys, for keeping me out of jail. I want to do this right and appreciate the info.
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  • babun
    Fairlane66, email me thru my profile. Bob
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  • tsr1965
    As has been stated the weapons will have to be transferred thru a FFL to you, in your state.

    quote:The handguns would have to be shipped via common carrier such as FedEx or UPS. The rifle can be mailed.

    That is not all correct. They may all be mailed from FFL to FFL thru USPS, which is more cost effective for the handguns, as they don't have to go next day thru USPS.

    Best
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  • abiggdan
    i know that in my case, when my parents both passed away. the guns had to stay as part of the estate until probate was finished.... during the probate the guns were legally transferred to my name. the lawyers told me this had to happen. even though they were left to me in the will,and listed with individual ser. numbers. coincidently as soon as this all got through... i left the peoples republic of kalifornia...and wont ever go back.... just my 2 cents... hope it helps
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  • mark christian
    quote:Originally posted by abiggdan
    i know that in my case, when my parents both passed away. the guns had to stay as part of the estate until probate was finished.... during the probate the guns were legally transferred to my name. the lawyers told me this had to happen. even though they were left to me in the will,and listed with individual ser. numbers. coincidently as soon as this all got through... i left the peoples republic of kalifornia...and wont ever go back.... just my 2 cents... hope it helps


    That is a very good point. If you are going to make a deal with the widow then be darned sure that she is the executor of the estate and is authorized to sell off the property!
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