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Question for Mark Christian

5mmgunguy
Mark, Is it legal in Kalifornia to sell a SKS private party to private without going through an FFL? Other guy says it is legal because it is over 50 years of age. The SKS was made in 1951.
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10 comments

Date Votes
  • mark christian
    Yes, long guns over 50 years old can be transferred face to face between to private parties in CA without the need of a dealer for the transfer. If this involves any type of shipping the whole deal off and you'll need a dealer.
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  • dfletcher
    quote:Originally posted by mark christian
    Yes, long guns over 50 years old can be transferred face to face between to private parties in CA without the need of a dealer for the transfer. If this involves any type of shipping the whole deal off and you'll need a dealer.


    Mark,

    I think it would be unwise as hell to not do a private party sale face to face and instead by mail. In general, you have no idea to whom you are mailing, how old they are and have no "face to face" time to make even a cursory judgement. But does CA law specifically require that private party sales (between unlicensed individuals) of long guns greater than 50 years old be done in person? There is a fair amount of discussion on the CA specific website and thus far a definitive answer has not been found.

    I can think of a situation in which doing the private party sale through the mail might not be entirely unwise (if legal). Shooting friend in Auburn likes my Enfield Sniper and bugs the heck out of me about buying. My choice, if selling private party to him, would be let's wait until next month but I can see that others might feel comfortable mailing the thing to someone under those circumstances.

    I'm trying to learn what is legal or not legal as opposed to what is wise or unwise, which as you know in CA may not be the same thing.
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  • mark christian
    If this question originated over on that other website then it should have stayed there. The issue is that two non licensees can transfer a long gun over 50 years old without the transfer taking place at a licensed CA dealer and the answer it yes, state laws allows for this. If you try to buy the same rifle through a dealer you are stuck with the 10 day wait because the dealer by law has to treat the rifle, 50 years old or not, just like any other firearm, DROS you and then you have to wait. CA state law does not allow non licensed individuals to ship firearms to each other inside the state (other states do allow this), the receiving party has to have a license, an FFL or C&R, which means that the transfer is no longer between two non licensees.
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  • dfletcher
    quote:Originally posted by mark christian
    If this question originated over on that other website then it should have stayed there. The issue is that two non licensees can transfer a long gun over 50 years old without the transfer taking place at a licensed CA dealer and the answer it yes, state laws allows for this. If you try to buy the same rifle through a dealer you are stuck with the 10 day wait because the dealer by law has to treat the rifle, 50 years old or not, just like any other firearm, DROS you and then you have to wait. CA state law does not allow non licensed individuals to ship firearms to each other inside the state (other states do allow this), the receiving party has to have a license, an FFL or C&R, which means that the transfer is no longer between two non licensees.


    Mark - it did not originate at another site, just happened to come up separately & I thought I would ask here since a CA specific C & R question was asked. It is a common question like the "can I mail a gun directly to an FFL or must I use an FFL?" here. I understand the other scenarios, was trying to find the specific CA code that prohibited private party sales of +50 long guns between unlicensed individuals. I'll check the CA DOJ site separately.
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  • 5mmgunguy
    Thanks Mark...no ten day wait either I assume. Just a bill of sale to protect me.
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  • mark christian
    No, you don't need to wait ten days, but get a bill of sale and I would advise a drivers license number, just in case anything goes wrong.
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  • 5mmgunguy
    Thank you.
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  • SP45
    Just a thought. If the buyer has a drlivers license or license to carry I always write that on the bill of sale. If later asked how you knew that the person was not a convicted fellon possession of either of these state documents shows due diligence.
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  • EOD Guy
    Mark,

    What in California law forbids shipment of a 50 year old long gun between unlicensed individuals within California? If it is not specifically forbidden, then it is allowed.

    Also, the Penal Code refers to California licensed dealers. C&R FFL holders do not fit that category and their status as Federal licensees is irrelevant.

    Rich
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  • mark christian
    I gave up questioning you years ago and I won't start now; I'm sure you are right.
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