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California dealers.

garanch
Is it a state law that dealers in California can only receive a gun from another FFL holder (not from an individual).

Or have I just run into a couple who do not know how to read the laws?
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Comments

15 comments

Date Votes
  • spryor
    Bummer.[:(]
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  • tobefree
    Don't know but that sounds like something a commie state would do!!!
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  • glyn
    Thats not true.
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  • garanch
    glyn,
    So it is NOT a state law? I am just trying to find out for sure. I went to the state gun laws site for California and could find nothing either way.

    Thanks for any help.
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  • Spider7115
    New York State dealers are the same way. I just had an ATF agent at my house and she said it's legal but dealers in New York get hassled by state inspectors so they won't do it. It's very frustrating.
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  • EOD Guy
    quote:Originally posted by garanch
    glyn,
    So it is NOT a state law? I am just trying to find out for sure. I went to the state gun laws site for California and could find nothing either way.

    Thanks for any help.


    It is not a requirement in the California penal code. Since it is not specifically prohibited, it is automatically allowed.
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  • pickenup
    Many FFL's are making up their own rules. (which is their prerogative)

    If it was ILLEGAL to receive a firearm from anyone other than an FFL, then NO "private party" could sell a gun to a pawn shop, or a gun shop, etc.
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  • rider
    An individual can sell a firearm to an another as long as the other holds an FFl license. There are no private party sales in California unless you go to another person as a go-between and pay him a transfer fee and he holds the firearm for the required 10 days. It's the way it is....
    rider
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  • yoshmyster
    I know for a fact no "Signed" FFL you ain't getting that piece in 10 days. Hell my dealer wouldn't even show me the gun but he'll let me know it's here with no paper work (so I need to handle it[:D]). Is it a banned handgun like a UZI mini pistol? Or a high cap? Leave the magazine(s) out of the transaction and there wouldn't be any problem (if it were say HK USP not the UZI) but you will need a "leagal" magazine to do the "Safety Opperation test".

    Also if the seller has to ship the gun from his local gun dealer (say he lives in the state but is kind a far to just drive) with their signed FFL (from the gun shop which is sending it). For this I believe the handgun in question must be on the current approved list from CA-DOJ.

    Or the seller (regular Joe with no FFL) can go in with you to fill the paper work at your gun smith/dealer with FFL to do the person to person transfer. I think you can still get the handguns that are not listed on the CA - DOJ approved list (no obvious no-no guns like UZI micro pistol). Last time I did this was last year.

    (Sad to see another Oppressed Californian with woes[:D]).

    One last thing Garanch what are you trying to get?
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  • garanch
    I sold a shotgun to an individual who lives in California. His FFL dealer is telling me that he cannot accept it from me as an individual. He wants me to have a FFL dealer here ship it to him, so it is FFL to FFL.

    I tried to tell him that an individual can ship a gun as long as I am shipping to a FFL holder and that I have to have a signed copy of said FFL. He tells me that California law says otherwise. It is like talking to a fence post.

    I have never had any problems with shipping any gun in the past except when I attempt to deal with someone in California. I hate to be this way, but from now on, my auctions will state that I cannot or will not deal with California residents. I know that this only hurts the gun buyer but, enough is enough.

    PS. I read on one dealers site (from California) that he charges $100 transfer fee to accept a gun for one of his customers if they purchase it out of state. That is insane.
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  • garanch
    Oh, another note, it is not like I am trying to ship a SPAS 12, or Street Sweeper, Siaga, etc..


    It is a Winchester model 12. Serial numbered to be made in 1942.
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  • fishkiller41
    quote:Originally posted by rider
    An individual can sell a firearm to an another as long as the other holds an FFl license. There are no private party sales in California unless you go to another person as a go-between and pay him a transfer fee and he holds the firearm for the required 10 days. It's the way it is....
    rider



    THAT SUCKS DIRTY-DISHWATER!!! And badly![xx(]
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  • David Nunn
    I have had PRK dealers tell me the same thing. Sounds like a good reason not to live there, in spite of the lovely earthquakes, fires, and mudslides.
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  • yoshmyster
    garanch - The CA dealer is right on this one. The seller has to ship a copy of signed FFL. If one does not have one then one must go to a FFL holder and have them do the transaction (shipping the shotgun with their signed FFL).

    Usually when I had out of state or in state that was a long ol' drive. I had my gunsmith pack a copy of his signed FFL, the payment from me and have him send it to their FFl/Gun store (not to the seller unless he's a FFL holder). Then the person on the other end who's waiting for the payment and the copy of the FFL knows the dude is dealing with a FFL holder. I thought this was a SOP.

    The $100 is much just for recieving and filling out some paper work. Does the $100 include a cleaning and a once over then held in a climate controlled vault guarded by Ninjas? I had one joint charge me $10 for the "use" of the FFL (which is a photo copy of the original which at most was worth a dime).

    Oh that reminds me the buyer will have to pay taxes on the hand/long guns (I don't recall if it's only for in state or out of state purchase). I was told to have the seller send you the copy of the price/invoice to your home. So my gunsmith will have to take my word on the price paid.

    I suppose by making more paper work more people will just say "We do not send anything to California" then take a revenue loss. The dealers in California has no problem sending out their stock out of the state to other states unless it's MA or NJ and New York City.

    It must be nice to be a gang banger since there is no paper work or a 10 day waiting period. And they get all the cool "non CA DOJ Approved" guns at fraction of the cost.

    Nunn - it's an action packed state of wonder[:D]. The fires was to improve the slumping home sales and/or to go around the pencil pushing bureaucrats so they can build them "Monster Houses" which block out the light of the day. Land slides are usually coastal so it's the tree huggers trying to make the damaged spots in to scenic areas for public consumptions (kind a like eminent domain ELF style).
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  • EOD Guy
    quote:Originally posted by yoshmyster
    garanch - The CA dealer is right on this one. The seller has to ship a copy of signed FFL. If one does not have one then one must go to a FFL holder and have them do the transaction (shipping the shotgun with their signed FFL).



    I say again, there is no such provision in California law. If the dealer won't accept the shipment from an unlicensed individual, then it is his policy, not the law.
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