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Thread: Buy a gun in different state?

  1. #1
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    I live in California. Can I go to another state and buy a gun or do I have to be a resident of that state? Thanks for your help.

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    While it may be possible, the transfer MUST be FFL-FFL. In other words, you cannot go in person to another state, and buy a firearm to transfer in your hands to another state...... IANAL, YMMV..
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    You don't even have to go to the other state to buy, there are many on-line gun stores who would be happy to sell you whatever you can afford.

    But, by Federal law you cannot take possession of a new firearm except from an FFL located in your state. CA has additional restrictions, for example, private-party transfers must go through an FFL as well, and a CA FFL cannot process a interstate transfer on your behalf unless the firearm is received from an out-of-state FFL that is on a CA-approved list.

    Another restriction, if the firearm is a handgun, it must be on the approved list at http://certguns.doj.ca.gov/

    Want more? In CA you have to have an eligibility certificate to buy or possess a firearm. If you want a handgun, you also need a safety certificate. There are many others, and there are exceptions (e.g. receipt by inheritance is exempt from some restrictions). Finally, localities can have additional restrictions.

    You might want to consider going to some other state to buy what you want, and never go back to CA!

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    These are the moments when I hate CA.

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    For what it's worth, I believe that long gun purchases can go through out of state ffls.

    I didn't see anyone address the OP's post from a person to person perspective. Can he go to another state and buy a firearm from an individual?

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    But, by Federal law you cannot take possession of a new firearm except from an FFL located in your state.
    Not exactly correct. By federal law, an individual can acquire a long gun from an FFL in any state, unless state law conflicts.

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    Is no because person to person sales between residents of two different states is against Federal law, regardless of which two states the buyer/seller are from and regardless of the type of firearm.


    Didn't know that. My dad travels a lot and buys guns from flea markets all the time from different states.

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    NavyLT wrote:
    A private party sending a firearm to an FFL in CA does not have to meet this requirement, however. So it is actually easier for a private party to send a firearm into California than it is for another FFL to do so!
    That's interesting.

    Can a private party (from a state outside of CA) send to a CA FFL (for transfer to a CA citizen buyer) ahandgun which is not on thelist of approved guns?

    I amthinking of a regular handgun (revo or semi-auto) that is available legally in other statesbut which has not gone through the CA testing.

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    Become a resident of multiple states, I am

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    Pace wrote:
    Become a resident of multiple states, I am
    How many?

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    NavyLT wrote:
    architect wrote:
    and a CA FFL cannot process a interstate transfer on your behalf unless the firearm is received from an out-of-state FFL that is on a CA-approved list.
    CA does not have a list of approved out-of-state FFLs. You are slightly confused. The law is in order for an out-of-state FFL to send a gun to a CA FFL, they must first contact CA DOJ and verify that the FFL inside CA is approved and get a transaction number from the CA DOJ.
    Apologies for the misinformation, here is an excerpt from the 55-page California Firearms Laws summary on the CDOJ website (if the summary is 55 pages, the law must weigh a ton!):

    AB 2521 (Stats. 2006, ch. 784) (Jones)
    C Establishes the Centralized List of Exempted Federal Firearms Licensees (FFLs)
    (PC § 12072) as of January 1, 2008.
    C As of July 1, 2008, requires both in-state and out of state FFLs to obtain approval (e.g., a unique
    verification number) from the California Department of Justice (CDOJ) prior to shipping firearms
    to any California FFL (PC § 12072).

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    A few, I've had to move around a lot lately, and my work requires me to spend time all over the globe. Probably going to be in Colorado full time however for a while.

    It's been a weird experience, especially with taxes.

    Not sure anyone remember, but I was evicted from a home for owning firearms. Turned into a lawsuit, they settled, then never paid the settlement, so going back to court.

    HankT wrote:
    Pace wrote:
    Become a resident of multiple states, I am
    How many?

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    I am now thoroughly confused. If I drove to Colorado (I am a DU alum, not that means anything) or any other state could I walk into a gun store and purchase a gun? Obviously wait the amount of time to get cleared and then receive a handgun? Or do I have to be a resident? I am not looking to go online or have a gun sent to an ffl here in CA. I would go to the store in person. I have no felonies would pass the fed check. I have a certificate from CA to legally buy a firearm in CA. But would rather buy outside of CA. Why should I give them my tax money? Not a big fan of CA govt.

    I

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    CoolHandLuke wrote:
    I am now thoroughly confused. If I drove to Colorado (I am a DU alum, not that means anything) or any other state could I walk into a gun store and purchase a gun? Obviously wait the amount of time to get cleared and then receive a handgun? Or do I have to be a resident? I am not looking to go online or have a gun sent to an ffl here in CA. I would go to the store in person. I have no felonies would pass the fed check. I have a certificate from CA to legally buy a firearm in CA. But would rather buy outside of CA. Why should I give them my tax money? Not a big fan of CA govt.

    I
    Federal law allows you to purchase a long gun from a FFL in another state. The issue is California law. The other statesmust conform to their own lawsAND California laws. Since California requires a waiting period and requires you to go throught he CA DOJ background check, any firearm including a long gun would have to be shipped to a CA FFL for transfer to you.

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    Pace wrote:
    HankT wrote:
    Pace wrote:
    Become a resident of multiple states, I am
    How many?
    A few, I've had to move around a lot lately, and my work requires me to spend time all over the globe. Probably going to be in Colorado full time however for a while.

    It's been a weird experience, especially with taxes.

    I knew that one could be a resident of two states. But I've not heard of being a resident for more than two. At one time, I mean.

    Sounds a little chancy to claim residency for3, 4, or however many you do, for firearm transactions.

    Do be careful with that, Pace. I am thinking there must be some kind of limit on how many you can legitimately claim.

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    I wish there was an easy answer here, because I move around and maintain more than one residence because of work, I have to pay taxes in multiple states, have to have licenses in multiple states, it's annoying.

    That being said, I've taken a position in Colorado which will change this. Best for my family, and myself.

    HankT wrote:
    Pace wrote:
    HankT wrote:
    Pace wrote:
    Become a resident of multiple states, I am
    How many?
    A few, I've had to move around a lot lately, and my work requires me to spend time all over the globe. Probably going to be in Colorado full time however for a while.

    It's been a weird experience, especially with taxes.

    I knew that one could be a resident of two states. But I've not heard of being a resident for more than two. At one time, I mean.

    Sounds a little chancy to claim residency for3, 4, or however many you do, for firearm transactions.

    Do be careful with that, Pace. I am thinking there must be some kind of limit on how many you can legitimately claim.

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    CoolHandLuke wrote:
    I am now thoroughly confused. If I drove to Colorado (I am a DU alum, not that means anything) or any other state could I walk into a gun store and purchase a gun? Obviously wait the amount of time to get cleared and then receive a handgun? Or do I have to be a resident? I am not looking to go online or have a gun sent to an ffl here in CA. I would go to the store in person. I have no felonies would pass the fed check. I have a certificate from CA to legally buy a firearm in CA. But would rather buy outside of CA. Why should I give them my tax money? Not a big fan of CA govt.
    Buy? - yes, unless Colorado prohibits it, it is OK with the Feds
    Receive? - no, the transfer to your possession must occur in your state of residence, from an FFL in that state, who is responsible for complying with Federal and State law

    The restriction is on the FFL, not the purchaser. Again, we are talking about handguns here. Rifles and shotguns can be transferred at any FFL's premises, but there are many who will not transfer to an out-of-state resident for their own reasons.

    The transfer limitations apply not just to purchases. Interstate loans, leases, etc. are subject to the same regulation. About the only exception is for inheritance.

    Obviously, CA needs your tax money to enforce all their onerous laws (well, technically your laws). I have lots of friends who live in CA, most of them are not at all interested in getting involved in politics, even the gun owners. Maybe that is part of the problem.

    BTW, a felony is not the only way to fail the 4473 check. Domestic violence, protective orders, drug use, being adjudicated a mental defective, trying to hijack a thread with a silly ******* contest about how many states one can reside in (not really, but maybe it should be), etc.

    All the relevant regulations are available at the CDOJ and BATF web sites, probably best to get it from the horse's mouth, but the bottom line is that it does not appear that you can legally do what you say you want to do.

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    Thank you for answering my question. I appreciate it. Architect, you are right on many levels. More gun owners should get involved and your comment about the multiple state residency was funny and spot on. I appreciate this question I have had on my mind being answered in a civil and straightforward way.

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