Results 1 to 13 of 13

Thread: Buying and owning handguns in California

  1. #1
    Regular Member
    Join Date
    Jan 2011
    Location
    west
    Posts
    40

    Buying and owning handguns in California

    Can Californians buy handguns in other states and bring them into Cali? Can someone moving to Cali bring in "unapproved" handguns (not unapproved as in high cap mags, but unapproved as being not on the DOJ list)? Is that list just for sales in California?

    Thanks

  2. #2
    Regular Member ccrews's Avatar
    Join Date
    Jan 2011
    Location
    Bellflower/Norwalk/Lakewood, California, USA
    Posts
    40
    I think finding a dealer that would sell to an out of state person will be your number one hurdle. I tried to pick up a shotgun while in my home state of Louisiana and was not able to convince the shop to sell to me even tho my research showed no rules or laws against it at the time. As soon as you pull out that Kalifornia ID they will freak in fear of breaking some law.

  3. #3
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    Quote Originally Posted by yawn View Post
    Can Californians buy handguns in other states and bring them into Cali? Can someone moving to Cali bring in "unapproved" handguns (not unapproved as in high cap mags, but unapproved as being not on the DOJ list)? Is that list just for sales in California?

    Thanks
    According to my understanding, one may bring guns into California, including non-rostered guns, when one moves to California from out of state. There is a grace period for registering handguns with the DOJ.

    However, one may not buy guns out of state, even if one maintains dual residency, and then bring them into California, without moving out of California first. Since this is a function of CA law it does not apply in reverse; one may buy a handgun in California to take back to the second state as a resident of both.

    http://wiki.calgunsfoundation.org/in..._with_firearms

  4. #4
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    Quote Originally Posted by ccrews View Post
    I think finding a dealer that would sell to an out of state person will be your number one hurdle. I tried to pick up a shotgun while in my home state of Louisiana and was not able to convince the shop to sell to me even tho my research showed no rules or laws against it at the time. As soon as you pull out that Kalifornia ID they will freak in fear of breaking some law.
    No gun shop will sell to CA residents, even long guns, as it is a violation of the laws of your state of residency, and is therefore a violation of the terms of the FFL.

    What you need to do is convince them that you are also a resident of their state. However, it would still be illegal to bring them back in California, as far as I understand. So that's only useful if you are, in fact, a resident of that second state and wish to keep the gun there (or another state), but do have a CA driver's license.
    Last edited by marshaul; 03-26-2011 at 09:52 PM.

  5. #5
    Regular Member Firemark's Avatar
    Join Date
    Oct 2010
    Location
    San Diego
    Posts
    445
    Quote Originally Posted by marshaul View Post
    No gun shop will sell to CA residents, even long guns, as it is a violation of the laws of your state of residency, and is therefore a violation of the terms of the FFL.

    What you need to do is convince them that you are also a resident of their state. However, it would still be illegal to bring them back in California, as far as I understand. So that's only useful if you are, in fact, a resident of that second state and wish to keep the gun there (or another state), but do have a CA driver's license.
    OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.
    Last edited by Firemark; 03-26-2011 at 10:44 PM.
    New to OPEN CARRY? Click here first

    "Gun owners in California in 2011 are like black people in the south in 1955. If you don't understand that then your concepts of fighting for gun rights is just tilting at windmills." Gene Hoffman.

    "Why do you need to carry a gun?" ...Because it not a Bill of Needs, its a Bill of Rights!!

  6. #6
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    well,,,

    Quote Originally Posted by Firemark View Post
    OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.
    it seems funny, "weird" to me , that the commerce clause is wildly used by
    the government and the scotus to restrict our rights, "about everything!"
    but i from washington, cant go to oregon and buy a 22 rifle in a hardware store,
    like i did when i lived in eugene when i was in 9th grade.
    the commerce clause is now used more to restrict trade among the states,
    than it is used to protect free trade among the states.
    why the hell is it illegal to go to another state to buy a gun in person,
    if i can mail order, and ffl transfer a gun from anywhere in the country?

    i know, i know, its control, gun control, making me safe, i feel better, ill be ok...
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  7. #7
    Regular Member
    Join Date
    Jun 2008
    Location
    L.A. County, California, USA
    Posts
    149
    Another option: Get a Federal FFL 03 (C&R) license. Go out of CA and purchase a C&R handgun using your C&R license. Bring the handgun back or have it shipped back to you. File DOJ form 4100A within 5 days of bringing the gun in CA. I have done this and it works. J&G Sales has some nice CZ 82s and Tokarevs - http://www.jgsales.com/index.php/c/c...86f5833585d458 .


    See this website:

    https://www.empirearms.com/cal-ffl.htm

    Here is the pertinent paragraph from the above page (one caveat, this page is slightly out-of-date & I did my purchase a couple years ago, so there may have been some slight mods in CA law regarding this. A check with DOJ and your Atty, would be advisable):

    "A federally defined C&R pistol, regardless of age, can be imported into CA if it is legally purchased out of state by a CA resident with a Class 03 C&R FFL and if physical possession of the piece is taken by the Californian Class 03 C&R FFL outside of CA. It can be imported by the CA Class 03 C&R FFL purchaser only - hand carry it back or UPS it to yourself. Importation of the pistol must be reported within 5 days to the DOJ on their special form BCIA 4100A (NEW! download form 4100A HERE) with a $19 payment per firearm. Buying a C&R Makarov with your Class 03 C&R FFL in Las Vegas or Arizona and bringing it (or shipping it) back to California is OK if you register it within 5 days. "

  8. #8
    Regular Member
    Join Date
    Jan 2011
    Location
    west
    Posts
    40
    Quote Originally Posted by marshaul View Post
    According to my understanding, one may bring guns into California, including non-rostered guns, when one moves to California from out of state. There is a grace period for registering handguns with the DOJ.

    However, one may not buy guns out of state, even if one maintains dual residency, and then bring them into California, without moving out of California first. Since this is a function of CA law it does not apply in reverse; one may buy a handgun in California to take back to the second state as a resident of both.

    http://wiki.calgunsfoundation.org/in..._with_firearms
    Excellent concerning outsiders moving in bringing a handgun! Thanks! And, it does sound like Californians buying guns outside of California wont happen... ok, thanks guys!

  9. #9
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    204
    Quote Originally Posted by Firemark View Post
    OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.
    I thought you can buy an off roster handgun the is "already" in CA? So if somebody is moving from Seattle with a Kel-Tec PF9, registering it in CA, and selling it to me after, say, 30 days, that should qualify as a purchase and not just gift.

    Or am I missing something?

  10. #10
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Quote Originally Posted by CA_fr_KS View Post
    I thought you can buy an off roster handgun the is "already" in CA? So if somebody is moving from Seattle with a Kel-Tec PF9, registering it in CA, and selling it to me after, say, 30 days, that should qualify as a purchase and not just gift.

    Or am I missing something?
    Yes, its perfectly legal to perform a PPT (Private Party Transfer) via an FFL of an Off-Roster handgun.

  11. #11
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    204
    Quote Originally Posted by mjones View Post
    Yes, its perfectly legal to perform a PPT (Private Party Transfer) via an FFL of an Off-Roster handgun.
    Thanks for the clarification. Which brings me to :

    PPT of roster handguns without FFL - legal?

    Thanks.

  12. #12
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    Quote Originally Posted by CA_fr_KS View Post
    PPT of roster handguns without FFL - legal?
    No.

  13. #13
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Quote Originally Posted by CA_fr_KS View Post
    Thanks for the clarification. Which brings me to :

    PPT of roster handguns without FFL - legal?
    No.

    Nearly all firearms transactions in CA (with VERY few exceptions) are required to be processed through a CA FFL. If I remember correctly I think non-FFL transactions were blocked in about 1991.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •