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Out of Ca Transfers


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Just a question regarding sales of firearms from Ca to an out of state buyer. I have gotten two opinions from local gun shops on this and would like to hear some other opinions/facts. One shop said I just ship from me to the buyers FFL-done deal. The other was that I need to take it to an FFL here in Ca. who will then take possession, give me paperwork stating I have relinquished ownership and they will then be shipped to the buyers FFL...that for $125 per Gun! Who is right? If that's the case, it is cheaper to put on consignment here.

 

I have a pair of SS Vaqueros, 4 5/8", consec num, in 38-40 w/40 S&W cyls, factory stock, shot in one match. I would like to let these go.

 

No Ca. flaming...I have heard it all...I havta live here, just some facts would be appreciated.

 

Thanks,

Badwater

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Just a question regarding sales of firearms from Ca to an out of state buyer. I have gotten two opinions from local gun shops on this and would like to hear some other opinions/facts. One shop said I just ship from me to the buyers FFL-done deal. The other was that I need to take it to an FFL here in Ca. who will then take possession, give me paperwork stating I have relinquished ownership and they will then be shipped to the buyers FFL...that for $125 per Gun! Who is right? If that's the case, it is cheaper to put on consignment here.

 

I have a pair of SS Vaqueros, 5 1/2", consec num, in 38-40 w/40 S&W cyls, factory stock, shot in one match. I would like to let these go.

 

No Ca. flaming...I have heard it all...I havta live here, just some facts would be appreciated.

 

Thanks,

Badwater

I have twice sold a pair of SAAs to Ca residents (I live in FL) without any hasstles. I simply shipped to the CA FFL. I don't know about what a CA resident would have to do, but $125 is a hefty fee!

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I'm not sure if right but I have shipped both hand guns and long guns out of state...As owner I can ship direct to there FFL with no hassle but some require something in writing to show that it is an FFL I'm sending to...It may be a copy of the FFL paper work or I have used a print out from a Federal web site that show that a address is an FFL holder...Hand guns go over night and long guns go little slower...No problems so far...But wait a week or two and someone at the state will see a money making idea...Along with a tax...

 

Texas Lizard

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Howdy, I am a Ca FFL holder and you can ship them to another

ffl out of state you do not have to go thru an FFL in Ca. It would be best to get the ffl you are shipping to to fax you a copy of his ffl. Some ffl's try to rip people off. Good luck.

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Here, read this:

http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

 

Basically, Federal Law requires that interstate transfers have to go through an FFL in the purchaser's state and that the applicable laws in each state are complied with (the laws for selling in the seller's state and the laws for buying in the purchaser's state).

 

Even though this is a private party transfer, CA law says you have to go through an CA FFL when buying or selling a Firearm.

 

Long story, short. As a CA seller, you need to have a local FFL ship it to the purchaser's FFL.

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Howdy Badwater, I just bought a pair from the far east. They

had to ship to my FFL, he charges me $25.00 per gun for paperwork.

He holds them #1 10 days and #2 an additional 31 days.

When I ship guns I let my FFL do it and he charges me $25.00

for the time spent on time/gas. No paperwork except the purchasers

FFL paperwork.

That's how I do It.

Happy trails

QDG

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Thanks to all the answered my question. I followed the advice of Ca residents and decided to go the safe route and go FFL to FFL. One pard gave me a lead on an FFL that will do the transfer for a good deal less than what I was first given.

Thanks again,

Badwater

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I can't speak as to California law regarding transfer to another state as the written law is a bit vague, but is not necessary to transfer FFL to FFL in most cases, even handguns.

 

From the ATF FAQ:

Q: May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

 

From what I've read, a California resident to California resident sale must go through a "fully licensed California firearms dealer." See item 14 here. It appears to me that the CA laws are much more concerned with sales of guns to CA residents, but it would not suprise me to find that they wish to control any sale even if hte buyer is in another state.

 

According to the California Firearms Laws page 37:

Sales, Loans, or Transfers of Firearms

It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section 12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan, or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)

My question for the attorneys would be in regard to the definition of "completed." As an individual, I can ship a gun directly to an FFL in California where the transaction would be "completed," but I would not be surprised to find that their definition of "completed" would involve a FFL to FFL transfer. Where's Irish Red when you need him?

I didn't stay at a Holiday Inn Express last night, so for the record, I'm not pretending to be an attorney.

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Thanks to all the answered my question. I followed the advice of Ca residents and decided to go the safe route and go FFL to FFL. One pard gave me a lead on an FFL that will do the transfer for a good deal less than what I was first given.

Thanks again,

Badwater

 

I just talk to Andy at Walker 47...He says that you as a private person may ship your firearm to to any FFL out of state or in state...Now the shipper might ask for proof that it is going to an FFL...When I have done such I always ship over night, but never have had a problem...Your choice...

 

Texas Lizard

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I just talk to Andy at Walker 47...He says that you as a private person may ship your firearm to to any FFL out of state or in state...Now the shipper might ask for proof that it is going to an FFL...When I have done such I always ship over night, but never have had a problem...Your choice...

 

Texas Lizard

 

 

Texas Lizard,

 

Andy at Walker 47 is who I bought the gun from that you want to buy. And if anyone knows California gun laws, it's him.

 

Boneyard Ranger

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Howdy, I am a Ca FFL holder and you can ship them to another

ffl out of state you do not have to go thru an FFL in Ca. It would be best to get the ffl you are shipping to to fax you a copy of his ffl. Some ffl's try to rip people off. Good luck.

Howdy;

What is the story shipping into Ca?

And of course I am in Mass. (sorry)

Both hand guns and a rifle???

Thanks in advance

KenK

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To sell a gun out of California ship the handguns overnight by UPS of Fed-EX and the rifles any speed you want by the US mail. Don't need to go through an FFl going out of California

but does need to go to one on the other side. I live here and do both quite regularly, with the approval of my FFL.

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I was the holder of an FFL for a number of years here in California and later as a private citizen I have shipped handguns to FFL's out of state with no problems.

 

Howdy, I am a Ca FFL holder and you can ship them to another

ffl out of state you do not have to go thru an FFL in Ca. It would be best to get the ffl you are shipping to to fax you a copy of his ffl. Some ffl's try to rip people off. Good luck.

 

The above is quite true. Look at it this way. If you had sent an older gun to a Florida dealer to be nickel plated and returned to you. Then there was an accident since the older gun was made of an unknown alloy and the acid baths destroyed the gun. The dealer called you up and said it was hopeless, the gun was destroyed and he will pay you for the gun. You have just sold the gun out of state. Woops!

 

Or, a few years back I had an American Derringer that I wanted to change the caliber on. Sending out the 38spec and asking for 44mag barrels to be fitted on the gun. As I always do, in the letter I addressed to AD I listed the model and serial number of the gun to be worked on. The gun had seen it's better days and had a few dings on it but I wanted it for a shooter. I got the gun back and was elated. I couldn't wait to shoot it. Looking at the gun I started to notice that the dings were missing? Did they do me a favor and buff those out? I checked closer and the serial numbers didn't match! They took my 38spec and sent me a brand new 44mag gun. That explains their fast turn around time! No telling how many laws were broken there. I got nervous after awhile and eventually ended up selling the piece and transferring it through a local dealer so now there is paper on it. A big Woops on that one.

 

California only really cares about what's coming into the state, not going out of the state. If everyone sold all their guns to Nevada dealers, the CA government would be pleased as punch. So as long as you keep your nose clean and ship it to an FFL, life is grand. Smithy.

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