California Approved Gun List question

M

marine

New member
I recently paid an "out of California" dealer for a Colt Detective Special revolver and had them ship it to my local FFL sporting goods store. When I went to fill out the paperwork, my local dealer said that the Colt Detective special was not on the Approved gun list. There were other 38 spl colts, but they had 5 inch barrels. There were lots of 2 inch barrels but non were Colts.
The local FFL indicated that they had to send the piece back. But they also indicated that if the firearm had been shipped to a private FFL dealer, then the transfer could have been completed, since the private FFL dealer can bypass the approved gun list. This seems to make sence as I recently purchased a detective special thru a private dealer at a gun show, and didn't have any problem.
Does anyone have any experiance on this? When the gun gets sent back to the out-of-state dealer, and I find a private FFL in Calif that will received the gun, would I still be in the same boat?
Granted, the Calif FFL holder should have checked the approved list before agreeing to receive the gun. But it was the last thing that they did, after all the shipping and receiving charges were paid, DROS paperwork filled out, etc.
 
i use a private dealer out of his garage to do transfers and he WONT bring anything in for me that is NOT on the list.
 
You cannot bring any handgun not on the list into the state of California unless you're basically moving into the state and then you have to register it within 60 days.

You can do a transfer of any handgun not on the list through consignment or private party (not really private) through an FFL and wait the 10 days.
 
Roster of approved guns, check the link 1st before buying

SIGarmed -thanks for the info. Now the lite has gone on in my big dumb brain.
The Colt Detective Special that I had previously bought at a gun show was, indeed, a consignment item.
This from the California Department of Justice:

Roster of Handguns Certified for Sale

Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

This query will provide handgun models that are currently certified for sale in California.

There are currently 968 models in the database. To find listed handguns, select a manufacturer [or all] from the drop-down menu and then click on FIND.
http://justice.doj.ca.gov/safeguns/safeguns_new.taf
Man - do I feel stupid. There is no way I can take possession of this revolver.
 
Marine, I think your best bet would be to do what the rest of us here in California do...try and find one in state.

Bob
 
" The local FFL indicated that they had to send the piece back. But they also indicated that if the firearm had been shipped to a private FFL dealer, then the transfer could have been completed, since the private FFL dealer can bypass the approved gun list. "

Dead wrong. A "private" FFL has the same license and legal requirements as a "dealer" FFL. I do many buys from a private FFL, and believe me when I tell you: they CAN NOT buy any non-list gun from an out of stste person (private party or FFL). They can broker a sale between two Kali residents on a non=list gun using the private party transfer form, but a non-lit gun CAN NOT be inported by a dealer. The only exception I know of is that a father or grandfather may bring in a non-list gun to give as a gift to his child and a new resident coming into kali for the first time MAY be allowed to bring in his personal guns (I am not dead sure about that one).

You can call the CDOJ in sacramento and get the straight scoop.

916-227-3703
 
MARINE,
The only two loop-holes in the Kali law, are that any firearm over 50 years old is exempt from the law. Basicaly they are calling it a curio/relic. anything newer than 50 years old is subject to the Kali safegun bull! Oh and Private Party transfers are exempt too.

The other guns that are exempt are consignments, because the gun is beig sold by a non FFL, the gun store is only taking care of the formalities for a small fee.
FFL's here in Kali have to pass up those killer deals on 10, 20 and 30 year old guns that some old lady is selling. Because they just can't get rid of them here in Kali if they buy them. Unless they sell them online and ship them out of state to another FFL.

On the subject of private FFL, they have to follow the same laws! However some try to bypass the laws by "buying" the piece for themselvs and then "Consigning" the piece from themselfs for sale at their own shop! For a few extra bucks some will receive the piece for you and then sell the gun to you as a consignment. Wink, wink! :rolleyes:
 
" FFL's here in Kali have to pass up those killer deals on 10, 20 and 30 year old guns that some old lady is selling. Because they just can't get rid of them here in Kali if they buy them. Unless they sell them online and ship them out of state to another FFL."

That is also illegal. According to Kali DOJ (firearms) people, a Kali FFL may not legally take into his inventory any non-list firearm. That is why PPT and consignment sales are legal: the FFL never actually takes control or ownership of the gun. If he buys one from out of state, receives it, and resells it out of state he is breaking the law (according to CDOJ).
 
Thanks for all the info. The gun in question is being sent back. There is no way around the approved list.
The bottom line is this. If the gun already resides in Calif, then the private owner can transfer ownership via a FFL dealer, or by consignment by a FFL holder. The DOJ was contacted and they said "no way" but contact BAF to make sure. I thought it could bypass the list by being a relic. BAF said "no way" because it wasn't 50 years old.
The lesson I learned is that if you are buying from out of state, check the list 1st before giving up your hard earned $. The FFL in Calif where the gun is being shipped to, may not check the list until you try to fill out the paperwork.
In my case, I thought that since I had already bought a detective special, that another purchase of the same gun would be ok. But I bought it as a consignment item, not an out of state transaction.
 
Private Party Transfer in-state ONLY????

I want to buy a Colt Python 4" Blued pistol from a friend in Colorado.
What's the problem?

I understand the part where you can't purchase a non-list item from a dealer.
I understand the part where Private-party transfers are exempt.

Where did we get to the part where both seller and buyer have to come from within the state?

Every way I read the laws, I should be able to do a private-party purchase from anybody anywhere. All we have to do to comply is to conduct the paperwork through the services of an FFL.

Can somebody clear this up for me?
 
Where did we get to the part where both seller and buyer have to come from within the state?
Click to expand...

Federal law, same in all states. You can't do a private party transfer across state lines - it must go through an FFL. While the money might be handled differently, on the legal side it is a purchase from a dealer.

Since some guns can't be bought through dealer in Kali., that's the reason you can't get a non-approved gun from Colorado.
 
Where did we get to the part where both seller and buyer have to come from within the state?
Click to expand...
Because if the gun is out of state, it would have to be shipped here and recived by a local FFL. He can not receive and sell a non list gun from out of state (clearly illegal). The person in Colorado can not legally drive the gun into the state for a PPT sale to you because that is clearly illegal (importing an unapproved gun). Only loophole is if he came here to become a resident he could legally carry in and register all guns he owns now, and then he could sell it later as a PPT. Unless he comes in to become a resident, it won't fly.
 
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