Legal in California, Question????

7

74camaroman

New member
Ok. I don't know if this is the proper place to post this question, but here it goes.
There is a gun (rifle,.223 cal, w/10rd. mag) that I want to buy. I live in California. The gun company hasn't paid to have the gun tested, which is a requirement for sale in California. So the gun cannot be bought in California. HERE IS MY QUESTION:

I have a friend that lives in Oregon. If he buy's the gun (rifle,.223 cal) in Oregon, Can he sell it to me, through an ffl licensed dealer here in California? Would the rifle be considered illegal?

I am sure that there are alot of guns brought into California, that have never been tested and bought out of state, are these guns considered illegal.

I thank all that respond, seems that I could buy it this way but I don't want to do anything illegal, I try to stay withing the law, I sometimes stretch it alittle.
I make a mistake on this post and corrected the post below,scroll down to 74 camaroman.

Thanks again, Bob
 
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If he buy's the gun (rifle,.223 cal) in Oregon, Can he sell it to me, through an ffl licensed dealer here in California?
Click to expand...
No. Doesn't matter where the gun comes from, the California FFL cannot transfer it to you. The guns already in the state are not considered illegal. There are ways for the guns to get in CA legally. For example, a person moving to CA may bring the firearm with them (as long as it doesn't violate CA's AW ban).
 
The "unsafe" issue applies only to handguns. If the rifle is not an "assault weapon" as defined by the State of California (anything that frightens Dianne Feinstein) then you should be good to go.

Tim
 
You said:

There is a gun (rifle,.223 cal, w/10rd. mag) that I want to buy. I live in California. The gun company hasn't paid to have the gun tested, which is a requirement for sale in California.

Rifles and shotguns are not "tested" by the DOJ in California. The "safety" tests conducted by the State of California only applies to handguns. Methinks that if it is a magazine fed .223 rifle, it is probably not sold new within the State of California because it is considered an "assault weapon." Could you be more specific regarding what type of rifle, exactly, you are talking about?

Once you provide that information, I think you will get some more input from the fine folks on this site.....
 
Boy, am I bad: I must clear this up and it was entirely my fault, I was about half asleep when I made the post; The rifle I want to get is a HI-POINT .40 S&W Carbine.

Hi-Point Firearms, long reconized for quality and affordability in the handgun market introduces their new 40 S&W Carbine. The new Hi-Point Carbine features an All-Weather, Black, Polymer Stock, 10 Shot Mag, 17½" Barrel, Sling Swivels, Grip Mounted Clip Release,, Quick On & Off Thumb Safety, Rear Peep Sight, 32½" OAL and a scope mount.

http://www.mkssupply.com/40_carbine.asp

This is what I am refering too. I asked the company by email if I could get it with a scope and compensator and they said that because of not paying for the testing I couldn't get it in California. Hope this will clear thing up. Thanks all for returing the information.:rolleyes: :o :o
 
I refer you to the California Penal Code:

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall
also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning his or her hand, except a slide that encloses the
barrel.
(D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.

AND

12280. (a) (1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.​

Don't do it.
 
Kilrain beat me to it!
By California's definition, that High-Point is an "assault-weapon" and is illegal in the state. (It has a detachable magazine and a pistol grip - Calif Code 12276.1)
A FFL could not legally release it to you..

Dean
 
I thought so by what I read but wanted to get some more opinions. Thank you all, for straightening out what I thought might be illegal. I will wait till I move out of Commiefornia or win the lotto, which ever comes first. hahaha.
Again, I want to thank all who set me on the straight and narrow, before I did something that just would have cost me money and would have been illegal anyway's. Bob

PS. I vote and have told all my representatives that my vote only goes to the best pro-gunner who runs. I should run myself!!!!!!!!!! and get all the gunners to vote for me and collect a decent salary for sitting on my butt!! Got too much to do and besides, I can't lie to people, just not in my nature.
 
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