private party transfer from oregon to calif.

L

lodi

Inactive
I have a family member who lives in oregon that wants to give me a gun thats not on the list he is going to bring it next time down can we do a transfer even though he has a Og. lic. and a kimber .45 which as I said is not on the calif. list???????????
 
Think we have capitulated California to the Chinese already. :)

Don't take a chance with what little freedom you have left in California. Spring for the forty-five bucks and do a FFL transfer. And if you are not sure, call your local ATF office and do exactly what they tell you. Laws and regulations are changing in California by the minute. Cover your butt!

Robert
 
Kimber has 12 different models on the approved list. If the one you want is not one of them, you are screwed. You cannot legally do a private party transfer with a resident of another state, even face to face. Also, it cannot be shipped to a California FFL holder for transfer. Cal Dept of Justice stated in an information bulletin (2000 FD-7) that this would have to handled as a "Handgun Dealer Sale" and could only be done with a listed handgun.
 
My take on this is as follows (please correct me if you believe I'm wrong): If one wants to transfer a handgun from out of state (Oregon) to a buyer or family member living in California, one has to contact a FFL in Oregon to perform the transfer itself. The would-be recipient on the CA end must also go through a FFL in CA to do the receiving. Prior to the Oregon FFL shipping the gun, he must have received a signed copy of the CA FFL license via snail mail. Fax and/or photo copy is not acceptable nor legal. Upon receipt, the Oregon FFL ships to the CA FFL. Upon receiving the transferred firearm, the CA FFL notifies the ultimate recipient who then fills out the CA DOJ paperwork and submits to a 10 calendar day waiting period and background check (CA has instant check but a 10 day wait as well). At pick-up following the 10 day wait, the recipient completes a Form 4473, as required by BATF, and takes possession of the weapon. The recipient pays the DROS and transfer fee in CA. The seller or giver pays a transfer fee to the OR FFL. Shipping cost is mutually worked out between the seller or giver and the FFL doing the shipping. That cost may be added to the ultimate price. That arrangement is also worked out between the buyer and seller irrespective of and without involvement of either FFL.

Further, the recipient must hold a CA Firearms Safety Certificate to buy or take possession of a handgun. Or he must show evidence of military service with honorable discharge via a DD214.

Guns "on the CA DOJ approved list" refer to new handguns provided by a manufacturer to a distributor or dealer in CA. If not on "the list," having not been submitted for nor passed the drop testing requirement, the new handgun may not be sold by a dealer in CA.
 
PKAY,

You are right on several points. However, there is no legal requirement for the sender to have an FFL, although many receiving FFL's require it as a CYA. Also, as I stated, California considers such a transfer to be a dealer sale and subject to all SB15 requirements. Dealers cannot sell ANY non-certified handguns, new or used. There are a few exceptions (C&R handguns, Olympic style competition handguns, handguns on consignment, etc).
 
I thought used guns were exempt, and only new ones were covered. There are many "used" guns of various manufacture and model no longer being made, yet not C & R, for which the manufacturer no longer has any stock to submit for test, e.g. S&W Model 27. What's the deal here?
 
It doesn't really matter. A dealer's only option is to sell the gun out of state. The only non-certified (non C&R) used handguns that can be sold in California are private party sales processed through a dealer.
 
So the distributor/dealers like B&B who don't buy used guns to re-sell but take consignment pieces can move them. But gun dealers like the Stockade, located in the same town, who don't do consignment sales but purchase outright from individuals, cannot re-sell within CA even if the manufacturer and model are exactly the same. What a crock of Bull Sh*t! Ridiculous in the extreme!
 
You'll get no argument from me. The whole thing is nothing but a "feel good" BS law. Also, in case anyone is wondering, the DOJ has already said that one dealer consigning a handgun to another dealer in order to get around the law is a no-no.
 
Well, I just finished visiting the CA DOJ site. The list of approved guns is getting longer. But I don't see Les Baer, Wilson Combat, or Freedom Arms yet. Imagine taking the beautiful works of art from these specialty firearms manufacturers and putting them through destruct testing! That they would pass isn't the point, of course; it's just the thought of having to undergo a process originally envisioned for the likes of Raven or other so-called "Ring of Fire" schlock houses that is just unconscionable.
 
FYI,

Most single-actions are exempt from SB15 and
therefore don't show up on the "approved" list.

If I remember correctly, the Single Action Shooting
Society lobbied to have single-actions exempted,
in exchange for their support of the bill.
Thoughts about "all hanging seperately" come to mind...

Excerpt From SB15:

12133. The provisions of this chapter shall not apply to a
single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:

(a) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.

(b) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.

(c) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver,and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection
(d) of Section 925 of Title 18 of the United States Code.
 
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