Sale to California resident legal?

P

Patrick Kelly

Inactive
I have a potential buyer for my SA M1A, this is a standard 'Loaded' model and does not have any of the mods to make it 'California legal'.

The buyer is a California resident and says that he has a local FFL to make the transaction. I'm in the midwest.

Given Californias guns laws (I used to live there, not anymore thank God) would this sale be legal?
 
I wouldn't do it. If it turns out not to be legal the state of California will seize the gun and will destroy it. I don't think that ANY gun with all the "evil features" that they banned are importable except to LEO's and the Military IIRC.

I'd find another buyer if I were you.

Just my .02

Wayne
 
It is legal for you to transfer the gun to an FFL. It is his responsibility to ensure it is legal to transfer to the buyer in his state. If it turns out he cannot transfer the gun, he can ship it back to you.
 
I always wondered about that - what is the seller's responsibility if the FFL gets it but the buyer turns out to be ineligible? He shouldn't have to pay to have the rifle shipped back to him and he's already got his money. Not his fault the buyer can't buy it either. Anyone know about that kind of situation?
 
Of course, for an interstate transfer, an FFL is required as an intermediary.

The only modification needed to make an M1A California-legal is to remove the flash suppressor. The kind of California paranoia exhibited by some in this thread is really unnecessary.
 
Yes, you are sending it to an FFL, an intermediary, but the law applies to importing certain items into the state. So if you sent an "assault weapon" to an FFL in California for an "unqualified" (non-LEO) buyer, you might be guilty of a crime. Therefore, DO NOT send the flash hider or any 20 round mags into this state. The buyer can get a California-legal muzzlebrake easily enough.

If you send the gun with the flash hider installed, you will be putting the FFL into a very awkward position.
 
The kind of California paranoia exhibited by some in this thread is really unnecessary.
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Telperion, the only reason that there is "california paranoia" is because your state has created it with those that wish to sell and the resident just happens to live in california.

If the FFL receives as "illegal by california" standards gun then he or she will most likely turn it over to the authorities due to if they check his/her records and found an illegal gun was in the shop, well, you know how governments work.

And I thought that no rifles with detachable mags could be imported into the state? 10 rounds or not? The only ones allowed were the ones that were grandfathered in? Please correct me if I am wrong.

Until the citizens of California change the leadership there will always be "paranoia" when it comes to dealing with the state. I for one would not ever think about selling anything to anyone in california due to I may never see the gun or the money for the gun (since most of the time you give a 30 day inspection period before you pay).

Don't yell at us for our "paranoia" about your state laws, it's not our fault that they are the way they are and we are not to blame for what we think when it comes to selling to the people of california. I wouldn't sell to NJ, NY and many other states also so it's not like it's just a California thing.

I still wouldn't sell Patrick Kelly, it's just not worth it if the state deems it illegal and you may lose both the gun and the money. Worse case of course but it's possible.

Wayne
 
And I thought that no rifles with detachable mags could be imported into the state? 10 rounds or not? The only ones allowed were the ones that were grandfathered in? Please correct me if I am wrong.
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That is incorrect. A detachable magazine is one of the qualifiers for an assault weapon. If the rifles does not have any other "evil features", or it is not specifically named, it is not an "assault weapon" under California law. A flash hider is an evil feature in California so an M1A has to have it removed in order to ship to California. SA and others make muzzle brakes to replace the flash hider.
 
If the FFL receives as "illegal by california" standards gun then he or she will most likely turn it over to the authorities due to if they check his/her records and found an illegal gun was in the shop, well, you know how governments work.
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Assuming the dealer recognizes the flash hider as a problem (FFLs aren't necessarily experts on the law and every rifle that comes their way), my guess is that most FFLs would exhibit enough ... ethical flexibility ... to make sure that flash hider disappeared before sale.

I'm in agreement with your sentiments on California laws, but paranoia and disinformation (as pointed out by EOD Guy) only makes things worse.
 
I would contact the FFL dealer involved and get his input on how HE is going to handle this questionable rifle when it arrives. If the FFL has no answers, then I'd stop the sale.

Springfield may also have some good advice on this situation.


I very much doubt mistakenly sending a gun that is legal by Federal law to a banned state's FFL could get you in trouble. That's what FFLs are for - to figure out if there's a problem and send it back to you if it is. But you possibly could lose the gun, so caution is dictated.


My concern would be the threads left with the flashhider removed. Those may also be illegal in Cali, and require a permanently affixed muzzle brake before importation.
 
I'd point out that the sender is not importing a rifle into California... they are exporting it from thier own state... the receiver is the one doing the importing.
 
My concern would be the threads left with the flashhider removed. Those may also be illegal in Cali, and require a permanently affixed muzzle brake before importation.
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A threaded barrel on a rifle is legal in California. Threaded barrels on handguns are not legal.
 
Thanks for all of the advice guys. Most of it was good and well received. Unfortunately it seems that the buyer has bailed on me due to his lack of response over the last couple of days. If so he's running true to form for this scenario. I've never been jerked around more than during the time I've tried to sell this rifle. I think it's just going back into the safe for good. I don't need the frustration.
 
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