Out-of-state to CA private transfer through FFL?

[ruger22]

Okay all you FFL guys, strain your brain here:

I have an interested Bobcat buyer. Lives in CA, has a CA carry permit, works often in VA at NASA/Langley. He just missed me last trip.

Can I sell him a Bobcat, sent by me and received by an FFL in CA? It is not on the CA DOJ list. Everything I've found says it is a private party transfer not bound by the list.

Or is it better to wait and sell it to him in VA face to face and him carry into CA in checked luggage? It would involve a nearly four hour (each way!) drive that he says is okay.

Bonus question: He may be interested in both Bobcats I'm selling. Kalifornia has a one handgun every 30 days law, like VA. VA is okay buying more than one with a VA CCW. Haven't found for sure if CA is same.

[KAZ]

You are correct to research this as the fact that it is a handgun makes it a different cat in the first place, and to CA yet another requirement. For example, I can ship a rifle/shotgun to an FFL(some will not accept from individual) in most states(not CA) directly from me(not an FFL). Handguns must go FFL to FFL in every case. So, on handguns my FFL ships them to another FFL, but he will not ship to CA. As I understand it an FFL has to do specific things to be on a CA approved FFL list, and be able to ship to a CA FFL. Regards

[Bullseye]

It is illegal to ship (import) a non-CA DOJ approved firearm into the state of California. In Cali, all firearms transactions have to go through a licensed FFL dealer, even private sales, and all must adhere to their 10 day waiting period ( it used to be 15 days before the instant background check). He cannot legally buy your firearm (face to face) and carry it into CA. You may not sell that firearm to a person who resides in another state without transferring through an FFL dealer in his state. Both of you would be violating Federal Law.

"A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]"

Your in a "Catch-22" situation, you cannot sell it to an out-of-state resident without transferring the firearm thought a CA licensed FFl dealer, and a CA FFL dealer cannot import a firearm that is not approved on the CA DOJ firearms list.

R,
Bullseye

[ruger22]

A quote from the CA DOJ website:

"The requirements for handguns to pass safety and functionality tests and to be listed in the Department of Justice’s official list of handguns certified as safe for sale in California do not apply to transactions involving the following:
• Private party transfers of handguns occurring through a firearms dealer. (Penal Code § 12132(a).)"

Another quote from CA DOJ:

"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."

The way these read, I can "import" a Bobcat to a CA dealer for the "private party transfer" to the buyer, even if the Bobcat is not on the DOJ list. Or he can possibly buy it directly in another state, so long as he adds it to his reported ownership list in CA.

The DOJ list seems to apply more to new guns from dealers. PPT seems less stringent, except on "assault guns" and high-cap mags. Some places even read like it's okay to buy the mags, so long as they are not "assembled".

It is so goofy. Beretta Tomcats are on the list, just a higher caliber Bobcat. Beretta let the Bobcat expire, then CA added a LCI and mag safety requirement, so the Bobcat can't be relisted.

Among other rules, some are so illogical and contradictory it's amazing that half of CA isn't locked up for firearms offenses.

It's somewhat amazing that the manufacturers haven't told CA to shove it.

[Bullseye]

I was mistaken. I see that private party transfers are exempt, they didn't used to be when I was licensed to sell firearms in CA, however it was before 2001. The requirement that all firearms transfers are conducted through an licensed CA FFL dealer for residents still stands along with the waiting period of 10 days. You are still bound to the federal law about private party transfers to persons who are out of state residents (in your case out of VA) and you may have difficulty locating an CA dealer who'll accept a firearm not on the approval list because they are very cautious about running afoul of the CA Attorney General. As you can see, CA has a lot of conflicting firearms regulations which has caused many dealers to forgo any sales in that state. Their Laws have been a primary driving force in some of the new safety configurations we see throughout the country.

R,
Bullseye

[ruger22]

I have given up on local, and listed one on auction. I posted for PM's on our Trading Post.