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California and Hand Gun

delsouldelsoul Member Posts: 98 ✭✭
edited October 2009 in Ask the Experts
If someone purchases a hand gun in Florida, can he ship the gun to himself at home in Sacramento, CA or is it simply illegal to ship to Sacramento, CA period?

Thanks,
Mike
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Comments

  • dfletcherdfletcher Member Posts: 8,168 ✭✭✭
    edited November -1
    There are no CA laws that restrict shipping of a handgun to yourself; or, that prohibit a gunsmith, factory from shipping your handgun to you after repair.

    The entity doing the mailing - USPS, FEdEx, UPS - may have some restrictions. I've always found UPS to be most reasonable.
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  • rsnyder55rsnyder55 Member Posts: 2,526 ✭✭✭
    edited November -1
    Out of curiousity, how as a resident of CA were you able to purchase a handgun in FL? Or are private party transfers allowed in FL to out of state residents?

    Just asking as I spend a lot of time in FL.
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  • sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    delsoul,

    If you lived in Florida when you bought the handgun, yes. Ship it to yourself via common carrier. I would personally bring it with me when I moved.

    HOWEVER, because this is what it looks like you are asking: Did you buy the handgun while visiting Florida as a resident of California? In that case you would have to ship the gun to an FFL in CA. If you bought it from a dealer, they would have to ship it to an FFL in CA and be on the CA list of approved out of state FFL dealers.
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  • Emmett DunhamEmmett Dunham Member Posts: 1,418 ✭✭✭✭✭
    edited November -1
    If it is on the restricted list in California you are in trouble if the police find you with it. The other thing is that it will have to be rejesterd in California, not just a back graund check, mailing it does not preclude this.


    Emmett
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  • dfletcherdfletcher Member Posts: 8,168 ✭✭✭
    edited November -1
    quote:Originally posted by Emmett Dunham
    If it is on the restricted list in California you are in trouble if the police find you with it. The other thing is that it will have to be rejesterd in California, not just a back graund check, mailing it does not preclude this.


    Emmett


    If by restricted you mean assault weapon, I agree. No threaded barrels on handguns or mag well outside the grip, "named" AWs, etc. So I suppose it would help if we knew what was being brought in. But if restricted means not on the "CA OK Roster" he is allowed to bring that in and can self register with DOJ using their on line form. An individual bring his own legally owned handgun into CA does not need to go through an FFL nor does it need to be on the roster - so long as he does the self register he's fine. Here's the form:

    http://ag.ca.gov/firearms/forms/pdf/volreg.pdf
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  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,453 ******
    edited November -1
    As a non licensed (no FFL) CA resident is prohibited from purchasing a modern firearm of any type in another state. All out of state purchases must be shipped to a CA FFL for transfer and of course handguns must comply with the handgun safety roster regulations.
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  • Emmett DunhamEmmett Dunham Member Posts: 1,418 ✭✭✭✭✭
    edited November -1
    All handguns have to pass a State safety test the manufacture has to pay for. If the weapon will not pass the test or if the manufacture does not want to pay for the weapon to be tested they cannot be sold in California. If the weapon is not on this prefered list it cannot be transfered into the state.
    Some time before the Assult Rifle ban there was some handguns that were ban mostly due to the capacity of the magazine, I remember that even if you would throw away the high capacity magazine the hand gun was still banned, stupid, stupid, stupid.


    Emmett


    Emmett
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  • sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    As wrong as it is...now we're beginning to understand why so many state "No California Sales" in their auctions. Pretty hard to sway those mental midgets in Sacramento.
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  • PEZHEAD265PEZHEAD265 Member Posts: 1,139 ✭✭✭✭✭
    edited November -1
    Private party transfer are exempt.He is not selling it he is allowed to own it.Google CA DOJ and then click on Roster of hand guns and read the first paragraph.The problem is people don't read and understand the laws here.
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  • sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    quote:Originally posted by PEZHEAD265
    Private party transfer are exempt.He is not selling it he is allowed to own it.Google CA DOJ and then click on Roster of hand guns and read the first paragraph.The problem is people don't read and understand the laws here.


    He may be allowed to own it, but it has to pass through the ATF requirements first. Remember the gun was bought in FL and he lives in CA. That's interstate commerce. UNLESS, which he hasn't come back on and stated, he lived in FL when he bought it. In that case, whether shipping or what, it's a bring it along deal.
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  • PEZHEAD265PEZHEAD265 Member Posts: 1,139 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by sandwarrior
    quote:Originally posted by PEZHEAD265
    Private party transfer are exempt.He is not selling it he is allowed to own it.Google CA DOJ and then click on Roster of hand guns and read the first paragraph.The problem is people don't read and understand the laws here.


    He may be allowed to own it, but it has to pass through the ATF requirements first. Remember the gun was bought in FL and he lives in CA. That's interstate commerce. UNLESS, which he hasn't come back on and stated, he lived in FL when he bought it. In that case, whether shipping or what, it's a bring it along deal.

    If he owns it in FL isn't it a private party transfer??The roster of hand guns are for guns to be sold in CA not what you can own in CA.Google the DOJ in CA.That is how I'm reading the law.
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  • dfletcherdfletcher Member Posts: 8,168 ✭✭✭
    edited November -1
    PPT has to take place between two CA residents, you can't PPT from a resident from another state - PPT is pretty much a CA specific item. That has to be done through a dealer transfer and that's where the roster will kick in. But you are correct, the roster only kicks in for dealer sales, not for private sales in state. Stating a handgun has to be on the roster or it's not legal in CA or can't be sold in CA is not quite accurate, unless one is speaking strictly about FFL sales.

    And there are exemptions - LE, intrafamily transfer for example.
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