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unregistered AR 15 in CA

AR310AR310 Member Posts: 3 ✭✭
edited October 2003 in Ask the Experts
I have an unregistered(not registered before 12/2000) AR15 that is not in CA it is stored in Nevada. I bought the Post ban AR in 1998 from a gun store in CA. My question can I sell it to a Nevada resident? I still live in CA but it is illegal to keep it here in CA since I did not register it before the deadline. I have read the attorney general website and I could not find anything about selling of assault rifle to out of state resident. thanks for any inputs.

Comments

  • nmyersnmyers Member Posts: 16,126 ✭✭✭
    edited November -1
    The pig may be correct about OT law, but what you want to do would be a violation of federal law, & their prisons are not as nice as those in OT.

    A nonlicensee may transfer a firearm to a resident of his state (in compliance with state & local laws), or to a dealer in any state. There is an exception for C&R firearms, but an AR is not a C&R. Since you are unable to sell to an OT resident, you may ONLY sell to a dealer.

    Check out Federal Firearms Regulations Reference Guide (ATF P5300.4).

    Neal
  • rrfhunterrrfhunter Member Posts: 187 ✭✭✭
    edited November -1
    About ALL you can do with it is sell it in Nevada. Private party transfers are legal there without paper. FYI the California department of Justice keeps zero records of long gun transfers after the DROS is processed. They are destroyed after three days. I got this straight from the horses mouth at DOJ. My house was burglarized and I went down to the DOJ in Sacramento to request whatever serial number records they keep. They keep handgun records to the 1930's religously but absolutely nada for long guns. The lady that manages that section told me this in person. Since you bought it before it was an "Assault weapon" nobody in the world knows you have it. But the gun is of zero use to you cuz you can't shoot it out in the woods or range without risking a cop asking questions. Might as well sell it. As I recall, a DOJ investigator told me to do the same thing when I asked him.

    ....I never met a gun I didn't like!
  • bambihunterbambihunter Member Posts: 10,357 ✭✭✭
    edited November -1
    If you can hand-deliver it to the private buyer in Nevada then I don't think you'd have any trouble. I'm not sure about it going from FFL to FFL however.
    Fanatic collector of the 10mm auto.
  • duckhunterduckhunter Member Posts: 7,604 ✭✭✭
    edited November -1
    NMYERS IS CORRECT, ONLY TO A FFL DEALER.DO WHAT YOU LIKE BUT THAT IS THE ONLY LEGAL WAY.

    I WOULD RATHER BE DUCK HUNTING.
  • AR310AR310 Member Posts: 3 ✭✭
    edited November -1
    I love my AR and hate to let it go but unfortunately I have no use of it here in CA after the ban. My friend in Vegas wants to buy my AR but I want to get rid of it legally. I guess I can still sell it instead of surrendering it to law enforcement. The gun is already in the state of NV. I moved it there for storage after the ban hoping for a law change in CA or possible future relocation to NV.

    Do I still fill out the "NOTICE OF NO LONGER IN POSSESSION FORM" with the DOJ after I sell it? Shouldn't it be understood that I don't posses it after the ban?

    My question is do I/we have to go to a FFL dealer to complete the sale/transfer in the state of Nevada? Is there anybody who knows the gun law in NV? Or is this a federal law that everyone must comply? I know gun laws in NV is way much better than OT? They just keep changing the laws here in OT. I was hoping there was a loop hole with this one but it seems hopeless.

    Thanks again for all your inputs.
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 22,348 ******
    edited November -1
    Your problems are all related to the California law which prohibits our un licensed state residents from either purchasing or selling firearms out of state without going through an FFL dealer. Even if your rifle was lawfully registered your situation would not be much different because one way or another a firearm which you own in this state and wish to sell must be transfered through an FFL holder. Legally you cannot simply take your rifle to an out of state gun show and sell it directly to John Q. Public, even if his home state allows for this, under outr state's laws the firearm should go to an FFL and then to John Q. in order for you to have your bases covered.

    On the other hand you are not even supposed to be in possession of this rifle in California and since it is currently sitting in Nevada it is really not under the "eyes" of the DOJ and since long guns are not registered (all the info from rrfhunter is correct-- an OUTSTANING post) I'd just sell the rifle to your buddy using the nearest FFL dealer as a middleman, even though Nevada law allows for private sales. As a firearms dealer here in California I cannot suggest that you do anything other then what is mandated by regulations, but other folks have made valid suggestions about how to rid yourself of the AR burden without the use of an FFL dealer-- you did not hear this from me! The "No longer in possession" form is designed to remove a handgun sold by you from the DOJ data base in Sacramento so that the DOJ is aware that you no longer own that particular handgun...otherwise it stays in your name forever.

    Mark T. Christian
  • The artist formerly known as DanoThe artist formerly known as Dano Member Posts: 29,215
    edited November -1
    Since I'm not a dealer, therefore, have no guideline(s) to follow, I'd say sell it to your friend.....and forget about it.

    No need to complicate matters any worse than they are.

    The "ONLY" bad thing about owning "A GUN" is...not owning two or more!
  • competentonecompetentone Member Posts: 4,651 ✭✭✭
    edited November -1
    What if he gave it as a "gift" to his friend in Nevada? Or should that transfer still be made through an FFL? (This thread is probably going to be locked; start a second thread if anyone has comments.)
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