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-   -   Selling non-approved handgun private party in Cali (http://www.firearmstalk.com/forums/f97/selling-non-approved-handgun-private-party-cali-28077/)

NTZ6 06-08-2010 05:17 PM

Selling non-approved handgun private party in Cali
 
So a friend of mine's grandfather who lives out of state purchased a handgun (not on ca doj approved list) and gave it as a gift to my friends dad. I showed interest in the firearm and he is willing to sell it to me which is legal to do private party.

My question is, is there a certain amount of time that needs to pass b4 he is able to sell the firearm? I basically don't any of us involved in the transaction get in any type of trouble.

Thanks for the help

TheDaggle 06-08-2010 05:48 PM

I am not aware of any time limits. As long as no "high" capacity magazines are involved, and it isn't otherwise prohibited here (like the taurus judge, which is considered a short barreled shotgun) it shouldn't be an issue. Your FFL should be able to verify the legality of anything you want to do. If it isn't kosher, no FFL will do it, so if he/she will do the transfer, you'll probably be okay.

*I'm not a lawyer, but I believe this to be accurate.

ScottG 06-08-2010 07:55 PM

Seems to me that if it's not on the California approved list, you can't own or possess it as a resident of that benighted state.

Until you clean out the junta in charge of that state, you're stuck following their anti-freedom rules....

bkt 06-08-2010 08:11 PM

ScottG's right.

If you're in doubt, contact an attorney who specializes in firearms law in CA. This forum really can't provide legal advice, though I have no doubt many here know the law very well. More to the point, you shouldn't rely on legal advice you get on the interwebz.

TheDaggle 06-08-2010 11:14 PM

Private party transfers are exempt from this law. Provided that the gun does not possess any "evil" features (high cap mags etc.), and is not of a specifically banned design (shotgun handguns etc.), they may be sold via private party in CA.

Roster of Handguns Certified for Sale - Firearms Division - California Dept. of Justice - Office of the Attorney General

I checked this out a couple months ago in an attempt to get an XDm here in Kalifornia.

Edit: bkt and scottG are right, you may want to ask someone who can provide legal defense if they're wrong :D

c3shooter 06-09-2010 01:54 AM

First problem is the illegal transfer of the gun from a non- CA resident to a CA resident. Other than by inheritance, Federal law prohibits transfer of ownership of a handgun other than from a dealer of your own state, or a resident of your own state. 18 US Code 922. And no, not a lawyer, but know enough law to run like crazy from some things- and this be one of them. :eek: Crossing a state line triggers the Fed law. Sorry-


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