Buying a hunting rifle from someone in California.

[stchman]

I am wanting to buy a hunting rifle from an individual in the state of California. I live here in Missouri and Missouri law states that I can buy a gun from another individual anytime no FFL required.

Would this gun have to go through an FFL?

I asked the local police department and they said they did not know.

Since gun laws are so confusing where does one go to get the facts?

Thanks.

 

[BananaTyrant]

If I remember correctly, you don't need an FFL to sell long guns person to person in California. However getting it to you is another matter. You'll need to have him send it from an FFL in his area to an FFL in your area since USPS won't take it from a private citizen. Unless you pick it up yourself. In which case you'll need to follow the transportation laws of every state you pass through.

Edit: Also, it seems to me like this is the best place to go to get the facts. No matter where you go, someone will misunderstand the gun laws, so why not ask those who enjoy guns and won't think your a violent freak with a fetish?

 

[NavyLCDR]

Federal law requires that it must go through an FFL. In a transaction between residents of different states, a handgun must go through an FFL in the buyer's state of residence. A long gun may go through an FFL in either the seller's state of residence or the buyer's state. However, an out of state FFL would not be able to ship the rifle directly to you by Federal law, so, unless you are going to pick up the rifle, you also are limited to an FFL in your own state.

18 USC 922 (a)(3), (a)(5) and (b)(3):

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;


(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;



http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

 

[NavyLCDR]

If I remember correctly, you don't need an FFL to sell long guns person to person in California.

EDITED: All transactions between private parties in California must go through an FFL. The only common exception is for IMMEDIATE family members, parent and child and grandparent and grandchild.

However getting it to you is another matter. You'll need to have him send it from an FFL in his area to an FFL in your area since USPS won't take it from a private citizen.

USPS, UPS and FEDEX will all accept a rifle for shipment from a private party, IF it is going TO an FFL, and the private party has a copy of the receiving FFL's license. (Sometimes they will even take it without the copy of the license).

Unless you pick it up yourself. In which case you'll need to follow the transportation laws of every state you pass through.

No, he wouldn't. He could transport the rifle according to 18 USC 926a, known as Firearms Owners' Protection Act.

 

[stchman]

It sounds like it will be a complete headache to buy the gun from this person.

Gotta love the anti gun liberals for making it very difficult for a honest, law abiding, tax paying citizen from buying a hunting rifle.

 

[ArmedBear]

Only between residents of California. Not out of state residents.

Not accurate.

All firearms transactions in California legally must go through an FFL.

Whether people always comply with that law is another question.

 

[NavyLCDR]

You are correct. My mistake. Thank you!

 

[EOD Guy]

Only between residents of California. Not out of state residents.

Not accurate.

All firearms transactions in California legally must go through an FFL.

Whether people always comply with that law is another question.
_________________
TANSTAAFL

Transfers among immediate family members and the transfer of rifles and shotguns over 50 years old are exempt from the dealer transfer requirement.

 

[Quiet]

Transfers among immediate family members and the transfer of rifles and shotguns over 50 years old are exempt from the dealer transfer requirement.

As long as both parties are CA residents.
If one of the parties is a non-resident of CA, then it needs to be transfered through a FFL dealer.

 

[Art Eatman]

Since stchman seems to have lost interest in the deal, it's all now moot.