I live in Oregon and have agreed to sell a Sig 716 to a friend in Southern California.
Because the firearm as assembled (ambi magazine release) is not legal in California, I disassembled everything and recently shipped the parts (except the Lower Receiver) directly to the buyer while we were awaiting some answers as to the legality of this particular Lower Receiver in California.
I shipped the stripped Lower Receiver to his designated FFL on December 19.
Upon receipt, the FFL left me a message that he had "a <deleted> load of questions" and you've probably heard this before...that he could only receive firearms from out of state FFL's and required a CA DOJ CFLC Firearms Shipment Approval Number.
He told the buyer I needed to get a letter from my local FFL with a CFLC Firearms Shipment Approval Number and an affidavit of shipment. There wasn't a chance this was going to happen. My local FFL is legit and this was a legal transfer.
I didn't believe his assertion to be true and did my own research. From the California DOJ web site CFLC FAQ #2 (http://oag.ca.gov/firearms/cflcfaqs#2) reads as follows:
Question: I am not an FFL but I want to ship a firearm to a California FFL. Do I have to obtain a Firearms Shipment Approval number before shipping a firearm to California?
Answer: No. Only shipments from Federal Firearms Licensees (FFL) require a Firearms Shipment Approval number.
I brought this to the attention of the FFL...and he was enraged (that I called him on the law). He went into a rant...I don't know the law...he does. The call abruptly ends...he hangs up. It seems that's his MO when he's challenged because that wouldn't be the last time he hangs up the phone.
I talked with him again later that evening. I told him I was reading FAQ #2 (above) directly from the CA DOJ web site and asked what I was missing. Glancing over my question, he claimed he couldn't accept the firearm because he's licensed as a pawn broker. I didn't see how that was relevant as he was being engaged as an FFL. He further asserted I was running afoul of the California Business and Professions Code because I was an out of state resident and didn't possess a business license. What a load of horse <deleted>. So every eBay and Craigslist seller is required to get a business license in order to sell goods into California? Really? Pull my other finger. And how is an FFL tasked with enforcing the California B&P code? He continues...none of this matters because he's already called the DOJ (to CYA) and DESTROYED the firearm. WHAT? I asked if he was serious. I told him if that was the case, I feel compelled to reach out to the DOJ and ATF and perhaps put this in front of a judge (small claims).
And let me say, I'm sugarcoating the tone of the conversation...I've never met anyone in the gun business that exuded this much <deleted>ry.
What do I do now? He's refusing to send me the lower or the pieces (if it's actually been destroyed). He won't send me anything in writing including an affidavit of destruction and hasn't referenced his authority in law to destroy the firearm.
I recognize if there are any costs to be recovered, this becomes a civil matter.
However, here's my biggest concern...he has my firearm (regardless of its condition/disposition) in his possession with a serial number registered in my name. At what point is this considered a stolen weapon?
Any suggestions on how I should proceed are appreciated.
Because the firearm as assembled (ambi magazine release) is not legal in California, I disassembled everything and recently shipped the parts (except the Lower Receiver) directly to the buyer while we were awaiting some answers as to the legality of this particular Lower Receiver in California.
I shipped the stripped Lower Receiver to his designated FFL on December 19.
Upon receipt, the FFL left me a message that he had "a <deleted> load of questions" and you've probably heard this before...that he could only receive firearms from out of state FFL's and required a CA DOJ CFLC Firearms Shipment Approval Number.
He told the buyer I needed to get a letter from my local FFL with a CFLC Firearms Shipment Approval Number and an affidavit of shipment. There wasn't a chance this was going to happen. My local FFL is legit and this was a legal transfer.
I didn't believe his assertion to be true and did my own research. From the California DOJ web site CFLC FAQ #2 (http://oag.ca.gov/firearms/cflcfaqs#2) reads as follows:
Question: I am not an FFL but I want to ship a firearm to a California FFL. Do I have to obtain a Firearms Shipment Approval number before shipping a firearm to California?
Answer: No. Only shipments from Federal Firearms Licensees (FFL) require a Firearms Shipment Approval number.
I brought this to the attention of the FFL...and he was enraged (that I called him on the law). He went into a rant...I don't know the law...he does. The call abruptly ends...he hangs up. It seems that's his MO when he's challenged because that wouldn't be the last time he hangs up the phone.
I talked with him again later that evening. I told him I was reading FAQ #2 (above) directly from the CA DOJ web site and asked what I was missing. Glancing over my question, he claimed he couldn't accept the firearm because he's licensed as a pawn broker. I didn't see how that was relevant as he was being engaged as an FFL. He further asserted I was running afoul of the California Business and Professions Code because I was an out of state resident and didn't possess a business license. What a load of horse <deleted>. So every eBay and Craigslist seller is required to get a business license in order to sell goods into California? Really? Pull my other finger. And how is an FFL tasked with enforcing the California B&P code? He continues...none of this matters because he's already called the DOJ (to CYA) and DESTROYED the firearm. WHAT? I asked if he was serious. I told him if that was the case, I feel compelled to reach out to the DOJ and ATF and perhaps put this in front of a judge (small claims).
And let me say, I'm sugarcoating the tone of the conversation...I've never met anyone in the gun business that exuded this much <deleted>ry.
What do I do now? He's refusing to send me the lower or the pieces (if it's actually been destroyed). He won't send me anything in writing including an affidavit of destruction and hasn't referenced his authority in law to destroy the firearm.
I recognize if there are any costs to be recovered, this becomes a civil matter.
However, here's my biggest concern...he has my firearm (regardless of its condition/disposition) in his possession with a serial number registered in my name. At what point is this considered a stolen weapon?
Any suggestions on how I should proceed are appreciated.
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