Purchasing a rifle from a fellow in CA

[Voodoo Rufus]

Pretty simple situation, at least I think so.

Myself, living in Wyoming, wants to purchase a complete AR rifle from a gent in California. I talked to the local sporting goods store to see if they could conduct the FFL transfer, and as soon as I said "California", the response was no way, no how would they conduct business with CA, be it another FFL or a private individual.

Now, I've read calguns and the CA DOJ pages and can't find anything there or elsewhere on the net prohibiting the sale of a rifle out of state. Selling TO someone in CA has it's own can of worms.

This doesn't quite make sense to me. I plan on going to one of the other stores in town that does FFL transfers and get a second opinion to see if the response is the same.

Question 1: Is the sporting goods store right?
Question 2: Does the seller have to submit his rifle to an FFL for shipment or can he send it directly to my FFL?
Question 3: If there is no way to send the complete rifle, can the seller simply keep the lower receiver and send me the rest of the parts, leaving me to procure my own lower?

 

[kingpin008]

1. No. They're telling you this to avoid any possible hassle.
2. Provided your FFL accepts shipments from non-FFL holders, they absolutely can send it directly to your FFL. otherwise, it'll have to go dealer-to-dealer.
3. Yes, he can send you any parts he wants - the lower is the only part that is considered the "firearm".

 

[Voodoo Rufus]

So, I really need to talk to one or both of the other pawn shops in town to see if they'll do it. I tried the sporting store first as pawn shops just don't feel right to me, though they are the most common place in Wyoming to purchase firearms.

Thank you.

 

[kingpin008]

Sure thing.

And don't feel wierd about pawnshops. A lot of people think they're run by scumbags out to rip people off, but it's not true at all. In fact, pawnshops are subject to a much more stringent set of checks and controls than most other businesses.

 

[EOD Guy]

As to the California seller shipping to an out of state FFL, it depends.

If the rifle is a registered California "assault weapon", it can only be shipped by a California dealer with an "assault weapons" license. If the rifle was built on an off list lower and no evil features to make an "assault weapon", the seller can ship it himself to an out of state dealer, if the dealer will accept it.

If the rifle is an unregistered California "assault weapon", the seller is in violation of the law and can't do anything with it in it's current configuration.

 

[Voodoo Rufus]

The only evil feature is the pistol grip. I believe it has a bolt-mod requiring a tool to remove the mags, which are 5 rounds each.

 

[EOD Guy]

It should be Ok then. It appears to be an off list lower with a replacement magazine release or "Bullet Button". Since it takes a tool to remove the magazine, it is legally a fixed magazine rifle under California law and can have all the evil features you want as long as the magazine capacity is limited to 10 rounds.

It is a simple fix to replace the magazine release after you receive the rifle

There is no California or Federal law that would prohibit the seller from shipping to your FFL as long as he is willing to accept it from an unlicensed shipper.

 

[fun2none]

Question 1: Is the sporting goods store right?

Your sporting goods store is most likely concerned about California's CLFC law that requires out of state FFL's shipping firearms into California to provide certification number. It's basically a state version of the ATF ez-check system to verify status of FFL. There should be no problems receiving a firearm from California.

Question 2: Does the seller have to submit his rifle to an FFL for shipment or can he send it directly to my FFL?

As EOD said, only if it's a registered assault weapon. If it's not an assault weapon, as defined by CA law, then it's just a rifle. He can send it directly to your FFL. Or he arrange for any FFL in California send it to your FFL, even though it's not necessary.

Question 3: If there is no way to send the complete rifle, can the seller simply keep the lower receiver and send me the rest of the parts, leaving me to procure my own lower?

He can send the lower receiver to your FFL and ship the remaining parts directly to you. That might put your FFL at ease.