A family friend has decided to get rid of an SKS she bought during the Rodney king riots. She told my father he could have it all he had to do was come get it. He travels to California about twice a year and plans on picking it up on his next trip. My question is what are the pitfalls to be aware of? The SKS is a fixed mag in original condition with bayonet. I told my dad I was farely certain he should remove the bayonet but am unaware of other concerns in transporting this rifle out of Los Angeles and into Oregon.
SKS in California
- Thread starter Dambugg
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Bayonets are perfectly OK.
The only restriction on the SKS under CA state law is that any SKS that actually is an SKS may not have a detachable magazine, and you're limited to 10 rounds. An example of an SKS that's not an SKS would be the Yugos.... Technically, and this matters under CA law, that's a "Zastava Carbine Model 59" and a "Zastava Carbine Model 59/66"... not an SKS.
Since SKS strippers are cheap, and SKS detachable mags all suck, this isn't all that much of a burden for the SKS owner. Not that it should be the law, but in this particular case, it doesn't make anything difficult.
Because it's a fixed magazine, you can do almost whatever else you want to (922(r) still applies, of course)... except put a grenade launcher on it. That's a "destructive device" under CA law, even though you can't get grenades.
That makes no sense, so don't try.
Also bear in mind that unless the firearm is over 50 years old, it is not considered a Curio or Relic under CA law, and would have to be transferred by an FFL. Person-to-person transfer fees are regulated by law here, although a lot of dealers hope that their customers don't know that, and try to charge the same price for a PPT as they do for an FFL transfer. That can cost them their license. If you encounter this, politely let them know first. I wouldn't go calling the DOJ firearms division unless their response really, really warrants it. Which has happened.
If the firearm is more than 50 years old, a direct face-to-face transfer is legal under CA law.
You have to know all this stuff because, under Federal law, a transfer of a long gun between residents of different states must be legal in both states.
So the transfer itself can be a little weird, but there's nothing illegal in California about the gun itself.
And that includes the bayonet. You do not need to remove it.
--Shannon
The only restriction on the SKS under CA state law is that any SKS that actually is an SKS may not have a detachable magazine, and you're limited to 10 rounds. An example of an SKS that's not an SKS would be the Yugos.... Technically, and this matters under CA law, that's a "Zastava Carbine Model 59" and a "Zastava Carbine Model 59/66"... not an SKS.
Since SKS strippers are cheap, and SKS detachable mags all suck, this isn't all that much of a burden for the SKS owner. Not that it should be the law, but in this particular case, it doesn't make anything difficult.
Because it's a fixed magazine, you can do almost whatever else you want to (922(r) still applies, of course)... except put a grenade launcher on it. That's a "destructive device" under CA law, even though you can't get grenades.
That makes no sense, so don't try.
Also bear in mind that unless the firearm is over 50 years old, it is not considered a Curio or Relic under CA law, and would have to be transferred by an FFL. Person-to-person transfer fees are regulated by law here, although a lot of dealers hope that their customers don't know that, and try to charge the same price for a PPT as they do for an FFL transfer. That can cost them their license. If you encounter this, politely let them know first. I wouldn't go calling the DOJ firearms division unless their response really, really warrants it. Which has happened.
If the firearm is more than 50 years old, a direct face-to-face transfer is legal under CA law.
You have to know all this stuff because, under Federal law, a transfer of a long gun between residents of different states must be legal in both states.
So the transfer itself can be a little weird, but there's nothing illegal in California about the gun itself.
And that includes the bayonet. You do not need to remove it.
--Shannon
Librarian
Member
Tube_ee had it all except possibly one bit: is it true that Dad is not a California resident? I suspect so from the 'travels to CA a couple times per year' and 'into Oregon'.
If that's the case, it won't be a California, limited-fee PPT; it will be an interstate transfer, CA-resident to non-CA-resident.
If the SKS is legal in Oregon and OR doesn't have any weird rules -- and I don't know a thing about OR gun laws -- then the sale in CA at the FFL should be legal. And, as any dealer sale in CA, it would require the CA-imposed 10-day wait and the gun lock
But I bet not many SoCal FFLs sell long guns to OR residents.
It would be a bunch easier, I think, to do the transfer in OR, but perhaps that's not practical.
If that's the case, it won't be a California, limited-fee PPT; it will be an interstate transfer, CA-resident to non-CA-resident.
If the SKS is legal in Oregon and OR doesn't have any weird rules -- and I don't know a thing about OR gun laws -- then the sale in CA at the FFL should be legal. And, as any dealer sale in CA, it would require the CA-imposed 10-day wait and the gun lock
But I bet not many SoCal FFLs sell long guns to OR residents.
It would be a bunch easier, I think, to do the transfer in OR, but perhaps that's not practical.
otcconan
Member
Does it even fall under sale rules if it's a gift, which is obvious here?
Sam1911
Moderator Emeritus
If it crosses state lines, yes. In other words, transferee lives in CA and transferer does not.
-Sam
Quiet
Member
Dad lives in OR
Daughter lives in CA.
Federal laws mandate the transfer needs to be through a FFL dealer in OR.
There is no intra-familial gift exemption for the Federal laws.
So...
a) Daughter takes the gun to OR and transfers it to dad through a OR FFL dealer.
b) Daughter ships the gun to a OR FFL dealer who transfers it to dad.
Daughter lives in CA.
Federal laws mandate the transfer needs to be through a FFL dealer in OR.
There is no intra-familial gift exemption for the Federal laws.
So...
a) Daughter takes the gun to OR and transfers it to dad through a OR FFL dealer.
b) Daughter ships the gun to a OR FFL dealer who transfers it to dad.
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