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Posted: 4/27/2024 1:04:59 AM EDT
If state ABC has a law that outlaws widgets in that state, and the law language includes "...prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending a widget within the state."

If I reside in state XYZ and have a legally owned widget for sale, and a person from state ABC wants to purchase my widget, who (if anyone) would be the importer in this scenario? If I'm not the importer, would I otherwise be in violation of that law for selling my widget to the person in state ABC?

Link Posted: 4/27/2024 12:24:19 PM EDT
[#1]
Originally Posted By tortilla-flats:
If state ABC has a law that outlaws widgets in that state, and the law language includes "...prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending a widget within the state."
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Pretty sure "state ABC" is California, right?
And the "widget" is a CA prohibited or restricted firearm?

If I reside in state XYZ and have a legally owned widget for sale, and a person from state ABC wants to purchase my widget, who (if anyone) would be the importer in this scenario? If I'm not the importer, would I otherwise be in violation of that law for selling my widget to the person in state ABC?
View Quote

CA law may not refer to "importer" in the same sense as federal law does (foreign imports) but as a CA resident receiving the prohibited item he purchased from out of state.

California prohibits their residents from acquiring any firearm outside the state. (Federal law allows a nonresident to acquire rifles and shotguns only from a licensed dealer, as long as that firearm is legal in the buyers state of residence) While they can pay, they cannot take possession. The firearm would have to be shipped to a CA dealer. If restricted or prohibited, the CA dealer will ship it back.

If its an accessory, like a magazine, no Federal law prohibits a nonresident from acquiring any firearm magazine of any type when outside their state of residence. A CA resident would only violate CA law by returning to his state with the prohibited magazine. You could sell the magazine, flash hider, bayonet lug or whatever else CA has prohibited without violating CA law if face to face in Texas.
If you choose to sell and ship a prohibited item, CA won't charge you criminally, but will do so through a civil suit.
Numerous instances over the last decade, like this one where San Franciso sued: Badger Mountain Supply, 7.62 Precision, Shooters Plus, LAK Supply and Buymilsurp.com.
and here in Texas Exile Machine
Link Posted: 4/27/2024 12:32:22 PM EDT
[#2]
Thanks! I'll work on my transparency skills.

That answers my question.
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