Posted: 5/11/2007 5:06:58 PM EDT
Recently a pal of mine sent me this note from DOJ. I been arguing with him about the legality of purchasing firearm out of state and here is what CA DOJ said:
Funny thing is that 18 USC 922(b)(3) and 27 CFR 478.29 clearly states out-of-state purchase on long gun is allowed as long as it is over the counter and follows laws in both States. I guess the key info here is that CA does not prevent out-of-state purchase of firearms.  |
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There is no law preventing the out of state purchase. However the Cali resident must complete DROS prior to taking possesion. Buying it in nevada is legal. Taking possession of it in Nevada is illegal. You must have it shipped to Cali and go through DROS at a cali dealer.Now the normal question asked here is "How can Cali enforce a law outside the state of Cali?" They cant, but BATF can and federal law says the purchaser of a firearm must follow the laws of both the state he resides in and the state the purchase occurs in. So you would actually be breaking federal law by violating a califonri law outside california. |
That's what I been saying, but he said he wanted to see it in the CA codes, so he went asking the DOJ. Anyone know what CA PC states that Cali resident must complete CA DROS before taking possesion regardless where the person purchase the firearm? His point was CA cannot prevent commerce in another State, and possession is at point of sale. So he does not believe CA have regulation that would cross the line. And want to see it if it does exist. |
Here, let me spell it out: California requires all firearms (some exceptions, like C&R) to go through an FFL, and have a DROS done. California does not have a law requiring someone to use DROS out of state. Federal law requires that an out of state firearm sale follow the laws of both states. Hence, if you buy a gun out of state, and you do not have it DROSed, then you are breaking federal law, as well as now having a gun not properly run through the CA system. BATFE/FBI will be all to happy to prosecute you for breaking federal firearm law, and you will kiss your firearms good bye. So yes, you can sing and dance about California not having a law stating that out of state transfers/sales must go through DROS, and you can yell about how California can not regulate out of state commerce, but the feds will not care, and you'll still be a felon. Make sense now? |
Got the CA PC number? I'll pass it on to my friend. BTW, your reasoning does not make sense. If CA does not have a law require DROS out of state, and the buyer is out of state. How does that break the Fed Law? Now if the CA PC state that CA resident must use DROS then that'll be different. Anyways, my friend and I being going back and forth on this. I thought the DOJ note was interesting however. |
The DOJ note you are fascinated by is exactly in line with what I stated - CALIFORNIA does not have a law restricting out of state purchases, however FEDERAL law does have some restrictions, specifically that the sale must follow all laws in the state the sale takes place in and the state of the buyer. CA requires the firearm be run through DROS, and since there are no (that I know of) dealers out of state set up to do DROS, then the sale is illegal under FEDERAL law. |
You referred to it in your first post:
CPC 12070 - 12084 |
Hate to beat a dead horse here, but CPC 12070 - 12084 only specify sellers, transferor, licensed dealers in CA to perform Dealer Record of Sales (through an licensed FFL), there is no mention of requirement for buyer, transferee, or unlicensed individual in CA to perform DROS. The code specify what info the transferor need to obtain from both seller and buyer in CA. The burden is not on the transferee. As read, the law requires the CA FFL to perform the DROS not the CA buyer in CA. Since CA cannot require other State's FFL to perform DROS and no requirement for CA buyer to perform DROS, then no regulation is violated. Anyway, I am done with this. I'll pay my friend's lunch bet. |
But there isn't an FFL that will sell you anything, so the point is moot.......every FFL has to record your drivers license and residence, if it's from CALI, than that FFL has to comply w/ his states laws and your(CALI) states laws, can't be done, this is a federal requirement.....don't know of any FFL out of state that has a DROS system...... now if you do an illegal FTF, that's another story...... |