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At the risk of starting a feud (we live so close that you can probably hit my house from yours with a good buffalo gun)... *snip*
Fued? Nah... just an honest disagreement between californians.. nothin' personal.
And I don't have a "good" buffalo gun anyway
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First of all, it only applies to persons with a federal firearms license, except for Type 3 (Curios & Relics) and Type 6 (Ammunition), which are exempted. In addition, a person who does not have a FFL is not required to go through the process under the new law, but guns must be shipped into California through a FFL like they were before.
Herein lies our disagreement in reading the new law...
PRIOR to the new law, an individual could ship a firearm into california by shipping it to a dealer (FFL or C&R) in California.
Now, an individial CANNOT ship to a dealer in california, only a licensed dealer (FFL or C&R) may ship into california after getting DOJ "approval".
Previously, there was no law forbidding an individual from shipping a firearm to a dealer in interstate trade... Now there is. Again, as I have read the law, and as the DOJ seems to be interpreting it. (how WE read it is less important than how THEY read it, after all).
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Firearms which meet the federal definition of "antique" are not considered firearms, so they are not included under the new law. And if C&R FFLs are exempted, then firearms which meet the federal definition of "curio & relic" (manufactured between January 1, 1899 and 50 years ago today and/or are on the federal C&R list) are also exempted from the new law. So the law basically applies to transactions where a person with a FFL in another state wants to sell a modern firearm in California.
Again, no arguements here...
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I have noticed over the years that some FFLs do not want to do business with Californians as a matter of business practice. This is most likely a result of not wanting to take the time to learn what the law is, as it applies to Californians, or perhaps just simply because they have just written us off because we "allowed" the state legislature to pass the stupid laws to begin with, so they are "teaching us a lesson." Whatever the reason, they are passing up a potential market that contains over 30 million people, so they must be making lots of money from buyers in all the other states (written somewhat tongue in cheek).
No dispute here either... Dealers in other states don't want to take the time to learn California's laws, so they just write us off and sell elsewhere. Dumb? yeah.. but they do it.
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But there are also a surprising number of FFLs who will not do business with persons with a C&R FFL, either, on firearms which clearly qualify as C&R. And also a large number of FFLs who will only ship antique firearms to another FFL, in spite of the fact that they are not even considered firearms under the law...and a large number who will only receive a shipped firearm through another FFL.
I agree with you. There are a frightening number of FFL's, auction houses, and even law enforcement agencies that have NO clue what a C&R is, what it's good for, or what a C&R firearm is. One of the main reasons I've dragged my feet in getting one... I'm not sure it would do me that much good!
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I think the big problem is that representatives of the regulatory agencies that hold the power over FFL dealers have put so much fear into them that they are making up their own rules, just trying to be on the safe side. I can't really say that I blame them, but some of them take it to ridiculous extremes.
So the latest round of "We do not ship to California" that you see in the ads on the auction sites could be partly caused by the same paranoia which makes people make up their own rules when they don't bother to take the time to understand the law; and partly caused by a fierce independence that dictates a preference for making less profit over bowing down to a legislature in another state that wants you jump through hoops and get their permission to do a perfectly legitimate gun deal in that state. Perhaps both.
Again, complete agreement. It's gotten to the point where it's not California's laws that are impacting us here in california, it's the "scare" that the CA DOJ has put into FFL's of other states. I have talked to a dealer in New Mexico that had the Californa DOJ call him up and DEMAND his records for every handgun transaction he had conducted with california dealers... (not a legal request since no warrent or supeona was involved). He told them no... But he also will not ship handguns to California any more. Period. He doesn't want the hassle.
Likewise, you've probably looked in sale flyers like S.O.G. and laughed at what they will, and wont ship into California... no bearing on the realities of CA Law, just what they "felt" MIGHT be a problem, they just don't ship here.
Ignorance, we can fix... Obstinance (and stupidity) are a lot harder to combat!
If you have a specific citation of the new law that says that a Non-dealer outside CA can ship to a Dealer without shipping through another dealer (outside CA) and getting "permission", I'd love to be wrong about this point! So would my local FFL dealer...
I hope this clarifies my position. Thus far, I don't think I've posted anything "innacurate". Unclear, maybe... but I can fix that
Paul F.