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Very Hot Topic (More than 25 Replies) Shipping to California (Read 13980 times)
dennismc
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Re: Shipping to California
Reply #15 - Sep 19th, 2008 at 1:12am
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Paul F.

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), I must respectfully state that part of the confusion that exists is because people who don't know the law may try to understand it from reading inaccurate posts like the ones you have put in this thread.  Although I don't much like the new law either, I got a much different slant on it than you did when I read the DOJ web page.  

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.  

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.

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).

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 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.
  
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Paul_F.
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Re: Shipping to California
Reply #16 - Sep 19th, 2008 at 4:36am
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Quote:

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 Smiley

Quote:

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).
 
Quote:

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...
 
Quote:

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. 


Quote:
 
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!
 
Quote:

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 Smiley

Paul F.
  
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irish66
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Re: Shipping to California
Reply #17 - Sep 19th, 2008 at 7:21am
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used to live in californikate, 
instead of airing this issue here why are y'all not running a flag pole up your legislatures asses and voting people into office that are not so anti firearm.
start raising @#$% send letters call make there lives as miserable as you can
irish
« Last Edit: Sep 19th, 2008 at 11:51am by Jim_Borton »  
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marlinguy
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Re: Shipping to California
Reply #18 - Sep 19th, 2008 at 11:38am
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Marlinguy;

Oh, I don't doubt for a moment that there are confused and/or stupid dealers in every state of the union!
But you have me confused a bit...
Reno Gun Show... as in Reno NEVADA.. right?
That is exactly the answer ("Nope.. no way.. dont' matter what it is...") that California residents have gotten from dealers OUTSIDE of California... they don't care what it is, they're not going to sell it to a Californian.

I've met dealers that won't sell ANYTHING to ANY out-of-state buyer either... federal and state laws be darned.

There's confusion enough for everyone... it seems.

Paul F.


Yes, Reno, Nevada. And it wouldn't matter which state he, I, or anyone was from, or where the deal was done. BATF and Republic of Kalifornia, both recognise that antiques are exempt from FFL status, and can be traded, sold, etc. without anything more than a piece of furniture would require. 
There are thousands of antiques bought and sold at gun shows all across the USA by Ca. residents and brought home without any problems.
This the main reason the show at Reno continues, as most the buyers and sellers are from Ca. and know it's perfectly legal.-Vall
  
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dennismc
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Re: Shipping to California
Reply #19 - Sep 19th, 2008 at 12:00pm
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Paul F.

OK, how does this quote from the FAQs page on the California DOJ web site sound?  

"2.  I am not an FFL but I want to ship a firearm to a California FFL. Do I have to obtain a Firearms Shipment Approval number before shipping a firearm to California?
 
No. The requirement to obtain a Firearms Shipment Approval number only applies to holders of valid FFLs."


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Paul_F.
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Re: Shipping to California
Reply #20 - Sep 19th, 2008 at 1:36pm
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Desnnismc;

I'm pleased to admit I was wrong, then!

THank you for the link! (now I can set right OTHER people who've been told wrong).


Paul F.
  
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Paul_F.
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Re: Shipping to California
Reply #21 - Sep 19th, 2008 at 1:42pm
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Yes, Reno, Nevada. And it wouldn't matter which state he, I, or anyone was from, or where the deal was done. BATF and Republic of Kalifornia, both recognise that antiques are exempt from FFL status, and can be traded, sold, etc. without anything more than a piece of furniture would require. 
There are thousands of antiques bought and sold at gun shows all across the USA by Ca. residents and brought home without any problems.
This the main reason the show at Reno continues, as most the buyers and sellers are from Ca. and know it's perfectly legal.-Vall



I don't recall disagreeing with you on how dealers and other SHOULD be treating Antiques.. In fact, I haven't mentioned antiques yet in my discussions about the new law. They're not affected, except by how some ignorant dealers treat them (and have always treated them... that's not new...)
I was confused on your referencing the Reno gun show and california in your tale about an idiot dealer...
Yes, antiques are bought and sold and shipped all the time, perfectly legally.
And there are dealers at the Reno Gun Show that WILL NOT sell to California residents.. (not specifically antiques). 
A local guy was snubbed by a Nevada dealer when he was trying to buy a hunting type rifle at the Reno Gun Show last year... so not every dealer there is there to supply Californians.

Paul F.
  
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Tar_Baby
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Re: Shipping to California
Reply #22 - Sep 19th, 2008 at 1:46pm
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i think we ought to ban paul f
  
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Paul_F.
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Re: Shipping to California
Reply #23 - Sep 19th, 2008 at 1:51pm
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Sez the guy who has had more handles than I have socks..   Wink


Paul F.
  
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Tar_Baby
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Re: Shipping to California
Reply #24 - Sep 19th, 2008 at 1:59pm
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i think we ought to warn paul f about saying ugly things.
  
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Paul_F.
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Re: Shipping to California
Reply #25 - Sep 19th, 2008 at 2:22pm
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Ugly things, like "bolt action"?  Or "semi-auto"?


Smiley

Paul F.
  
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marlinguy
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Re: Shipping to California
Reply #26 - Sep 19th, 2008 at 8:41pm
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Paulf, 
If you check the post I made, the subject of my tale was an antique gun deal in (YES!) Reno, Nevada. I was merely repsonding to your seemingly surprise that it was Reno. As I mentioned in the post, the dealer was from California! 
Don't get so defensive. It's not my fault you're stuck there.
  
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mwhite49
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Re: Shipping to California
Reply #27 - Sep 19th, 2008 at 11:02pm
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Marlinguy hit the nail on the head. Anyone including me that lives here in California is stuck. We need to educate moer folks to vote out the bums in office now. I'm 57 and as a kid this was an amazing state to grow up in, no crime, good hunting and good fishing and then came the darned LIBERALS. They have infiltrated everything to mold it there way. 
I buy and sell antique guns all the time and most of the time I have no problem to really speak of. Unless I get a real bad dealer or auctioner. The FEDS have scared a few gun store owners and auctioners near to death with the threats of closing up there place of buisness. One auctioner in Maine explained to me about six months ago that a FEDERAL AGENT team had hit every gun store in Maine and threatened them with closure unless they played ball. What the FEDS wanted was that even if the guns were made prior to 1898 if you could use modern ammo in it they considered it a FIREARM no matter what. Now, maybe this is what is causing the problem. Our FEDS could be up to no good again. I have a problem when they start re-writing laws for the hell of it.
MikeW
  
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Roofuss
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Re: Shipping to California
Reply #28 - Sep 20th, 2008 at 11:05am
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Recently sold my Pedersoli Sharps on Gunbroker, and I also put in my ad ...NO Cailif. sales , I'd have kept the gun first rather than go through the hassle ...it went to Oklahoma , no problems ! Smiley
  
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mwhite49
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Re: Shipping to California
Reply #29 - Sep 20th, 2008 at 12:21pm
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It's sad that someone will not sell guns to a californai location. Any non dealer can sell and send it toa FFL located here in Calif with no problems at all. If you are a FFL holder in another state then you need the Department of Justice OK for the transfer. Anyone can still do buisness the old way if they are not a FFL holder. 
I'm sue the new law will not last long. They are already trying to get it removed as it violated free trade between states. Hell, you sell cars and trucks with less hassle.
  
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