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Very Hot Topic (More than 25 Replies) Shipping to California (Read 15578 times)
Nero
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Shipping to California
Sep 17th, 2008 at 9:33pm
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I see that on GunBroker.com some sellers will not ship a rifle to California.
What is the reason for this?
  
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Paul_F.
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Re: Shipping to California
Reply #1 - Sep 17th, 2008 at 9:48pm
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Good old California, where I live, has decided that Federal law saying all firearms must be shipped to a dealer in interstate exchange, is NOT GOOD ENOUGH..

Now, anyone desiring to ship a firearms INTO California must apply to the California DOJ (via a web page) for an "import permit", and all firearms must not only be shipped TO a dealer, but also must be shipped FROM a dealer.

So, many dealers, and non-dealer sellers, have said "screw that", and chosen to abandon residents of california.

I can't say I blame them, really... but it ticks me off because that's EXACTLY what our retarded legislators had in mind when they passed that law (very quietly.. .with no floor debate).
You want to piss off California legislators?  Keep right on jumping through their hoops, and shipping guns into the state...

Paul F.
  
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Mike Gordon
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Re: Shipping to California
Reply #2 - Sep 17th, 2008 at 11:23pm
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While it's a little off topic from the shipping firearms issue,  but how can this be constitutional.  It's clearly a restraint of interstate trade.  It's no different than California (or any other state) demanding tax registration so that it can collect sales tax from any out of state business shipping mail order goods to that state.  Angry

  
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mwhite49
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Re: Shipping to California
Reply #3 - Sep 18th, 2008 at 12:40am
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I am a resident of the people's socialist state of California also.
If you check the Justice department web site and really read what the new law states you will see that they at least exempted antique firearms and they were smart, they used the Federal guidlines and they even mention them. Any firearm made before 1898 is exempt. Some of our gun stores in this state were pushing for  registration on the antique guns, one fruit loop gun dealer here said that a criminal could use a black powder colt revolver to comit a crime . I replied well I prefer my Loiusville Slugger, try and run a ballistics test on it. 
Our little town is so sad that my son got stopped by our local PD and they wanted to know why the bat and glove in the car-duu- he was in his base ball uniform too. Guess they never played ball as kids.
It is a wierd experience living here and hell I was born here.
MikeW
  
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boats
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Re: Shipping to California
Reply #4 - Sep 18th, 2008 at 9:14am
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Dealer to Dealer has become a proit item.  I just paid a hundred dollars in fees to ship a 500 dollar revolver 30 miles. Bought it just over the state line.

Boats
  
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singelshotman
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Re: Shipping to California
Reply #5 - Sep 18th, 2008 at 10:19am
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If you read the DOJ's web, you'll see that you don't need A NUMBER TO ship to a FFL if you're not a dealer.All the dealers are trying to do is hog all the business, it was there Law, we were sold out by the NRA, who NEVER opposes anything a dealer wants. That's not the real reason why some dealers hate CA, they just hate CA on general priniples,however why not HATE NY< CT , And MASS>There gun laws are far worse than ours.I'd  never live there.
  
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Paul_F.
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Re: Shipping to California
Reply #6 - Sep 18th, 2008 at 11:07am
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singleshotman;

I HAVE read it... and the parts I read said that NO shipping of firearms into the state can be by NON-dealers, therefore; ALL shipments must be BY dealers, TO dealers, and therefore yes, they need "the number" from DOJ.

Furthermore; maybe SOME dealers did support this law. Not the ones I've dealt with locally. They hate it.  It also requires that anything THEY ship INSIDE california to another dealer must have a "number".


Paul F.
  
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Jeff_Schultz
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Re: Shipping to California
Reply #7 - Sep 18th, 2008 at 6:58pm
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singleshotman,
In what way are the NY gun laws "far worse" than CA's?
  

"We have met the enemy and he is us." Pogo

“There is no situation so bad that it cannot be made worse."

  Confidence- The feeling you get before you fully understand the situation.
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singelshotman
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Re: Shipping to California
Reply #8 - Sep 18th, 2008 at 7:43pm
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I understand that in NY you need the permission of the police chief or commissoner in NYC to buy a`handgun.In CA you fill out your forms, plunk down your money and wait 10 days.No bribes(relelecion contributions) need to be paid here,unless you want a CCW permit, then you better be a friend of the local police`chief.
  
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Jeff_Schultz
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Re: Shipping to California
Reply #9 - Sep 18th, 2008 at 8:03pm
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You're talking about New York City, not New York State; a common misunderstanding.
  

"We have met the enemy and he is us." Pogo

“There is no situation so bad that it cannot be made worse."

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xxgrampa
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Re: Shipping to California
Reply #10 - Sep 18th, 2008 at 9:09pm
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that law does not apply to c&r's. if the gun is over 50yrs old, just ship away to a c&r..

..ttfn..grampa..
  
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Nero
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Re: Shipping to California
Reply #11 - Sep 18th, 2008 at 9:16pm
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Hi Boats,
I am a little confused about this, doe's this mean you cannot personally take a firearm into California if you bought it in another state.
Regards.
  
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Paul_F.
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Re: Shipping to California
Reply #12 - Sep 18th, 2008 at 9:49pm
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Quote:
I understand that in NY you need the permission of the police chief or commissoner in NYC to buy a`handgun.In CA you fill out your forms, plunk down your money and wait 10 days.No bribes(relelecion contributions) need to be paid here,unless you want a CCW permit, then you better be a friend of the local police`chief.



Unless you live in San Francisco, or some parts of the greater Los Angeles "sprawl", in which case it's not that different from New York... it's who you know in order to legally obtain a handgun.


Nero;

It's my understanding that there is still no law against bring in a personally purchased long gun into the state if you are a resident.  As long as you're bringing it personally, not shipping it.  Now, getting a dealer in many western states to SELL you a long gun if your ID says you're from California is another deal entirely.  A lot of dealers will just tell you "sorry... you're from California...".   

Paul F.
  
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marlinguy
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Re: Shipping to California
Reply #13 - Sep 18th, 2008 at 10:08pm
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Hey, the dealers in Ca. are just as nutty as the legislature! I tried to purchase a 1889 Marlin from a Ca. dealer at the Reno gun show, and he said he couldn't sell it to anyone who wasn't an FFL holder! The last 1889 Marlin built was around 1894, and I told him so. He said he didn't care if it was an antique or modern, he still wouldn't sell to the general public.
So it's not just dealers from other states that are confused or stupid.
« Last Edit: Sep 19th, 2008 at 8:43pm by marlinguy »  
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Paul_F.
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Re: Shipping to California
Reply #14 - Sep 18th, 2008 at 10:26pm
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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.
  
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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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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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Quote:


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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singelshotman
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Re: Shipping to California
Reply #30 - Sep 20th, 2008 at 12:51pm
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Thank you Roofuss, for doing the wrong thing, are you voting for Obama?`I'm another resident of CA. Since i presume you don't have a FFL, you didn't NEED A LETTER OR NUMBER FROM THE DOJ.You could have just shipped to any FFL in CA without any problems.
  
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Roofuss
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Re: Shipping to California
Reply #31 - Sep 20th, 2008 at 2:39pm
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I am NOT an Obama supporter, and my local FFL dealer who I use will not ship to California.... he's the only one within a reasonable distance  as I'm out in the boonies. I am not a dealer,was unaware I could ship to Cal. without an FFL , and this was the first gun of any type I've ever SOLD out of state. Didn't know you had to be a " Philadelphia lawyer" to deal with sales in California . Boot your politicians out if your unhappy with them !!!!
« Last Edit: Sep 20th, 2008 at 6:04pm by »  
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mwhite49
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Re: Shipping to California
Reply #32 - Sep 20th, 2008 at 6:56pm
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This argument is now getting interesting. ANYONE AND I MEAN ANYONE, can chip a modern weapon that you have sold to another individual in another state simply by taking it and boxing it up, wrapping it very carefully and mailing it at your local Post Office. The U. S. Post Office takes care with insured packages, and you, as an individual can ship out of state to a FFL dealer for a transfer. I can't believe how difficult some folks make this simple transaction. Believe it or not you can LEGALY transfer MACHINE GUNS the same way. Some guys I know make two shipments, one with the breech block or firing pin pulled out of the complete gun minus that part, and then later in the week the rest of it goes. Most states including Californai we can still own a real honest to god machine gun.  You just have to jump through enough hoops to get your credentials to purchase it.
So, anyone not wanting to ship firearms into Calif is just cutting there own nose off, you have just eliminated a very large portion of your buying public, you know, the folks that may want to buy your product, or maybee we don't want it, I heard it may have WORMS!
MikeW
  
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