Kalif has "registration" ? wow things are worse there then I thought.
If you filled out a 4473 (and did the NICS check) then gun was transferred and must go to a FFL (01 or 03 if qualified)for interstate shipment,if not-like the one in Jims example, it can go back to owner direct per 8 U.S.C. 922(a)(2)(A).
"Talked to the feds" means you got an opinion,I have asked the ATF about this as well and received about a 70% correct answer-100% when I showed them the code and they were unable to find a code that says it must go through a FFL if not transferred (4473-NICS)
7. May I lawfully ship a firearm directly to an out-of-
State licensee, or must I have a licensee in
my State ship it to him? May the licensee return the firearm to me, even if the shipment is across
State lines?
Any person may ship firearms directly to a licensee in any State, with no requirement for another
licensee to ship the firearm. However, handguns are not mailable through the United States Postal
Service and must be shipped via common or contract carrier.(18 U.S.C. 1715). Firearms shipped
to FFLs for repair or any other
lawful purpose may be returned to the person from whom received
without transferring the firearm through an FFL in the recipients State of residence. FFLs may also
return a replacement firearm of the same kind and type to the person from whom received. 1
8 U.S.C.
922(a)(2)(A)
You can never go wrong with shipping to an FFL. In most instances he will know his States laws inside out.
At this time CA does not have a registration of firearms.
When returning a gun to the owner "interstate" the federal law is law in force.
1. If one party is not from California, the transfer becomes INTERSTATE and is governed by Federal Law (18)in addition to California Law and
2. The Dealer Record of Sale software (DRos -- see page 40 in the .pdf) will accept only California or military identification documents.
This last would seem to apply only to the buyer - why then would the seller be subject to DROS? The dealer must be prepared for the buyer to fail the background check. If that were to occur, the dealer would have to attempt to convey the gun back to the seller - and that return requires a background check on the seller. To wit: Part of Penal Code 12082(a)
Posts:
In this case CA code is more stringent and applies.
