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Joined: Jan 2002
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Sidelock
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Sidelock
Joined: Jan 2002
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Hawaii doesn't allow anything to do with a C&R without going through an FFL and doesn't recognize the pre-1898 firearms as non-guns as I understand it.
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Sidelock
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Sidelock
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Hawaii doesn't allow anything to do with a C&R without going through an FFL and doesn't recognize the pre-1898 firearms as non-guns as I understand it. Bob, there does seem to be way to get and use a 03 FFL in Hawaii,the PTA for rifles ( yearly renewal) and PTA for each pistol is the same as a 01 FFL( one required for each handgun)no ? http://2ahawaii.com/index.php?topic=6633.0
Hillary For Prison 2018
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Sidelock
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Sidelock
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Am I mistaken that I remember being told, by a friend who handles my FFL transfers, that any individual can ship a long gun to another individual directly without going through a FFL ? He handles all my transfers from other FFLs for free, as a friend, but I am fairly certain he has told me that any individual can ship a long gun to any other individual, directly, without going through a FFL holder.
I have had several long guns mailed, and otherwise shipped, directly to my house over the last several years.
If that is true for the most part, is it not true for California?
Just curious, SRH
May God bless America and those who defend her.
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Sidelock
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Sidelock
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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. Kalif is indeed unique ! Is DROS required when a firearm is returned for repair/repurchase inspection("other lawful use") and a 4473/NICS is not done as transfer(sale) was not completed ? From the "CalGuns" site it would seem that the DROS is filled out when/if a 4473(sale) is done: http://wiki.calgunsfoundation.org/Buying_and_selling_firearms_in_California
Hillary For Prison 2018
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Sidelock
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Sidelock
Joined: Jan 2002
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Am I mistaken that I remember being told, by a friend who handles my FFL transfers, that any individual can ship a long gun to another individual directly without going through a FFL ? He handles all my transfers from other FFLs for free, as a friend, but I am fairly certain he has told me that any individual can ship a long gun to any other individual, directly, without going through a FFL holder.
I have had several long guns mailed, and otherwise shipped, directly to my house over the last several years.
If that is true for the most part, is it not true for California?
Just curious, SRH Not "Interstate" the receiving end must have a FFL 01 (03 FFL C&R if gun is qualified). http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons
Hillary For Prison 2018
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Sidelock
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Sidelock
Joined: Jan 2002
Posts: 14,008 Likes: 1817 |
Thanks, Dave. I think that may slip in "under the radar" oft times. I know it is done, perhaps in ignorance.
Stan
May God bless America and those who defend her.
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Sidelock
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Sidelock
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Happy to help Stan,
"intrastate" (within the same state-were the States laws apply)many/most(NOT Kalif for one) do allow a direct ship/sale to another law abiding unlicensed ship and receive. Interstate it must go to a FFL unless shipped to yourself.
": May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
Hillary For Prison 2018
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Sidelock
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Sidelock
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You don't have to dross for repairs.
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Joined: Nov 2006
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Sidelock
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Sidelock
Joined: Nov 2006
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Hawaii doesn't allow anything to do with a C&R without going through an FFL and doesn't recognize the pre-1898 firearms as non-guns as I understand it. Bob, there does seem to be way to get and use a 03 FFL in Hawaii,the PTA for rifles ( yearly renewal) and PTA for each pistol is the same as a 01 FFL( one required for each handgun)no ? http://2ahawaii.com/index.php?topic=6633.0 I have an 03 in Hawaii. Getting the gun is no problem. However, you have to register it in person at the Police station (one location for an island population of 1,000,000). Unless you are the first in line it is a many hour process for each gun. That is one reason I am leaving the sunny islands.
Last edited by DrBob; 09/15/13 07:53 PM.
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Sidelock
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Sidelock
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I was reading about that on the forum, its seems some 01 FFL's even employ "runners" to go to the PD and stand in line for each handgun they purchase.
Don't let Klaif hear about it,that clown Jerry Brown will figure a way to add it to his states laws !
never been to Hawaii Dr Bob,and doubt I will make as I hear TSA will not allow me to carry my Kimber,it does look nice when I am buried in 10ft of snow come February thou.
Hillary For Prison 2018
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