Quote:
Originally Posted by M. D. Van Norman
Chiefcrash, that’s all well and good and, as I understand it, the common practice. However, when I try to work out the implications of the presumed prohibition on handguns and non-50-year-old longarms, I come to the conclusion that any such iterpretation must also exclude longarms older than 50 years as well. Everyone refers to the 50-year exemption for non-licensees, but I think that applies only to occasional or infrequent transactions. The business done by the big out-of-state sellers is certainly neither occasional nor infrequent.
As far as I can tell, the only place where the law recognizes the notion that an FFL-03 holder can bring a C&R gun in from out of state is in the requirement that handguns so acquired must be registered. Nowhere can I find the clause that says a licensed collector may buy C&R firearms by mail order or while out of state. Instead, I see a long list of restrictions on who can sell firearms to whom.
|
As far as the out of state sellers are concerned, the infrequent or occasional sales mentioned in the penal code only applies to unlicensed persons in California.
You won't find anything that says you can buy C&R firearms by mail order. The 50 year exemption is why C&R FFL holders can purchase these firearms. California doesn't care if you have an FFL or not, that's a Federal matter.
The reason you can purchase C&R firearm while out of state is simple. Since it is not mentioned in the penal code, it is legal. The basic premis in the law and regulations is that what is not prohibited, is allowed. Any prohibitions come in the import of those firearms and in the requirement to register handguns purchased out of state.