The Legal Process for Buying a Gun from a California Resident in Another State

Buying a gun from a California resident in another state can seem daunting, but the process is similar to buying from any other state. When you purchase a firearm from a resident of a state different from yours, it must be sent to a Federal Firearms License (FFL) holder in your state. Here’s a comprehensive guide on the steps involved.

Step-by-Step Guide to Interstate Gun Transfer

1. Identify the FFL Dealer in Your State

The first step is to identify an FFL dealer in your state who is willing to accept a firearm from a non-dealer. These dealers can be found using the “Find a FFL” tab on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Enter your zip code, and the site will pull up FFL dealers in your area that have registered to handle transfer requests. Most FFLs charge a fee ranging from $25 to $100 for this service.

2. The Seller Sends the Gun to the FFL Dealer

The seller (a California resident or otherwise) can ship the firearm to the FFL dealer using USPS or UPS, FedEx. Some restrictions apply: rifles and shotguns can be sent by USPS or UPS/FedEx, but handguns must be shipped via UPS/FedEx Next Day Air. The seller must include a copy of their driver’s license for the FFL to log the gun into their records.

3. The FFL Dealer Completes the Firearms Transaction

Once the gun arrives at the FFL dealer, you must visit their shop to complete the transaction. You will be required to fill out the Federal form 4473 and undergo a NICS (National Instant Criminal Background Check). If you pass the background check, the FFL dealer can release the gun to you in accordance with any state-specific laws, such as a waiting period or license requirements.

4. Clearing State-Specific Requirements

You must ensure that you meet any additional state-specific requirements for purchasing a firearm. For instance, if you live in Illinois, you will need to provide a FOID card along with federal requirements. If you live in Texas, there are no additional requirements. The FFL is simply applying the laws of your state and federal law to the transfer process.

5. Understanding FFL Business Models

FFL businesses often rely on interstate gun transfers as a significant source of revenue. While firearms are competitively priced, the profit margins are slim. Many FFLs require that the gun be shipped to them, as this generates more business than the ATF requires. The only time the FFL is actually physically required “to be there” is for the final transfer to you, and there is no need for an FFL-to-FFL transfer.

6. Best Practices

Since some FFLs are reluctant to accept guns from non-dealers, make sure you verify in advance that the FFL you choose is willing to handle this type of transaction. Always carry government-issued photo ID, such as a driver’s license, to prove your age and address.

Conclusion

Buying a gun from a California resident in another state involves careful planning and coordination. By following these steps and verifying the FFL’s willingness to handle the transaction, you can ensure a smooth and legal process. Remember, the most important thing is to comply with all applicable laws and regulations to avoid any legal trouble.