Garand Sales to CA FFL?

[Neal Myers]

OK Steel, let's play this out.

In their publications, ATF says that FEDERAL law requires us to obey the firearms laws of states other than our own. (I can't believe that a federal agency would lie to us.) If that is so, then CA DOJ could, theoretically, ask the US DOJ to prosecute any violation of CA law by a resident of another state. It's never happened, but couldn't it?

[steel]

Well, theoretically, you might have a point. I'd have to research it.

But the Penal Code in CA is explicit about asserting jurisdiction only over a person "within" the state of CA.

Specifically, Penal Code Section 12280(a)(1) states, among other things:

"Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years."

I'll look into it further. But I think that the bottom line is that the CA Penal Code only affects persons within the state of CA. If the person within the state of CA has an FFL who will accept the firearm, then the non-Californian should not worry about it one iota. If there are any laws being broken, it's the CA resident and/or his FFL who will face the music; not the non-Californian.

I know it's all a confusing mess, and I threw these issues back and forth with an FFL friend of mine (who is not your usual FFL; this guy really knows the laws inside and out) and he came to the same conclusion as me.

The people who face the music in all this confusion are the Californians. Non-Californains get a little too wound up about the whole issue. If the non-Californian ships the rifle to a bona fide FFL, then he (the non-Californian) should not worry any further about it.

[steel]

I should probably add that, if you were within the boundaries of CA, say visiting a relative, you would be bound by CA law. For example, you cannot drive into CA with an "assault" rifle. (There may be a few exceptions to this, such as driving to a competition and the like, but I am not 100% sure about this at this point).


I think this is wha the ATF is referrring to when they advise you to respect the laws of other states. But I'd have to research this a little further.

[steel]

And concerning whether or not a federal agancy can lie to us, of course it can. I've caught the IRS in a few lies propagated against my clients to further the IRS's agenda. The CA DOJ lies. It happens, more often that you think. And it's total BS.