CA PC regarding C&R FFL holders


There has been some discussion regarding whether it is legal for a C&R FFL holder who also has a CA DOJ COE to have a C&R long gun shipped directly to them from out of state. Below is the CA PC which deals with the issue and the person would need to be exempt in order for it to be legal to have the firearm shipped directly to them. Unfortunately there are those who try to play word games in order to claim it is legal and so far I have not seen anyone who has a valid way to get around the CA PC below. One word game is claiming that if the firearm is delivered to your door, you are not importing it, but is bogus and does not get around the requirements in the CA PC. A personal firearm importer is defined in CA PC 17000 and basically it is a person who is moving to CA from another state.

My reading of the CA PC says that the C&R FFL holder has to take actual possession outside of CA or the fiream has to be shipped to a CA dealer for transfer.

If there is someone who can explain a legal means of actually getting around this please let me know.

Summary: It does not appear to be legal for a C&R FFL to buy a C&R firearm of any type from outside of CA and have it shipped directly to them in CA except with some very limited cases (bequest).

Penal Code - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]
  ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
  
TITLE 4. FIREARMS [23500 - 34370]
  ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )
  
DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490]
  ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )
  
CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 -
28000]
  ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )
  

ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 -
27590]
  ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

  
27585.

(a) Commencing January 1, 2015, a resident of this state shall not import into
this state, bring into this state, or transport into this state, any firearm
that he or she purchased or otherwise obtained on or after January 1, 2015,
from outside of this state unless he or she first has that firearm delivered to
a dealer in this state for delivery to that resident pursuant to the procedures
set forth in Section 27540 and Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2.

(b) Subdivision (a) does not apply to or affect any of the following:

(1) A licensed collector who is subject to and complies with Section 27565.

(2) A dealer, if the dealer is acting in the course and scope of his or her
activities as a dealer.

(3) A wholesaler, if the wholesaler is acting in the course and scope of his or
her activities as a wholesaler.

(4) A person licensed as an importer of firearms or ammunition or licensed as a
manufacturer of firearms or ammunition, pursuant to Section 921 et seq. of
Title 18 of the United States Code and the regulations issued pursuant thereto
if the importer or manufacturer is acting in the course and scope of his or her
activities as a licensed importer or manufacturer.

(5) A personal firearm importer who is subject to and complies with Section
27560.

(6) A person who complies with subdivision (b) of Section 27875.

(7) A person who complies with subdivision (b), (c), or (d) of Section 27920.

(8) A person who is on the centralized list of exempted federal firearms
licensees pursuant to Section 28450 if that person is acting in the course and
scope of his or her activities as a licensee.

(9) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710)
of Division 5 of Title 2 acquired by a person who holds a permit issued
pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division
5 of Title 2, if that person is acting within the course and scope of his or
her activities as a licensee and in accordance with the terms and conditions of
the permit.

(10) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500)
of Division 10 acquired by a person who holds a permit issued pursuant to
Section 31005, if that person is acting within the course and scope of his or
her activities as a licensee and in accordance with the terms and conditions of
the permit.

(11) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610)
of Division 10 acquired by a person who holds a permit issued pursuant to
Section 32650, if that person is acting within the course and scope of his or
her activities as a licensee and in accordance with the terms and conditions of
the permit.

(12) A firearm regulated pursuant to Article 2 (commencing with Section 33300)
of Chapter 8 of Division 10 acquired by a person who holds a permit issued
pursuant to Section 33300, if that person is acting within the course and scope
of his or her activities as a licensee and in accordance with the terms and
conditions of the permit.

(13) The importation of a firearm into the state, bringing a firearm into the
state, or transportation of a firearm into the state, that is regulated by any
of the following statutes, if the acquisition of that firearm occurred outside
of California and is conducted in accordance with the applicable provisions of
the following statutes:

(A) Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
relating to destructive devices and explosives.

(B) Section 24410, relating to cane guns.

(C) Section 24510, relating to firearms that are not immediately recognizable
as firearms.

(D) Sections 24610 and 24680, relating to undetectable firearms.

(E) Section 24710, relating to wallet guns.

(F) Chapter 2 (commencing with Section 30500) of Division 10, relating to
assault weapons.

(G) Section 31500, relating to unconventional pistols.

(H) Sections 33215 to 33225, inclusive, relating to short-barreled rifles and
short-barreled shotguns.

(I) Chapter 6 (commencing with Section 32610) of Division 10, relating to
machineguns.

(J) Section 33600, relating to zip guns, and the exemptions in Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, as they relate to zip
guns.

(c) The provisions of this section are cumulative and do not restrict the
application of any other law. However, an act or omission punishable in
different ways by this section and different provisions of this code shall not
be punished under more than one provision.
(Added by Stats. 2014, Ch. 878, Sec. 4. Effective January 1, 2015.)


Penal Code - PEN PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) TITLE 4. FIREARMS [23500 - 34370] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) 27565. (a) This section applies in the following circumstances: (1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) The licensed premises of that person are within this state. (3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm. (4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state. (5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department. (Amended by Stats. 2011, Ch. 745, Sec. 28. Effective January 1, 2012.)

Since some people claim to be a person firearm importer as an exemption (although they don't tend to look at the actual defintion):
Penal Code - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]
  ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
  
TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360]
  ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. )
  
DIVISION 2. DEFINITIONS [16100 - 17360]
  ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )
  
17000.  

(a) As used in this part, until January 1, 2014, any reference to the term "personal firearm importer" shall be deemed to mean "personal handgun importer" and, on and after January 1, 2014, any reference to the term "personal handgun importer" shall be deemed to mean "personal firearm importer." A "personal handgun importer," until January 1, 2014, and commencing January 1, 2014, a "personal firearm importer" means an individual who meets all of the following criteria:

(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.

(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.

(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(4) The individual is the owner of a firearm.

(5) The individual acquired that firearm outside of California.

(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.  

(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.

(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.

(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.

(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.

(11) The firearm is not an assault weapon.

(12) The firearm is not a machinegun.

(13) The person is 18 years of age or older.

(14) The firearm is not a .50 BMG rifle.

(15) The firearm is not a destructive device.

(b) For purposes of paragraph (6) of subdivision (a):

(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.

(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.
(Amended by Stats. 2011, Ch. 745, Sec. 3. Effective January 1, 2012.)

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