Legal way to buy a pistol in Ca not on their approved list

[Alan0354]

Hi

I don't know much about buying pistols not on the Ca. approved list in Ca. How do you do that? I read that you have to buy used from out of state and ship to a dealer to register.

Is there any way to buy new ones as ship from out of state?

Thanks

 

[cslinger]

I am not a lawyer or Calif resident but the way I understand it there are basically three ways.

1-Old gun previously on the register being resold
2-Gun purchased by LEO or other entitled entity being resold.
3-Gun brought in legally by a new resident who had purchased / owned it before relocating to CA and being resold.

AFAIK, but could be wrong, you cannot simply buy out of state and ship in to FFL.

 

[Alan0354]

I want a new one, I don't want used one. That's the reason I ask. Like the Glock 43!!!

 

[Aguila Blanca]

Is there any way to buy new ones as ship from out of state?

If it is not on the California registry of acceptable handguns, you can't buy it new. Any hew handgun has to be delivered/transferred to you through an FFL in your state of residence, and a California FFL cannot sell you a gun that is not on the approved list.

As I understand it, your options are as stated by cslinger, above.

FYI: https://www.oag.ca.gov/firearms/certified-handguns/search

 

[ballardw]

I suspect your option comes down to vote some folks out of office and repeal the laws.
Or get a good enough argument in the right court to overturn the laws.

Perhaps get a local administration to pass a local law that "voids" the state law as the state "law" overrules Federal regulations on marijuana then become the test case.

 

[Frank Ettin]

...Perhaps get a local administration to pass a local law that "voids" the state law as the state "law" overrules Federal regulations on marijuana then become the test case....

Nope, you're way off base.

1. A local ordinance can't override state law (although under some circumstances a local ordinance can be more restrictive than state law).
   
   
2. State law on marijuana does not "overrule" federal law on marijuana. Marijuana is illegal under federal law because it is a Schedule I controlled substance under the Controlled Substances Act (21 USC 801, et seq). That means that under federal law it may not be prescribed, used or possessed. It also means that under federal law any user of marijuana is a an unlawful user of a controlled substance, even if legal under state law, and is therefore an unlawful user of a controlled substance prohibited from possessing a gun or ammunition under 18 USC 922(g)(3).
   
   The only effect a State "legalizing" marijuana has is that someone using marijuana in accordance with state law won't be arrested by a local cop, tried in state court, or sent to state prison. But he can be arrested by federal agents, tried in federal court, and sent to federal prison.
   
   See Willis v. Winters, 253 P.3d 1058 (Or., 2011) in which the Oregon Supreme Court ruled that a Sheriff was required under Oregon law to issue a concealed handgun license to Cynthia Willis even though she was a medical marijuana user. But the Oregon Supreme Court specifically noted (at pp. 1065 - 1066, emphasis added):
   

   ...Neither is the statute [the Oregon CHL law] an obstacle to Congress's purposes in the sense that it interferes with the ability of the federal government to enforce the policy that the Gun Control Act expresses. A marijuana user's possession of a CHL may exempt him or her from prosecution or arrest under ORS 166.250(1)(a) and (b), but it does not in any way preclude full enforcement of the federal law by federal law enforcement officials...

 

[Alan0354]

Well, I thought I try and hope there's a way. guess not.

 

[Aguila Blanca]

Just a friendly reminder: This is the General Handguns discussion area, not Law & Civil Rights. The Firing Line doesn't engage in purely political discussion in any discussion area but some closely related mentions of politics are allowed in Law & Civil Rights. This discussion area is about handguns. The question for this thread was about buying certain handguns in California. The question has been answered, and the answer seems to have caused comments to veer in a political direction.

Closed.