Highlights
- You cannot order guns online have them shipped directly to your door.
- There is no inter-state private party exemption from federal dealer transfer requirements.
- Guns shipped to California must be California compliant.
- You cannot buy guns out-of-state and carry them home.
- You cannot buy privately out-of-state and carry them home, even if private sales are legal in X state.
Interstate sales and transfers
For all intents and purposes, “sale” will be used here to include free gifts or loans (transfers) from family or friends. Federal law has no family exception to interstate sales/transfers except in the case of an inheritance bequest.
Federal law requires firearms to ship interstate between licensees.
For all intents and purposes, “sale” will be used here to include free gifts or loans (transfers) from family or friends. Federal law has no family exception to interstate sales/transfers except in the case of an inheritance bequest.
Federal law requires firearms to ship interstate between licensees.
18 USC § 922(a) It shall be unlawful--
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than [a licensee] [...]
(3) for any person, [other than a licensee] to transport into or receive in the State where he resides […] any firearm purchased or otherwise obtained by such person outside that State, […];
(5) for any person [other than a licensee] to transfer, sell, trade, give, transport, or deliver any firearm to any person [other than a licensee] who the transferor knows or has reasonable cause to believe does not reside in […]
There are two ways of buying a gun online: buying from another retailer (either a big box store like Cabelas, or from smaller gun dealers with websites) and from private sellers who advertise online. Private sellers may put up an ad on a gun form or website, or they may post sales on auction type websites like Gunbroker.com and others. Again, in neither case will they ship direct to your door.
Process
Note: if you are buying from a private party (in California) based on an advertisement/offer made online, see the section regarding private party transfers. This section is for firearms bought from a dealer or private party out-of-state. Private purchases made from websites will ship to your dealer; online gun auction and private sale clearinghouses do not operate like buying something off Ebay.
When you are shopping online, first you need to make sure the gun you intend to purchase is legal in California. This means it does not fall into the realm of an “assault weapon” and if it’s a handgun, the particular make and model is listed on the handgun roster.
If the weapon is not California compliant, and the handgun is not on the roster, you cannot possess it. The order may be cancelled or your California FFL will have to ship it back. Restocking, shipping, and handling fees may be deducted from any refund. Also, make sure the seller is willing to ship to a California FFL. Some don’t.
Note: if you are buying from a private party (in California) based on an advertisement/offer made online, see the section regarding private party transfers. This section is for firearms bought from a dealer or private party out-of-state. Private purchases made from websites will ship to your dealer; online gun auction and private sale clearinghouses do not operate like buying something off Ebay.
When you are shopping online, first you need to make sure the gun you intend to purchase is legal in California. This means it does not fall into the realm of an “assault weapon” and if it’s a handgun, the particular make and model is listed on the handgun roster.
If the weapon is not California compliant, and the handgun is not on the roster, you cannot possess it. The order may be cancelled or your California FFL will have to ship it back. Restocking, shipping, and handling fees may be deducted from any refund. Also, make sure the seller is willing to ship to a California FFL. Some don’t.
When you make the purchase, the checkout process will be much like buying anything else. Since all guns must ship to a licensed dealer, there should also be a separate field to put in (or select from a list) your California FFL. Some sellers want a copy of the actual license uploaded or emailed. Check the seller’s requirements. Your FFL can provide their license information over the phone and often have it on a website. It is recommended you contact your California FFL before shipping a firearm to them so they know to expect a gun for you. For new buyers, we would recommend visiting your local gun store and establishing a relationship or at least asking about their preferences before you order online and ship blindly to them.
When the gun arrives at your California FFL, the process will be handled as if you were buying the firearm out of the California FFLs retail inventory, i.e. DROS, FSC requirement, and 10-day wait. See the Buying Guns section.
Can I buy a rifle or shotgun (not a handgun) in another state in person? Federal law says I can.
No. To clarify, we’re not talking about arranging the purchase of a firearm and having it shipped to California. We’re talking about cash and carry: buying in person and taking the gun with you. Federal law does permit rifles or shotguns (not handguns) to be sold to non-resident buyers in other states. However, this does not apply to Californians. The thorn is that federal law requires FFLs to only sell in compliance with the buyer’s state laws.
When the gun arrives at your California FFL, the process will be handled as if you were buying the firearm out of the California FFLs retail inventory, i.e. DROS, FSC requirement, and 10-day wait. See the Buying Guns section.
Can I buy a rifle or shotgun (not a handgun) in another state in person? Federal law says I can.
No. To clarify, we’re not talking about arranging the purchase of a firearm and having it shipped to California. We’re talking about cash and carry: buying in person and taking the gun with you. Federal law does permit rifles or shotguns (not handguns) to be sold to non-resident buyers in other states. However, this does not apply to Californians. The thorn is that federal law requires FFLs to only sell in compliance with the buyer’s state laws.
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in [...] the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States) [...]
A FFL has to comply with California law, including state DOJ licensing (26700). A legion of California-specific requirements relating to DROS also apply, which an out-of-state dealer is unlikely to have or even apply for. The various applicable Penal Code sections will not be recapitulated here. Without California DOJ licensing, certificates, and DROS access, an out-of-state dealer simply cannot comply and it is not in their interest to go through the extra rigamarole (FSC, 10-day waiting period) to tell to California who can just buy the same firearm in-state or have it shipped to a California FFL who can do the state-specific stuff.
Again, federal law requires firearms crossing state lines in commerce to be transferred by a dealer. For Californians, the gun must be shipped to you. You cannot buy privately at a gun show even in, say, Idaho where private sales are still legal, and carry it home.
Can’t order a California-illegal weapon online
Just because “assault weapons” and off-roster handguns are sold online in other states doesn’t mean you can still have it shipped to California. Any guns shipped to California must be California-compliant.
Again, federal law requires firearms crossing state lines in commerce to be transferred by a dealer. For Californians, the gun must be shipped to you. You cannot buy privately at a gun show even in, say, Idaho where private sales are still legal, and carry it home.
Can’t order a California-illegal weapon online
Just because “assault weapons” and off-roster handguns are sold online in other states doesn’t mean you can still have it shipped to California. Any guns shipped to California must be California-compliant.
18 USC § 922(b) It shall be unlawful for any [licensee] to sell or deliver--
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
What if inherit a firearm from someone from another state?
If they are a parent/grandparent (and they must be dead), and have expressed their wishes in writing (a will, for example), the transfer is exempt from the FFL requirement under federal and state law, as long as the Intra-Familial Transfer Form is done. For non-parent/grandchild relationships, the transfer must occur as if it were a stranger selling them to you (or as if you bought them online) and be done through an FFL.
Loopholes are a myth and a lieMany disconsolate Californians learned in Spring of 2020 that firearms cannot be purchased online. These buyers searched for a gun they wanted to buy, put it in their shopping cart, and filled out their credit card info only to get an embarrassing email or phone call the next day. Firearms cannot be ordered online (except for antique firearms) and shipped directly to the buyer. This is isn’t California specific, it’s federal law.
Firearms ordered online must be shipped to a federally licensed gun dealer, or FFL (Federal Firearm License), who then complete the background check and paperwork for the buyer. So, while you are purchasing the firearm from the online retailer, the actual legal background check and transfer is handled by your local gun store.
All Internet sales do is allow gun buyers access to a larger market place. In states where private sales are legal, buyers and sellers meet in forums and on classified page type websites to advertise who is looking for what. The “Internet loophole” is just a 21st century version of a swap meet and classified section of the newspaper. In states without private gun sale bans, buyer and sellers make arrangements online and then meet in person.
The Internet loophole is a myth and a lie. In California, it has been illegal for many years for private parties to sell firearms to each other without going through a dealer. Ostensibly, this was for a background check to make sure the buyer could legally buy the gun, but this allowed handguns to be registered by the state (and later long guns).
Criminals don’t bother with background checks. Most illegally purchased firearms (that don’t come from corrupt FFLs) are bought like drugs. These guns are often stolen or very cheap firearms that are trafficked. Often, gangs tend to share firearms and give them to someone who need a gun for a particular crime.
In other cases, persons with no criminal records buy the guns, lying that they are the actual buyer, but give the gun to a real criminal. Many girlfriends of felons do this. This “straw purchase” system feeds countless firearms into the underground gun market. Most commonly, a gun becomes a “crime gun” when someone who bought the gun legally enters a life of crime or snaps in a violent fit of passion and commits a crime.
Background checks and banning private sales don’t stop crime; they make it harder for law abiding citizens to get guns and make it slightly more annoying for criminals to get them. Private sales without any dealer or government involvement don’t have to suffer any delays waiting for the overburdened and hopelessly backlogged DROS office in Sacramento to catch-up. An unfortunate casualty of California’s near-total ban on private gun sales/transfers is that family members can’t even transfer guns to each other without jumping through hoops.
If they are a parent/grandparent (and they must be dead), and have expressed their wishes in writing (a will, for example), the transfer is exempt from the FFL requirement under federal and state law, as long as the Intra-Familial Transfer Form is done. For non-parent/grandchild relationships, the transfer must occur as if it were a stranger selling them to you (or as if you bought them online) and be done through an FFL.
Loopholes are a myth and a lieMany disconsolate Californians learned in Spring of 2020 that firearms cannot be purchased online. These buyers searched for a gun they wanted to buy, put it in their shopping cart, and filled out their credit card info only to get an embarrassing email or phone call the next day. Firearms cannot be ordered online (except for antique firearms) and shipped directly to the buyer. This is isn’t California specific, it’s federal law.
Firearms ordered online must be shipped to a federally licensed gun dealer, or FFL (Federal Firearm License), who then complete the background check and paperwork for the buyer. So, while you are purchasing the firearm from the online retailer, the actual legal background check and transfer is handled by your local gun store.
All Internet sales do is allow gun buyers access to a larger market place. In states where private sales are legal, buyers and sellers meet in forums and on classified page type websites to advertise who is looking for what. The “Internet loophole” is just a 21st century version of a swap meet and classified section of the newspaper. In states without private gun sale bans, buyer and sellers make arrangements online and then meet in person.
The Internet loophole is a myth and a lie. In California, it has been illegal for many years for private parties to sell firearms to each other without going through a dealer. Ostensibly, this was for a background check to make sure the buyer could legally buy the gun, but this allowed handguns to be registered by the state (and later long guns).
Criminals don’t bother with background checks. Most illegally purchased firearms (that don’t come from corrupt FFLs) are bought like drugs. These guns are often stolen or very cheap firearms that are trafficked. Often, gangs tend to share firearms and give them to someone who need a gun for a particular crime.
In other cases, persons with no criminal records buy the guns, lying that they are the actual buyer, but give the gun to a real criminal. Many girlfriends of felons do this. This “straw purchase” system feeds countless firearms into the underground gun market. Most commonly, a gun becomes a “crime gun” when someone who bought the gun legally enters a life of crime or snaps in a violent fit of passion and commits a crime.
Background checks and banning private sales don’t stop crime; they make it harder for law abiding citizens to get guns and make it slightly more annoying for criminals to get them. Private sales without any dealer or government involvement don’t have to suffer any delays waiting for the overburdened and hopelessly backlogged DROS office in Sacramento to catch-up. An unfortunate casualty of California’s near-total ban on private gun sales/transfers is that family members can’t even transfer guns to each other without jumping through hoops.
Gun Shows
Gun shows are not some sort of bazaar where shady vendors hawk machine guns, rocket launchers, and all sorts of illicit goods. In the past, (and in other states still) gun shows were a place for gun collectors and gun owners to come together to exhibit their guns and buy and sell cheaply. Increased gun control has rendered gun shows in California into rather tame things. The days of selling guns for cash with no paperwork are long gone. The predominant sellers at gun shows are FFLs, licensed dealers, who have whole tables full of the same guns that are behind the counter at their stores. The procedures are the same as in a gun store, however, the guns will be picked up after the waiting period at a physical gun store locally.
All guns and ammo sale laws apply at a gun show.
All guns and ammo sale laws apply at a gun show.
27310. All firearms and ammunition transfers or sales at a gun show or event shall be in accordance with applicable state and federal laws.
27315. Sales of ammunition at a gun show or event shall comply with all applicable laws, including
Note: gun/ammo sales at gun shows have the same requirements as at a store. There can be no private gun sales.
No firearms with ammo allowed
No firearms with ammo allowed
27330. No person at a gun show or event, other than security personnel or sworn peace officers, shall possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Vendors having those items at the show for sale or exhibition are exempt from this prohibition.
Minors require a parent, grandparent, or legal guardian
27335. No member of the public who is under the age of 18 years shall be admitted to, or be permitted to remain at, a gun show or event unless accompanied by a parent or legal guardian. Any member of the public who is under the age of 18 years shall be accompanied by that person’s parent, grandparent, or legal guardian while at the show or event.
Procedure to bring in firearms and ammo
27340. (a) Persons other than show or event security personnel, sworn peace officers, or vendors, who bring any firearm or any ammunition that is separate from a firearm onto the gun show or event premises shall sign in ink the tag or sticker that is attached to the firearm prior to being allowed admittance to the show or event, as provided for in subdivision (b) and (c).
(b) All firearms carried onto the premises of a gun show or event by members of the public shall be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker shall be attached to the firearm, prior to the person being allowed admittance to the show. The identification tag or sticker shall state that all firearms transfers between private parties at the show or event shall be conducted through a licensed dealer in accordance with applicable state and federal laws. The person possessing the firearm shall complete the following information on the tag before it is attached to the firearm:
(1) The gun owner’s signature.
(2) The gun owner’s printed name.
(3) The identification number from the gun owner’s government-issued photo identification.
(c) Any ammunition carried onto the premises of a gun show or event by members of the public shall be checked and secured in a manner that prevents the ammunition from being discharged. An identification tag or sticker shall be attached to the ammunition prior to the person being allowed admittance to the show. The identification tag or sticker shall state that all ammunition transfers between private parties at the show or event shall be conducted through a licensed dealer or ammunition vendor in accordance with applicable state and federal laws. The person possessing the ammunition shall complete the following information on the tag before it is attached to the ammunition:
(1) The ammunition owner’s signature.
(2) The ammunition owner’s printed name.
(3) The identification number from the ammunition owner’s government-issued photo identification.
Must possess and show ID on demand when possessing ammo
27345. Any person who possesses a firearm or ammunition at a gun show or event shall have government-issued photo identification in immediate possession, and shall display it upon request to any security officer or peace officer.