I don’t get it.
Buyer was Calif resident, buys Nevada gun ONLINE and picks it up in Nevada..?
That doesn’t make sense.
You can order an out-of-state firearm but you must use a Calif. dealer as an intermediary and I think you must pick it up at the biz address of that California dealer.
At least that’s the system I once knew.
Interesting. Therefore, would he then have had to show proof of a Nevada residency before legally acquiring the firearm in that state?
You have to pick it up from a licensed dealer - the dealer cannot ship it directly to you. In this case, the shooter picked up the gun in person from the dealer in Nevada, which is perfectly legal, as long as all of the paperwork and background checks are completed.
Well, if he was physically present at the gun store in AZ I don’t see the problem.
At least that’s the system I once knew.
The system today is that you are correct for a handgun, but you can purchase and receive a long gun from an FFL in any state, as long as the firearm is legal in your home state. The purchaser had to fill out a form 4473 and provide identification at the time of purchase, so there is no way the FFL didn't know the purchaser was from out of state.
It is on the FFL to ensure that your home state laws are obeyed, and in this case the FFL clearly failed to do so, since the AK platform, with detachable magazine, is illegal in California.
The FFL is going to end up apologizing to the BAFTE and perhaps a judge in the near future, and his license is in jeopardy.
“All handguns must be transferred from an FFL dealer to the customer in the state of the customer’s residence
Long guns can be purchased and transferred to a resident of any state in any state provided that the transfer is legal in both the purchaser’s state and the state in which the transfer is taking place”
https://www.cabelas.com/assets/product_files/pdf/federal_state_firearms_regs_online.pdf
“Federal law also usually bars transfer of a firearm by an FFL to a resident of another state, unless the recipient is a Federally-licensed dealer or collector of curio or relic firearms. In some states, an FFL dealer may transfer a rifle or shotgun to a resident of another state if the prospective buyer’s state does not object, but California bars such transactions.”
https://gunlaw.com/out-of-state-gun-shows
“As of January 1, 2015, a law in California supplants the federal law. It, too, prohibits California residents from buying guns out of state and simply driving home with them (or shipping them home). Now, the seller must ship to a licensed California dealer, who will treat the event like any in-state transaction, involving the waiting period, background check, and safety certificate. (Cal. Penal Code §§ 26840, 27540, 27545, and 27585.)”
https://www.criminaldefenselawyer.com/resources/what-legal-way-bring-a-firearm-california.htm
Sounds like the gun shop violated the law. Illegal sale.
you can purchase online and pick up at the retail location or have it shipped to an FFL closer to you and then pick it up from them.
You need NV state issued ID to purchase in NV. Apparently, the shooter moved to NV after graduating from Gilroy HS. He was a legal resident of NV, and bought the gun there.
Even if it was a legal Nevada purchase, it was illegal to import/bring an assault rifle into California.
He had an apartment in Nevada.
FBI searches Nevada apartment tied to Gilroy Garlic Festival shooter