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So this is a hypothetical question only. After seeing posts about California and other gun unfriendly states it made me wonder

If I were to sell a prohibited item and ship said prohibited item either to an individual or ffl ( obviously a gun would be shipped to the ffl). who would be in trouble? Since these are state laws and not federal would the state go after the seller? My opinion is no they wouldn't. They would go after the individual or ffl dealer.

Any thoughts. Again this is hypothetical I have no pending sales of prohibited items. Just curious
Thanks
Wally
 

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My thought is that the state would go after the seller but then they would have to get your state to find you and then pay for extradition. So at the end of the day it becomes a question of how much time and money are they willing to waste to have you tracked down and sent to their state for a trial?
 

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CA DOJ WILL go after you - and invite you to come to CA to be "interviewed". a couple years ago now, I some magazine parts to a C&R SMG to a guy in CA as rebuild parts. Spring, follower and base. NO body. had photos in the add of these items. Guy gets busted for some non-gun related offense and the cops go through his computer and house - find the mags and my emails. wants to charge me with selling hi caps in CA. Had lawyer contact them , they wanted me to come there and get interviewed. Which wont happen. Took a bit to convince them that I only sold parts. this is why I wont sell stuff to CA.

so the answer is yes, they can and will go after you. they can issue a warrant for your arrest, and if you get busted anywhere they can request extradition. According to my lawyer. YMMV.
 

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So this is a hypothetical question only. After seeing posts about California and other gun unfriendly states it made me wonder

If I were to sell a prohibited item and ship said prohibited item either to an individual or ffl ( obviously a gun would be shipped to the ffl). who would be in trouble? Since these are state laws and not federal would the state go after the seller? My opinion is no they wouldn't. They would go after the individual or ffl dealer.

Any thoughts. Again this is hypothetical I have no pending sales of prohibited items. Just curious
Thanks
Wally
I live in an "anti" state - New Jersey.

Most likely the "anti" state is not going to go after an individual seller (Unless, possibly, the seller has an FFL or some kind of tie to the "anti" state (like property owned or a business/professional license in the "anti" state)), especially if the seller broke no federal law and no law in the seller's state.

What does happen to bigger retailers is occasionally "anti" state's attorney generals will rattle their sabers at them, depending on the current political proclivities of the attorney general and/or governor - such as the Massachusetts AG is doing currently. CA, NJ, NY & MD have all sent harsh letters to retailers like Cabela's, Gander Mountain, Academy etc. for shipping ammo into the state because it might violate receiving state law in certain circumstances, and they can threaten suit. Depending on the retailer's legal budget this may or may not chill them into not shipping what the "anti" state doesn't like.

I can tell you that the NJ legislature really, REALLY doesn't like that , although certain ammo purchases in NJ require a "Firearms Purchaser ID card" (FID)( which involves a background check/references to get), any John/Jane Q. Public can circumvent the FID card requirement that by having ammo shipped right to their door from an out-of-state retailer like Cabelas.

When it comes down to it though, they can't extend their state law to another state. Just like Cabela's can legally originate a sale of ammo in PA, and then deliver it into NJ, I can also scoot over the border into PA, walk into a Cabela's, buy a bb-handgun legally with cash and a smile, and then come back to NJ and legally possess it (where that same bb-handgun purchase in NJ would require a FFL transfer + background check).

I have heard of a former NJ resident who moved to PA being extradited back to NJ on the charge of "falsifying a FID application". Why after moving to PA he tried to apply for a FID back in NJ, I have no idea, but the PA state police did arrest him and hold him, and then extradite him back to NJ for trial, so it is possible if they want you bad enough, and there is an extradition agreement between the states, they can get you.
 

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My thought is that the state would go after the seller but then they would have to get your state to find you and then pay for extradition. So at the end of the day it becomes a question of how much time and money are they willing to waste to have you tracked down and sent to their state for a trial?
Extradition isn't cheap, have you seen gas prices lately? :rofl:
Seriously though it is expensive as they have to provide transportation and a chaperone (or two depending upon the crime) which is usually an officer of the law. Even by Greyhound bus it wouldn't be cheap. Best to stay within the laws and don't make any mistakes.
CaptMax
 

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Guys, correct me iif iI am wrong.

As a resident of Alabama I am not subject to the laws of California. Since iit is not illegal for me to ship mags, etc I am iin absolutely no danger from criminal prosecution from California. I can and would tell them to pound sand if I were contacted by them.

They would have to go through the attorney general /DA of my state /county before they could do anything.
 

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High capacity magazines: Cannot be shipped to Washington, D.C.; CA; CO; CT; HI; Aurora, Calumet Park, Chicago, Cook
County, Dolton, Hazel Crest, Highland Park, Homewood, North Chicago, or Skokie, IL; MA; MD; NJ;
NY; Canada; or Puerto Rico. Cannot be sold to minors, convicted felons, those convicted of a
misdemeanor crime of domestic abuse or chemically dependent. MUST be 18 and have no legal
disabilities to order.

This is the standard message you see for all large online retailers who sell guns, magazines and ammo. I'm sure they have a large team of lawyers they pay big $$$ to give them such advice. I always follow suite to the big boys and let them spend their money to understand the law.
 

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Guys, correct me iif iI am wrong.

As a resident of Alabama I am not subject to the laws of California. Since iit is not illegal for me to ship mags, etc I am iin absolutely no danger from criminal prosecution from California. I can and would tell them to pound sand if I were contacted by them.

They would have to go through the attorney general /DA of my state /county before they could do anything.
California - wise, I think you are wrong. By shipping a prohibited item to Cali you are facilitating and taking part in a criminal act. Cali will go after you. They will issue a criminal complaint, possibly even serve a warrant, and odds are your state will honor it, because they have or might have (in the future) warrants to serve here that are actually "real" criminal matters. They will give you up PDQ rather than have Cali tell them to pound sand when they want to go after a wife beater or child molester that has relocated here. And so you know, when Cali serves that complaint or warrant, it will be of the felony variety. Importing a high capacity magazine into Cali, except for special people with badges or licenses, is a felony. And a magazine is defined here as "any ammunition feeding device" - so belts are included. Push comes to shove, and they turn it over to the US Marshall's office (it is a felony warrant) and they grab you and export you to Cali. If Alabama want's to fight, they can go argue with the Federal DOJ (Good luck with that - by the time they get to the head of the line you'll be taking fast showers with you back to the wall and becoming fluent in Spanish and Ebonics).
 

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As a neutered yorker my advise pertaining to shipping high capacity mags to anti-mag states is simply (and it pains me to say this)- don't. If someone wants it bad enough they will find a way to get it - why take a chance? I sell on GB and note there that I will not sell to Ca - period - just not taking a chance with the bs. I'm not a tinfoil hat person but they (at the state and federal level) are monitoring what is bought/ sold over the internet - if for no other reason than to justify the existence of their job.
 

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Selling gun parts to California residents is not an issue. Selling hi-cap magazines/belts is an issue (unless the person has the appropriate licenses) so don't. Selling guns to California residents is also not really a problem if the transfer goes through a CA FFL holder and the weapon is not considered an assault rifle or other prohibited arms/device.

While California use to be the poster child of gun control, I think other states may now have that prize.
 

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OLDIRONSIGHT SEZ: "High capacity magazines: Cannot be shipped to .... CA. .... minors, convicted felons,... those convicted of a
misdemeanor.... domestic abuse or chemically dependent. MUST be 18 and have no legal disabilities to order."


Yes, BUT... how would a seller be expected to know a buyer would be in violation of any of these? He/she's gonna tell me he/she is addicted to pot or alcohol, or has a misdemeanor 'disability' for hitting his/her significant other?

That being said, some countries will not extradite to the U.S.A because OUR penalties are possibly more severe than the foreign nation's, (IE., death penalty). What's legal in my state and not legal in California should not be chargeable in my state. Therefor, I can own an "assault weapon" illegal in California, I just cannot take it there,maybe.

With 'the law,' of course, logic may not make sense. In fact, "Ere he shall lose an eye for such a trifle... For doing deeds of nature! I'm ashamed. The law is such an ass." - English dramatist George Chapman in 1654 - Revenge for Honour.


Carry On!
Gary
><>
 

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Selling gun parts to California residents is not an issue. Selling hi-cap magazines/belts is an issue (unless the person has the appropriate licenses) so don't. Selling guns to California residents is also not really a problem if the transfer goes through a CA FFL holder and the weapon is not considered an assault rifle or other prohibited arms/device.

While California use to be the poster child of gun control, I think other states may now have that prize.



Alas, with a set of new laws going into effect in 2017, and even more possible in November, the People's Republic if California is working hard to re-claim the title of the country's most active oppressor of civil rights. Consider this your notice, sir: The great state of California will NOT sit idly by and let other states think they can pass more laws the: 1. Violate constitutional rights, 2) Are largely unenforceable, and 3) punish anyone other than law abiding citizens than we can.

"The Golden State" where the question "Can our elected officials be more any more stupid?" is seen as a challenge.
 

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Selling gun parts to California residents is not an issue. Selling hi-cap magazines/belts is an issue (unless the person has the appropriate licenses) so don't. Selling guns to California residents is also not really a problem if the transfer goes through a CA FFL holder and the weapon is not considered an assault rifle or other prohibited arms/device.

While California use to be the poster child of gun control, I think other states may now have that prize.
In my case the issue was that what I sold to the guy were parts - he assembled them into "illegal ammunition feeding devices " and CA DOJ was trying to hang me for supplying them as complete units (Assembled or not by the way) We had to prove that what I sold was only "parts". My guess is that the guy was claiming I sold him complete mags. While I am an FFL, these were not sold as a business event, just me selling the mag parts to a guy on line. worked out for me as the mag bodies were real rough, and I got more for the parts than I could have sold the whole mag - good deal, right ? :eek:

The issue was CA DOJ was going after an individual for selling the items, and while they did not threaten to extradite me ( we got the issue resolved before it got there) they wanted me to come there ( which was not going to happen) . But according to my lawyer, once a warrant was issued in CA, IF I was stopped here in MN or anywhere else the system would kick in, and I would be arrested, jailed, and then CA would decide if they wanted to extradite me.

So the issue is not should you break their laws, but are you willing to accept the consequences ?
 

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I can't wait to see what the new year will bring for all of our states and I do believe it will be an all out battle to see who can pass tougher laws. Although if Kalifornia toughens their laws it will make me feel a little better about living in the evil empire state :rolleyes:
 

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I can't wait to see what the new year will bring for all of our states and I do believe it will be an all out battle to see who can pass tougher laws. Although if Kalifornia toughens their laws it will make me feel a little better about living in the evil empire state :rolleyes:
I feel like California and New York are both alpha males in a dick contest all the time. "hey bruh, I can bench 200 lbs'..."Yeah bruh, i can bench 250"...The rest of the union just sits back and says "jesuz christ, they are at it again'....There are of course always the fan boys who cheer them on because they want to be friends with the big guys. (talking to you, Jersey and Massatwoshits)

I was in PA a few weeks ago. I tried explaining to a guy just how bad it is here in NY. For most folks, Its like listening to someone who grew up in communist Russia...I mean they try to relate but are all like 'cmon, its not THAT bad....you gotta be exaggerating."

We cant even mail order ammo anymore. Yeah, its THAT bad.
 
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