Americans used to be able to buy rifles through the mail, shipped straight to their door. From Sears. (Thank you, Lee Harvey Oswald.) Mike In Oregon’s longing for the good old days. And for good reason. He writes:
I live in Oregon and sold a Sig 716 [not shown] to a friend in California (Orange County). Because the firearm as assembled (standard magazine release) is not legal in California, I disassembled everything and recently shipped the parts (except the Lower Receiver) directly to my friend while we were awaiting some answers as to the legality of the Sig 716 Lower Receiver in California. I shipped the stripped Lower Receiver to his designated FFL on December 19 . . .
Upon receipt, the FFL told us that he could only receive firearms from out of state FFL’s and required a CFLC Firearms Shipment Approval Number.
I didn’t believe this to be true and did my own research. From the California DOJ web site CFLC FAQ #2 reads as follows:
I am not an FFL but I want to ship a firearm to a California FFL. Do I have to obtain a Firearms Shipment Approval number before shipping a firearm to California?
No. Only shipments from Federal Firearms Licensees (FFL) require a Firearms Shipment Approval number.
I brought this to the attention of the FFL…and he was enraged (that I called him on the law) and hung up.
I talked with him again later that evening. I read FAQ #2 (above) to him and asked what I was missing. He claimed he couldn’t accept the firearm because he’s licensed as a pawn broker. I didn’t see how that was relevant as he was being engaged as an FFL.
He further asserted I was running afoul of the California Business and Professions Code because I was an out of state resident and didn’t possess a business license. In the end I was told my arguments didn’t matter because he’s already called the DOJ (to CYA) and destroyed the firearm.
And let me say, I’m sugarcoating the tone of the conversation. I’ve never met anyone in the gun business that exuded this much assholery.
In any event, what do I do now? He’s refusing to send me the Lower Receiver or the pieces (if it’s actually been destroyed). He won’t send me anything in writing including an affidavit of destruction and hasn’t referenced his authority in law to destroy the firearm.
I recognize the costs of this firearm, if they are recoverable is a civil matter.
But here’s my biggest concern: he has my firearm (regardless of its condition/disposition) in his possession with a serial number registered in my name. At what point is this considered a stolen weapon? Any suggestions on how I should proceed are appreciated.