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For those who don't know a great deal about CA gun laws, here is the scoop:

Thanks for making a effort to cover this issue. For those who don't know a great deal about CA gun laws, here is the scoop:

1) First of all, the guns that are "banned" are guns that are not on the CA DOJ "safe gun list". It has nothing at all with how deadly they are. A gun is often not on the list because the maker simply has not submitted it for testing, or they did not pay the renewal fee - which somehow makes it instantly unsafe. Many gun law experts believe that the California "safe gun roster" will be struck down as unconstitutional in light of recent Supreme Court rulings. A suit is currently underway.

2) Guns not on the list are not really banned - they simply cannot be sold to regular people by gun dealers. Police are allowed to buy "off list guns". People moving to California can legally bring them in. They may be le...gally sold by their owners (provided you follow the law and go through a dealer).

3) If a police officer buys an off list gun with the intent of keeping it, but finds he does not like it - it is perfectly legal for him to sell it to anyone allowed to own guns (conducting the transaction through a dealer as required by law). Ditto for the person who moves here. Once it is legally owned in the state, it can be privately sold in the same way as any other handgun.

4) What is not legal is for a police officer to buy an off list gun with the intent of selling it to another person - even if the sale is conducted in a way that would be otherwise legal. There are two ways in which this would be illegal. First, the officer would have to lie on Federal Form 4473, where it asks if you are the actual purchaser of the firearm. The question is on the form to cover just these kind of situations. Lying on the form is a Federal Felony (perjury). The second problem arises if the police officer is selling the gun at a profit. Since these guns a rare and in demand, selling at a profit would be easy. Doing so could be viewed as "being in the business of selling firearms" without a license - especially if he did it several times. As a Federally licensed collector, I have to be very careful not to cross that line. I cannot order a gun for the purpose of selling it to another person, even though I can sell someone a gun from my personal collection. It's a fine line.

Sadly, it may turn out that these cops were just helping a friend buy a gun that just is not on a list that is almost certainly an illegal restriction on our 2nd Amendment rights.

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