So why does California Law prevent an airgun from being sold in NY or PA to a buyer in VA?

[peeetb]

I was told by a senior CSR (called in for assistance) that California law is what prevents a seller from selling his or her airgun in PA or NY to a buyer in VA.  

First- we have no restrictions on purchases in VA on airguns- literally none.  Second, when I cited the "policy" and what states were on the list where buyers were prevented, the manager in question explained it was a CA law preventing this sale.  I find this rather interesting since a buyer in MI can purchase the same gun.  eBay as a company appears to have a double standard, and the policies and laws they claim to be beholden to are clearly not enforced if a buyer in MI can purchase an airgun from a PA seller, but a VA buyer cannot.  Again, Virginia has no such limitations on airgun purchases. 

[eburtonlab]

Without having any specific knowledge of the relevant laws other than what is mentioned in the previous post:

A California law cannot prevent an individual in NY or PA from selling an item to an individual in VA.

But a CA law can prevent a company (eBay) that does business in CA from listing items for sale that cannot legally be sold in CA. If eBay wants to list all its items in CA, eBay has to abide by CA laws that have to do with those listings.

eBay would rather list all its items in CA (and other states) than try to carve out state-by-state exceptions for various categories of items, and so eBay chooses not to facilitate the sale of various items that would otherwise be legal in certain locations.

Just because an item is legal doesn't mean eBay has to sell it. Plenty of legal things can't be bought or sold on eBay.

[robot-hands]

Must be a new secret rule.

[penguins_dont_fly]

@peeetb 

There is no mechanism on eBay to block purchases by State.

If something is prohibited in any locality, it is prohibited for sale on eBay.

[mudshark61369]

@peeetb,

eBay has had a love / hate relationship with the sale of BB. Pellet and air soft guns, ever since some of the mass shootings took place. Their CS reps, often offer stock answers about the sale of those items that do not follow ebay's stated policy.  The ones based in the  Philippines (some speak nearly flawless english) are well known for doing that. If you spoke to a Ca. based CS rep, it is entirely possible the answer you were given was based on their own personal beliefs concerning those items.   Their enforcement of the policy is not consistent and there have been many topics written about the subject  over the last few years, both pro and con.

I cannot fathom why a seller in Pa, can sell to a buyer in Mi. (where there was once a policy prohibiting the sale of BB & Air soft guns) but cannot sell to a person from Va. where there are no restrictions, except to say that possibly something in the listing disqualifies the sale.  Below is a link to the policy, and maybe you'll find something in it that caused to problem.

https://www.ebay.com/help/policies/prohibited-restricted-items/firearms-weapons-knives-policy?id=427...

[fuzzface50]

"There is no mechanism on eBay to block purchases by State.

If something is prohibited in any locality, it is prohibited for sale on eBay."

Years ago when I sold off some  vintage slot machines there was like a half dozen or so states it was illegal to sell them to and ebay ruling back then was we had to add a separate paragraph in our listing announcing we could not accept bids or sell to anyone in those states and each state had to be listed.  With that extra paragraph you were allowed to sell them here but without that paragraph your listings were pulled. Ebay  even supplied the paragraph that we just cut and pasted in.  Not sure if it still that way now or not. Haven't looked at or sold vintage slots for a while but I should recheck myself seeing I do have a few left around here collecting dust.

sorry op, I know not much help from me on your topic but wanted to point out to the other person if something is not permitted in a select few areas doesn't mean it cannot be sold here at all. You just need to follow the rules in the restricted items section. 

Look at the bright side op, I gave your thread a bump and maybe someone else will see it now that has more knowledge on selling your particular item here. 

[penguins_dont_fly]

@fuzzface50 

@peeetb 

Here is the airgun policy:

https://www.ebay.com/help/policies/prohibited-restricted-items/firearms-weapons-knives-policy?id=427...

(Sorry for the long post ... but the "conditions" for selling and buying air guns are lengthy)

Air gun guidelines

eBay allows listings and products for BB guns, pellet guns, air rifles, air pistols, pop guns, and other similar devices that shoot, or are designed to shoot, a metal projectile without the use of gun powder. Because these items may be considered weapons in some jurisdictions, eBay requires sellers of Air Guns to comply fully with any and all associated Laws.

Air Gun Sellers

Sellers may only list Air rifles, air pistols, BB guns, pellet guns or pop guns that are .25 caliber or less, and ammunition or projectiles used with such devices.

All sellers who list Air Guns for sale on eBay must comply with all federal, state, local, and other applicable Laws. If applicable, these sellers must carry the required license to sell and ship Air Guns.

Sellers must list these items in the Air Rifles, Air Pistols or BBs & Pellets (for ammunition only) categories, must offer US domestic shipping only, must have Above Standard or higher seller status, and must include the following information within each item description:

• The following disclaimer: This listing complies with eBay’s air gun guidelines found here and I will only sell and ship air guns to buyers in jurisdictions where permitted by applicable laws - http://pages.ebay.com/help/policies/firearms-weapons-knives.html.; and
• The seller's lawful shipping policy, which must specify the jurisdictions to which the seller can lawfully ship Air Guns, and any restrictions on such shipments (e.g., minimum age of buyer)

Air Gun Buyers

In order to purchase Air Guns on eBay, buyers must, when and by bidding on or purchasing these items, warrant and represent they are aware of and are in compliance with their own jurisdiction's applicable Laws regarding the purchase, possession, distribution, shipment, transport, and use of Air Guns.

State and local laws

Many jurisdictions in the United States have different Laws for the sale, purchase, possession, distribution, shipment, transport, and use of Air Guns. Members should fully research and understand all applicable Laws before listing or buying Air Guns.

Requirements for Air Gun-related transactions on eBay

Be sure to meet all the following terms and conditions when buying or selling Air Guns on eBay. These terms and conditions may change over time. It is your responsibility to visit these pages to see if and how they may have changed, so that you can remain compliant.

1. Limitation of liability: Both buyer and seller expressly acknowledge and agree that eBay is not liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of Air Guns and related accessories on the eBay site.
2. Representations and warranties: Each seller represents and warrants that:
   • The seller of the Air Guns has the right, power, and authority to sell the Air Guns;
   • The seller of the Air Guns owns all necessary and required licenses and permissions to lawfully carry out Air Gun-related transactions on our site, and ship the item to its purchaser;
   • The seller is familiar with and understands all applicable Laws concerning the sale, possession, purchase, distribution, shipment, transport, and use of its products in each applicable jurisdiction;
   • The seller will comply with all relevant Laws concerning the sale, purchase, distribution, shipment, transport, and use of its products in any and all transactions and take all necessary actions to comply fully with all such obligations and monitor such compliance;
   • All sales transactions will be conducted by and under the control of the seller. This includes decisions concerning the selection of Air Guns to advertise or offer for sale, the pricing of those Air Guns, and the ultimate acceptance and fulfillment of the sales transaction. The seller is responsible for all decisions concerning the acceptance or rejection of all bids/orders;
   • The seller will only sell and ship Air Guns to buyers in jurisdictions where permitted by applicable Laws and only under such conditions as permitted by such Laws;
   • Where state and/or local Laws place age restrictions on those who may purchase or possess Air Guns, Seller will require from each buyer affirmation of his/her age and Seller will also require each recipient to show proof of his/her age upon delivery of product(s) to recipient, and will use its best efforts to ensure that such proof of age is satisfied prior to authorizing the release of the product(s) to recipient; and
   • The seller will perform any and all other tasks, or make any and all disclosures, required to ensure the legality and full compliance with Laws of its transaction on the eBay Site.

   Each buyer represents and warrants that:

   • The buyer is familiar with all relevant Laws concerning the sale, purchase, possession, distribution, shipment, transport, and use of Air Guns in his or her jurisdiction;
   • The buyer will comply with all applicable Laws concerning the sale, purchase, possession, distribution, shipment, transport, and use of Air Guns in any and all transactions and take all necessary action to fulfill such obligation and ensure such compliance; and
   • Where applicable Laws place age restrictions on those who can purchase or possess Air Guns, buyer will provide affirmation of his/her age and show proof of his/her age upon delivery of product(s)
3. Indemnification: The seller is solely responsible for compliance with all Laws associated with the sale of Air Guns and will indemnify eBay against any and all claims, losses, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claims") which eBay may incur as a result of any actions arising from or relating to: (i) any alleged breach of any of seller's representations or warranties; (ii) any sale, offering for sale, marketing conducted by, or shipment of a product by seller or any related transaction; (iii) any alleged defect in seller's product(s) or Claims arising out of the use of seller's product by any third party; (iv) seller's alleged violation of any Laws; or (v) any investigation or proceeding relating to any of the foregoing, regardless of whether eBay is a subject thereof or party thereto. It is solely the seller's responsibility to determine whether it may complete any particular transaction based on the seller's ability to assure that the transaction is in compliance with all Laws associated with the sale, purchase, possession, distribution, shipment, transport, and use of Air Guns.
4. Distribution, Shipping, and Transport: Certain Laws may govern and limit a seller's ability to sell, distribute, ship, and transport Air Guns. As a seller, you are solely responsible to consult with legal and/or other experts to determine which Laws may impact your activities and to fully comply with those Laws.

[joem4stuff]

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@eburtonlab wrote:

But a CA law can prevent a company (eBay) that does business in CA from listing items for sale that cannot legally be sold in CA. If eBay wants to list all its items in CA, eBay has to abide by CA laws that have to do with those listings.

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No, a California law can only prevent the item to be shipped to California, it can not prohibit it being listed on a site that sells to other states.

If an eBay employee said otherwise, it wouldn't be the first time they said something without credibility just to get you off the phone.

[divwido]

This is your answer.  Sorry I borrowed it.

But a CA law can prevent a company (eBay) that does business in CA from listing items for sale that cannot legally be sold in CA. If eBay wants to list all its items in CA, eBay has to abide by CA laws that have to do with those listings.

nothing else matters.

[castlemagicmemories]

Ebay being in CA conforms to CA laws.