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View Full Version : 30 day handgun rule - does it apply to this?


GJJ
06-24-2009, 4:58 PM
I am trading one of my GP100s with another Calguns member. He lives in Northern California. I am in Southern California. We are both shipping our guns to our local FFLs.

If I have another gun I want to trade the same way with a different person. Do I have to wait 30 days?

Thanks.

JDay
06-24-2009, 5:20 PM
That will count as your one in 30 days. For the transaction to be exempt it has to be face to face at an FFL. When the firearm is shipped to the FFL it is considered a dealer sale.

Flintlock Tom
06-25-2009, 9:06 AM
That will count as your one in 30 days. For the transaction to be exempt it has to be face to face at an FFL. When the firearm is shipped to the FFL it is considered a dealer sale.

I'm not sure that's true. According to the DoJ website, concerning "One handgun purchase per 30 days":

Exceptions
The one-handgun-per-30-day limit does not apply to:

• Any law enforcement agency or agency duly authorized to perform law
enforcement duties.
• Any state or local correctional facility.
• Any private security company licensed to do business in California.
• Any person who is properly identified as a full-time paid peace officer who carries a firearm
during the course and scope of his or her employment as a peace officer.
• Any motion picture, television, or video production company or entertainment or
theatrical company whose production by its nature involves the use of firearms.
• Any person who may, pursuant to Penal Code section 12078, claim an exemption
from the waiting period set forth in Penal Code section 12072.
• Any transaction between private parties conducted through a licensed firearms dealer.

Flopper
06-25-2009, 9:36 AM
I'm not sure that's true. According to the DoJ website, concerning "One handgun purchase per 30 days":

Exceptions
The one-handgun-per-30-day limit does not apply to:

• Any law enforcement agency or agency duly authorized to perform law
enforcement duties.
• Any state or local correctional facility.
• Any private security company licensed to do business in California.
• Any person who is properly identified as a full-time paid peace officer who carries a firearm
during the course and scope of his or her employment as a peace officer.
• Any motion picture, television, or video production company or entertainment or
theatrical company whose production by its nature involves the use of firearms.
• Any person who may, pursuant to Penal Code section 12078, claim an exemption
from the waiting period set forth in Penal Code section 12072.
• Any transaction between private parties conducted through a licensed firearms dealer.

ca says that true PPT's are only conducted face to face. if they have to be shipped to an FFL, they are considered dealer sales, as jday already posted.

that's why, when a handgun is shipped to them for transfer, FFL's have to abide by the roster restrictions, plus FFL's can charge as much as they want (whereas PPT charges are limited by law).

Flintlock Tom
06-25-2009, 9:52 AM
ca says that true PPT's are only conducted face to face. if they have to be shipped to an FFL, they are considered dealer sales, as jday already posted.

that's why, when a handgun is shipped to them for transfer, FFL's have to abide by the roster restrictions, plus FFL's can charge as much as they want (whereas PPT charges are limited by law).

I disagree, I don't see anything in the PC which requires the parties to be "face-to-face", only for the seller to deliver the firearm to the FFL and for the FFL to deliver the firearm to the buyer.

12082. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction. (b) The Attorney General shall adopt regulations under this section to do all of the following: (1) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to comply with the requirements of this section and Sections 12071, 12072, 12076, and 12077 and to preserve the confidentiality of those records.

If there is some other penal code which requires the buyer and seller to be face-to-face I can't find it.
I assume that these regulations, concerning fees, only apply to private party transfers between residents of California and not to interstate sales.

Jicko
06-25-2009, 10:02 AM
Flintlock Tom :

The DROS system.

It is 2 different buttons to click.

1) dealers sales

2) ppt

For PPT, there is a form that the seller need to sign, as well as putting his finger print on... for a mail in, that is not possible.... so all mail ins are "dealers sales"

Flintlock Tom
06-25-2009, 10:34 AM
I guess that's where the "The Attorney General shall adopt regulations..." part allows them to attach all kinds of conditions to the transfer.

Oh, well.