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aermotor
07-21-2009, 1:44 PM
Was reading through some old stuff in the thread below and just wanted to clarify the point.

If you have a C&R and a COE, are you exempt from the 1 handgun per 30 days AND the 10 day dros period on modern handguns or only C&R? Can you just walk into a store and walk out with a handgun? That's what it seems like but I couldn't find all the pertinent laws and am not 100% sure and have seen conflicting info. Thanks!

C&R license and COE - within CA - handgun = 01 Dealer DROS – No 10-day wait/No 1 handgun per 30 day limit/exempt (X13) from HSC requirement

Tim

http://www.calguns.net/calgunforum/showthread.php?p=2318209#post2318209

ke6guj
07-21-2009, 1:59 PM
with C&R+COE, you are exempt from the 10-day wait on all C&R firearms, long guns and handguns. YOu must DROS it, but you can cash-and-carry immediately. It does not exempt you from the 10-day wait on any modern firearms.

12078(t)(1) The waiting period described in Sections 12071 or 12072 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor, by a dealer to a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077.



The C&R+COE also exempts you from the 1-in-30-day handgun rule for ALL handguns, C&R and Modern.

12072(a)(9)(A) No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(ix) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto and who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071.
note that the 12078(t)(1) exemption only applies to C&R firearms, but the 12072(a)(9)(B)(ix) exemption does not limit the exemption to only C&R handguns.

dfletcher
07-21-2009, 2:39 PM
My experience is that most FFLs are aware of the 1 per 30 exemption regarding C & R handguns, but not on modern handguns. Some are not aware & willing to be educated, some are not at all. I prevailed on one shop that said no at first to give it a try, I'd foot the bill if I was wrong. Another shop wasn't sure and supposedly called a DOJ employee aquaintance (as opposed to their help line) and got an "It's OK" response. So I'd expect the word is spreading a bit.

ke6guj
07-21-2009, 2:44 PM
correct. The modern handgun 1-in-30-day exemption due to C&R+COE is not widely known. IIRC, even CADOJ has tried to play it down. First saying that the exemption only applied to C&R handguns, and when questioned about it, grudgenly agreed that the PC did not limit it to C&R handguns, even though the "intent" was for it to only apply to C&R handguns.

thmpr
07-21-2009, 2:46 PM
Been great having both C/R and COE....! No more waiting 30 days for each purchase.

aermotor
07-21-2009, 3:41 PM
Great thanks ke6guj for the info a PC refs.