PDA

View Full Version : One Handgun Every 30 Days Question


Flopper
10-01-2009, 10:42 AM
I've searched for this but can't find an answer.

I bought a pistol from an out of state FFL, had it shipped to the local FFL, and DROS'd it here on Tuesday.

I found a great deal on another pistol from a Calguns member this week and bought that also, and it arrived this morning. The only problem is that he lives in SoCal and so it was shipped to another local FFL.

My original thinking was that this wouldn't be a problem since PPT's are exempt from the 30 day rule for handguns. Of course later on it dawned on me that CA doesn't consider transfers to be PPT's if they're not conducted FTF.

What can I do to remedy this?

Is there a way to transfer the second pistol but not take possession of it until 30 days have passed?

If that's not possible, do FFL's ever store the pistol in question (a storage fee is understandable) and then do the DROS after 30 days?

Thanks in advance for any help! (ETA: what a crummy topic for post #223)

Ducman
10-01-2009, 10:45 AM
The only way that i know off is FFL has to store it for you and start a new dros after 30 days. Silly but yup, that's california at it's best :cool:

Pace
10-01-2009, 11:09 AM
yes, they will usually store the gun for you until the 30 days has passed. Sometimes they will charge a storage fee, but if you use them a lot, then they might hold it for free.

rp55
10-01-2009, 12:12 PM
They may store and may charge for it. I have one handgun in storage in Salinas that I can DROS this afternoon after 4PM and one waiting in Monterey for yet another 30 days.

Flopper
10-01-2009, 12:43 PM
Well thanks for the responses guys! At least it looks like my gun won't just be left in limbo.

Thanks for helping me to get my ducks in a row before I make a few phone calls!

p7m8jg
10-01-2009, 12:49 PM
Does a C&R license get you around the one-gun-every-30-days limitation?

loather
10-01-2009, 3:19 PM
Does a C&R license get you around the one-gun-every-30-days limitation?

If you have both an 03 FFL and a California Certificate of Eligibility, yes. Although, it remains to be seen whether or not the 1-in-30 exemption applies only to C&R handguns or all handguns -- this is something I've been wanting to know the answer to as well.

Flopper
10-01-2009, 3:22 PM
If you have both an 03 FFL and a California Certificate of Eligibility, yes. Although, it remains to be seen whether or not the 1-in-30 exemption applies only to C&R handguns or all handguns -- this is something I've been wanting to know the answer to as well.

Either way I'm planning on getting both since this combo will exempt you from AB 962.

loather
10-01-2009, 3:43 PM
Either way I'm planning on getting both since this combo will exempt you from AB 962.

I'm already halfway there. All I need to do is go for the COE and I'm all set. And submit to the stupid livescan.

ETA: Since they dropped the 50-rounds-per-month private transfer restriction from the bill, I'll probably end up buying for my friends as well.

domokun
10-01-2009, 4:00 PM
If you have both an 03 FFL and a California Certificate of Eligibility, yes. Although, it remains to be seen whether or not the 1-in-30 exemption applies only to C&R handguns or all handguns -- this is something I've been wanting to know the answer to as well.

The 03FFL + CA COE setup exempts you from the 1 in 30 day restriction on ALL handguns (C&R + Modern).

ke6guj
10-01-2009, 4:12 PM
If you have both an 03 FFL and a California Certificate of Eligibility, yes. Although, it remains to be seen whether or not the 1-in-30 exemption applies only to C&R handguns or all handguns -- this is something I've been wanting to know the answer to as well.

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 PC does not limit it to just C&R handguns. And when called about it, CADOJ has reluctantly agreed that the exemption is for all handguns.

If you have a C&R + COE, then you fall under 12072(a)(9)(B)(ix) which exempts you from 12072(a)(9)(A).

Many calgunners have used that exemption to the 1-in-30 for multiple modern handguns.


If the legislature wanted it to apply to just C&R handguns, they could have wrote the law to say that. As an example, for the "no 10-day wait for C&R purchases, they did specify that it only applied to C&R 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.