PDA

View Full Version : 30-days from registration, not from purchase?


krby
02-15-2006, 10:17 AM
I'm hoping someone (an FFL) can explain the handgun purchasing process to me (and others) in a reply. BTW, nothing in this post should construed as me being upset with FFLs/dealers. Navigating these rules are a pain, the ones I have dealt with have been very helpful. I'm also not in as big a hurry as this post might imply, just curious about how the laws are interpreted by FFLs.
---------------------------------------------------------------------------

I was told that the 30-day per handgun requirement is not for purchasing but for registration, and that registration is not when I pickup the previous handgun but when it is registered. I think the implication is that this means that I could overlap the 30-day and 10-day periods on a second handgun.

So, here's an example:
- I buy handgun A. I go to the store provide my HSC, info, do the safe handling test, pay for it, etc. The dealer holds onto it and gives me a time to come back, 10 24-hour periods later. Let's call this day 0.
- 10 24-hour periods later, I return to pickup my handgun. I identify myself, sign some paperwork, and go home with my new handgun. Let's call this day 10.

- 5 days after this, I want to purchase handgun B from a different dealer. I do this via, phone, so I've paid for this handgun. This dealer lets me do this, but I can't register it until "after 30 24-hour periods from the previous registration". Let's call this day 15.

Questions:
- When is the "registration"? Is it when the DROS and safe handling demonstration is done (day 0)? Does this mean I can register handgun B at day 30?

- If I can register handgun B at day 30, that is also more than 10 days after I bought the handgun (I bought it on day 15). On day 30, can I the FFL release the handgun to me? If so, how was the background check completed? I assume there's a background check for each handgun purchase, right?

- What starts the 10-day waiting period clock? Registration or purchase? Does it matter whether I pay for the whole thing or just put down a deposit? If the intent of the 10-days is a cooling off period, it would seem that is served by starting the clock as soon as the dealer and I have begun the transaction (I give him some sort of deposit, he puts a given box aside for me).

- If the clock is started by registration, then there appears to be no practical dvantage to purchasing before the 30-day period has elapsed. If that's the case I wonder what this FFL meant?

Thanks for walking thru this thought exercise with me.

xenophobe
02-15-2006, 10:34 AM
Wow... you're making this way more complicated than it is.

Your "1 handgun a month" starts when you DROS the firearm. You can purchase as many handguns as you could ever desire in one day, but you may only DROS one handgun every 30 days. On the 31st day AFTER your DROS date you may DROS another handgun.

The only exceptions to the "1 handgun per month" is if you have a C&R License and Certificate of Eligibility, or are purchasing Private Party Transfer or Consignment firearms.

Hope that helps.

CowtownBallin
02-15-2006, 10:40 AM
In short, buy from your fellow gunowners when you find a good deal :D

tenpercentfirearms
02-15-2006, 10:56 AM
Thirty 24 hour periods from your last handgun DROS. It really is that simple.

xenophobe
02-15-2006, 11:05 AM
We always recommend doing it the 31st day, because some people don't remember the exact time they dros'ed a firearm. The DOJ will kick back a DROS as a multiple purchase violation if you're one minute shy of the 30 day mark.

grammaton76
02-15-2006, 11:08 AM
We always recommend doing it the 31st day, because some people don't remember the exact time they dros'ed a firearm. The DOJ will kick back a DROS as a multiple purchase violation if you're one minute shy of the 30 day mark.

Do they actually charge you with an offense for that, or is it just a "eh, no, you failed DROS, try again later" thing?

hrlrdr22
02-15-2006, 11:11 AM
thanks for clearing that up you guys i though i knew too...i was right but didnt want to post as i was confused to all the things he was asking...did make it hard to understand:D

krby
02-15-2006, 11:14 AM
Wow... you're making this way more complicated than it is.

Yea, I do that. Thanks for your patience.


Your "1 handgun a month" starts when you DROS the firearm. You can purchase as many handguns as you could ever desire in one day, but you may only DROS one handgun every 30 days. On the 31st day AFTER your DROS date you may DROS another handgun.

Hope that helps.

It does, almost. No one has answered the 10-day part yet. Does the 10-day period start with DROS as well? Or does the 10-day period start when I purchase (put down money) on a gun? Is there any practical way these periods could run concurrently?

xenophobe
02-15-2006, 11:17 AM
The 10-day waiting period starts when you DROS the firearm. Purchase date is irrelavent.


Do they actually charge you with an offense for that, or is it just a "eh, no, you failed DROS, try again later" thing?

No, they just deny you and tell you that it needs to be re-DROSed. They don't tell you how long you have either. Then again, I don't think I've ever asked. lol

xrMike
02-15-2006, 11:30 AM
xenophobe, let's say I was in some south bay shop about a half-hour ago :) putting a deposit down on a receiver that was not physically there, but was in the process of being shipped there. My 10 days starts today, right? Not when my receiver actually gets there?

Also, I read somewhere that the 10 days doesn't really start until the shop owner inputs the information on my DROS form into the DOJ computer system (online?), and I get assigned a number of some kind. Is that true?

Thanks.

xenophobe
02-15-2006, 11:42 AM
Technically, as far as the DOJ is concerned, your legal ownership starts when your DROS is started -i.e. your personal information is transmitted through the internet, CADOJ issues your DROS # and when we receive confirmation of this, which we print out. It is the single page white form with the CADOJ logo you must sign when you start a DROS.

Technically, if the receiver is not in possession by the FFL when the receiver is listed, it at least needs to be in the state (like at the UPS sorting facility, dispatch center, out for delivery, etc..). In reality, if it has already shipped, it will get to the FFL.

Realistically, as long as you DROSed the receiver before the listing date you are fine. UPS does not know the contents of any packages, nor will they selectively re-route the package after it's been shipped. Most likely, manufacturers will know when their firearms have been listed and will refuse to ship after that date.

bg
02-15-2006, 11:52 AM
Ya know I got caught right up in this mess when it first
kicked in in 2000. I had bought a Ruger Blackhawk in
the latter part of Dec in 99 at a good price. Just a couple
weeks later I find a Colt Python NIB for 600.00. I
had always wanted a Python and here was my chance.
So I plop down almost all of the money for the Colt
and came back a few days later to pay it off. The
FLL who's since passed away, Jerry Wilson of Wilson's
Gun World out here in San Bernardino, process the
DROS at 25.00.


So I wait and wait, then I get a call from Jerry's
wife saying the DOJ dis-allowed my SALE ! WTH ? I've
never been denied a weapon before ! She said she
would look into it...Well guess what. I fell into Davis'
newly passed asinine "one gun a month" bill that became
law in 2000. What a pi$$er ! So I had to re-DROS again
AFTER my past DROS time had expired on the Blackhawk
and my rejected DROS time had passed !

Altogether it ran me 56.00 bucks AND 30 days after I was
DENIED the initial DROS. I didn't get my Colt
until March 18th or there abouts and I had started DROS
on the Colt in early-mid Jan !

What a major PITA !!! My fault ? Yea it was. I
should of checked the new laws, but I didn't and paid
for it. The 1 every 31 gun deal sucks big time !

xenophobe
02-15-2006, 12:15 PM
Yeah, but you got a Colt Python for $600. You'd be lucky to touch a NIB one in CA for under a grand these days.

bg
02-15-2006, 1:32 PM
Well thats a pretty good way to look at it. Hadn't thought
about it that way..and here it is with it's other two Pony
pals > Oh by the way, it's never been fired unless Colt
did it.

http://pic14.picturetrail.com/VOL544/713502/1205951/90768282.jpg

Sorry for hijacking the thread.

xenophobe
02-15-2006, 8:14 PM
Nice! Yeah, good score on the Python. If you ever want to sell it, you know where you can put it up for consignment. lol ; )