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View Full Version : Safe requirement when picking up new gun?


The SoCal Gunner
05-19-2006, 3:23 PM
I will be picking up a new pistol in a few days and the salesman said that I need to give him information about the gunsafe I own.

I actually have a safe but it was not meant for guns nor does it meet the DOJ requirements to be a gun safe. I also thought that since the gun comes with a safety device, information about my safe or rather an affidavit of me owning a gunsafe was not required.

I have checked the CA DOJ site and from what I understand, I only need to provide proof of owning a gunsafe if the firearm does not come with a safty device.

Am I correct?

FreedomIsNotFree
05-19-2006, 4:06 PM
If you dont have a safe you have to buy a trigger lock....basically the gun cant leave the FFL unless you provide info on a safe you have access to or leave with a trigger lock.

rips31
05-19-2006, 4:07 PM
i believe that you can either use a cadoj safe or an approved gun lock (receipt w/in 30days) to fulfill the requirement.

Unknownassailant
05-19-2006, 4:11 PM
Usually they just ask you what kind of gunsafe you have, give them the name and model and that should suffice. If you tell them you don't have one they just make you buy an overpriced foreign made cable lock. Be smart, write that info down before you go in for pick up.

taloft
05-19-2006, 4:12 PM
If the safety device that comes with the gun is CA-DOJ approved, you are good to go. If it isn't, you will need to purchase one. Don't take the dealers word that the device provided by the manufacture isn't approved. They tried to stick it to me once with that BS. Not all makers provide a device, not all that do are CA-DOJ compliant, check their website.

The SoCal Gunner
05-19-2006, 4:12 PM
If you dont have a safe you have to buy a trigger lock....basically the gun cant leave the FFL unless you provide info on a safe you have access to or leave with a trigger lock.

Isn't the safety device that comes with the gun enough? I just checked out the gun today and in the case it has the safty device that you put through the slide and magazine well.

Pretty sure its on the DOJ safty device list.

AS45-70
05-19-2006, 5:45 PM
Buy a gun lock, your safe doesnt meet the requirements. If you dont have a gun lock be prepared to buy one when you pick up your gun.

The form you fill out regarding the safe asks the Make and model # and also has two more check boxes. They are asking specifically if your safe meets CA DOJ requirements for a gun safe, if it doesnt dont lie.

Buy a gun lock to be safe

EBWhite
05-19-2006, 6:30 PM
I know guys who just fill out the safe affidavit form and just write down a make and model and sign their name. Never any questions from the FFL, and none of them have ever gotten in trouble. Sure they are committing a false statement, but the law is unconstitutional and saves you 15 bucks....So do what you feel is right.

Hanniballs
05-19-2006, 7:29 PM
you could always buy a lock at big5 and return it after you pickup your pistol.

Rumpled
05-20-2006, 1:52 AM
Here's the DOJ affidavit form.
http://ag.ca.gov/firearms/forms/pdf/gsaff.pdf
Your "safe" doesn't have to be approved my model; but if you can declare that it meets these requirements and attest to it - then you are good to go.

Gnote
05-20-2006, 7:39 AM
Walmart also has the lock you can buy and I think it is under $10. If you do buy though, bring the receipt with you because the FFL may want to verify that it was recently bought for the gun instead of it being a lock for a previous gun bought.

Silverback
05-20-2006, 11:36 AM
I've been meaning to check this out. I usually provide an affidavit for the purchase but the last time I did a PPT at Wildsports in Sac they wouldn't accept it. There was a sign posted that they wouldn't accept it due to a change in Federal law and it was open to interpretation and there for questionable. I ended up buying a $10 lock to add to the drawer full I alread have. Anyone know anothing about this? :mad: :mad:

Ps: I don't mean to hijack this tread but it seems to be on topic.

EBWhite
05-20-2006, 11:51 AM
I've been meaning to check this out. I usually provide an affidavit for the purchase but the last time I did a PPT at Wildsports in Sac they wouldn't accept it. There was a sign posted that they wouldn't accept it due to a change in Federal law and it was open to interpretation and there for questionable. I ended up buying a $10 lock to add to the drawer full I alread have. Anyone know anothing about this? :mad: :mad:

Ps: I don't mean to hijack this tread but it seems to be on topic.

that dealer ripped you off.

Mssr. Eleganté
05-20-2006, 12:25 PM
I've been meaning to check this out. I usually provide an affidavit for the purchase but the last time I did a PPT at Wildsports in Sac they wouldn't accept it. There was a sign posted that they wouldn't accept it due to a change in Federal law and it was open to interpretation and there for questionable. I ended up buying a $10 lock to add to the drawer full I alread have. Anyone know anothing about this? :mad: :mad:

Ps: I don't mean to hijack this tread but it seems to be on topic.

Yes, federal law (starting last year) now requires dealers to include a safety device when selling most kinds of handguns to non-licensees. There is no gun safe exemption to this federal law, so the affidavit doesn't help, but there is also no requirement that the trigger lock be California approved or that it was purchased within 30 days.



that dealer ripped you off.

No he didn't. He was just complying with the new federal law. (see above)

EBWhite
05-20-2006, 12:34 PM
Yes, The dealer is required to include a safety device with all handgun purchases. Many guns already come with logs when sold new from the factory. I don't believe the store is required to sell you one, they need to include is with the purchase at no charge. Also, ive not heard of a dealer doing this yet as CA already requires a lock or safe- the affidavit should be good enough- i would shop somewhere else.

Hunter
05-20-2006, 1:51 PM
Yes, The dealer is required to include a safety device with all handgun purchases. Many guns already come with logs when sold new from the factory. I don't believe the store is required to sell you one, they need to include is with the purchase at no charge. Also, ive not heard of a dealer doing this yet as CA already requires a lock or safe- the affidavit should be good enough- i would shop somewhere else.

The original post was about a PPT, so there was no new gun purchase and therefore no requirement for the dealer to supply the lock. Since that particular store posted up front that they will not honor the affidavit waiver, that left the buyer in the PPT to either; 1) provide an approved CA-DOJ lock and a receipt showing it was purchased in the last 30 days; or 2) buy a new approved lock from them at the time of pickup.

The dealer was right in the way they handled this legally since they notified the parties upfront about not accepting the affidavit, meaning the parties could have gone elsewhere for the transfer.

tankerman
05-20-2006, 1:56 PM
Most of the shops I have dealt with seem to be giving away locks. There are some exceptions to the rules, I purchased a Ruger #1 about 5 years ago and was told that a gun lock was not acceptable for that firearm, as it could not pass through the reciever or keep the lever in check, at the time I had no gun safe. I ended up having to buy one, as I had special ordered the gun and already paid for it and was at the end of my DROS period before I found out. That was an expensive adventure.
I suggest not waiting to buy a gun safe, if you plan on collecting a fair amount of firearms you really need one. Buy the largest one you could possibly fit at your residence, otherwise you might end up like myself, with a whole slew of mid-sized safes all over the place. What a mess.

Mssr. Eleganté
05-20-2006, 1:59 PM
The original post was about a PPT, so there was no new gun purchase and therefore no requirement for the dealer to supply the lock. Since that particular store posted up front that they will not honor the affidavit waiver, that left the buyer in the PPT to either; 1) provide an approved CA-DOJ lock and a receipt showing it was purchased in the last 30 days; or 2) buy a new approved lock from them at the time of pickup.

Technically, he could have used the safe affidavit to satisfy the California law and then used a previously owned lock to satisfy the Federal law. The seller could have included almost any old gun lock with the purchase to satisfy the Federal law. It doesn't have to be California approved or purchased within 30 days of the transfer and no receipt is required.

Hunter
05-20-2006, 2:04 PM
Technically, he could have used the safe affidavit to satisfy the California law and then used a previously owned lock to satisfy the Federal law. The seller could have included almost any old gun lock with the purchase to satisfy the Federal law. It doesn't have to be California approved or purchased within 30 days of the transfer and no receipt is required.


Yes, you are correct. But in this case the dealer stated prior to the transfer that they would not accept the affidavit (which is the dealer's right) so that left the buyer buying or furnishing a new CA approved lock or going elsewhere.

Mssr. Eleganté
05-20-2006, 2:31 PM
...the dealer stated prior to the transfer that they would not accept the affidavit (which is the dealer's right)...

Are dealers allowed to not accept the safe affidavit? I think they are compelled to complete any PPT's that comply with the law, and the safe affidavit along with a non-Cali-approved trigger lock would fully comply with both state and federal law.

Now I know that a crafty dealer can get around the legal requirement to do a PPT by saying that "something didn't feel right" or he thought a straw purchase was happening, but I don't know if they can refuse to do a transfer that otherwise complies with state and federal law. And posting a sign in saying they are doing just that is pretty good evidence against them.