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View Full Version : Educate me on Requirements for 2nd Hand Dealer's License


tenpercentfirearms
10-14-2010, 4:22 PM
I was just in a conversation with another dealer and we are wondering what is the deal with a second hand dealer's license.

My understanding was that it was completely up to your local law enforcement agency on if you needed one or not. In other words, some coutnies or cities would require you to have one and some wouldn't.

However, there is that new system I heard they implemented. Is it still optional based on your location or is it now state wide.

Any references to laws or PC would be helpful too. Thanks crew!

ARBITER
10-14-2010, 4:49 PM
I just had a Ca DOJ Firearms Division inspection last week and the agent said I needed to obtain a secondhand dealer license as of July 1 2010. I called my Sheriff and he never heard of such a License. At the Sonora Gun Show one of the Dealers said they were just inspected and DOJ said they did not need a 2ndhand Dealer License even though they buy and sell used Long guns and Handguns. Also in Placerville Newtown gun store was told they did not need a 2nd hand license as well as a Granite bay Gun Store. Just Guns and Stuff said the License cost about $143 year and Sam in Placerville is paying $190 a year. Is there a loophole out of this ??

SB 449 (Stats. 2009, ch. 335)
Beginning July 1, 2010, secondhand dealers will report daily to DOJ (rather than the local law enforcement agency) via electronic submission, any firearms purchased, taken in trade, or taken in pawn. Within one working day of receipt of a secondhand dealer report, the DOJ will electronically provide information in the report to a secure mailbox of the local law enforcement agency. ( 12083; Bus. and Prof. Code 21628 and 21628.2.)

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1 All further statutory references are to the California Penal code, unless otherwise specified.

ARBITER
10-14-2010, 5:16 PM
SB 449 (Stats. 2009, ch. 335)


This Bill requires all Dealers who take in trade or consignment firearms to register in the FDAS system and report all firearms to DOJ via the internet and wait 30 days before selling the firearms.


http://ag.ca.gov/firearms/fdasoverview.php

jtmkinsd
10-14-2010, 11:14 PM
The requirements are listed in the California Business and Professions Codes beginning with 21625. I can say the check was cashed a month ago and still haven't received the second hand dealers permit. Reading this code though doesn't give me a warm and fuzzy feeling. It looks like more of a rats nest of new hoops to jump through to make sure we're not selling "stolen merchandise". Funny thing is it's only mentioned in the Penal Code when accepting handguns (or concealable weapons) in CA PC 12071 (b)(18)(B)(v)&(vi). It's new...so expect the DOJ to know even less than you or I know about it...I'm having heartburn over the so called "reporting requirements" that are "supposed" to be developed.

For your reading enjoyment:

http://law.justia.com/california/codes/2009/bpc/21625-21647.html

jtmkinsd
10-14-2010, 11:31 PM
FDAS...Typical government simplicity...43 page user guide...I wish Godzilla would attack Sacramento

ARBITER
10-15-2010, 9:41 AM
SB 449 (Stats. 2009, ch. 335)


This Bill requires all Dealers who take in trade or consignment firearms to register in the FDAS system and report all firearms to DOJ via the internet and wait 30 days before selling the firearms.


http://ag.ca.gov/firearms/fdasoverview.php

I stand corrected on all Dealers having to register for the FDAS.
Senate Bill 449 [PDF 119 kb / 26 pg] amended CA Business and Professions Code Section 21628.1 and added Section 21628.2. Effective July 1, 2010, Section 21628.2 requires secondhand dealers and pawnbrokers to electronically report firearms purchased, taken in pawn or accepted for sale on consignment, or accepted for auctioning to the California Department of Justice (DOJ).

Not to confuse you but on page 6 of 10 of the Information Bulletin No 2010-BOF-02 ( http://ag.ca.gov/firearms/infobuls/2010-BOF-02.pdf )
Q. I’m a licensed California Firearms Dealer (CFD) only. Am I required to use FDAS to report a buy transaction?

A. No. At this time FDAS is only set up to be used by secondhand dealers and pawnbrokers. Although FDAS may be available to CFDs at some point, currently all CFDs must continue to submit the existing Firearms Dealer’s Report of Handgun Acquisition form (BOF 4334) to the Bureau of Firearms.

Some people think the Lackeys at the BOF are still Kowtowing to the Superstitious Progressive liberal Democrats who pass Byzantium laws.
The Sheriff did not require me to have a 2nd hand dealer license for ten years.
They said if I feel the gun is stolen then call him. Also the DOJ agent says the main reason is to check for stolen guns, the exemption is if buying used guns from other Dealers or Wholesalers. What about dealers from out of state??? Auctions on the internet ???

spencerhut
10-25-2010, 6:44 AM
FYI . . .

Madera county does not require.