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Santa Cruz Armory
09-10-2006, 11:44 AM
Ok, so I read something on this earlier but couldn't get an answser.

With a C&R AND a COE, can I purchase a C&R handgun (in Cali or out of state) and have it shipped to my FFL then DROS and cash and carry? This would be SWEET!

TonyNorCal
09-10-2006, 12:14 PM
That's correct. According to the statutes if you have a C&R and a COE you can cash and carry any C&R firearm from a California dealer (key word here is firearm rather than say long gun). I've posted the statute below. You still need to DROS though. Your mileage may vary whether a dealer will actually do it.

If you're out of state and have a C&R you can purchase a C&R handgun yourself and bring it back. Only you need to notify the DOJ upn your return. Use that form Ammendment II posted in the C&R section on GunsCal.


Statute
Within 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.

Rumpled
09-10-2006, 2:20 PM
It's a pretty good feeling just strollin out with a just purchased handgun!

chiefcrash
09-11-2006, 8:05 AM
i think you can also get around the 1 handgun per 30 days limit with a C&R + COE combo...

timmy8151
09-11-2006, 9:55 AM
i think you can also get around the 1 handgun per 30 days limit with a C&R + COE combo...

I believe this is true. However, a FFL dealer told me that the DOJ has rejected DROS's on people who had a C&R & COE that tried to purchase 2 non C&R handguns withing 30 days.

Dump1567
09-11-2006, 11:16 AM
i think you can also get around the 1 handgun per 30 days limit with a C&R + COE combo...

There's been some confusion on this, but I'm pretty sure this only applies to C&R eligable handguns. Although the section doesn't look like it specifically says this and could be interpreted differently. I guess it's just a matter of finding a dealer that will allow this on non C&R. I know my dealer said no when I asked him.

DOJ FAQ:

24. I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols. Does the one-handgun-per-30-day restriction apply?
No. If you possess a valid federal Curio & Relics Collector's license and a valid California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day restriction.

(PC section 12072(a)(9)(x))


(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:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in California.
(v) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of his or her employment as a peace officer.
(vi) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an exemption from the waiting period set forth in subdivision (c) of this section.
(viii) Any transaction conducted through a licensed firearms dealer pursuant to Section 12082.
(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.

TonyNorCal
09-11-2006, 11:24 AM
A C&R and COE combo does in fact waive the 1 handgun per month rule. If the DOJ declined it then maybe the DOJ needs to read the law they are sworn to uphold.

Within section 12072
...
(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.
(licensed collector means C&R)

TonyNorCal
09-11-2006, 11:25 AM
Here's a thread I wrote about the COE back when mine arrived.

http://www.calguns.net/calgunforum/showthread.php?t=29987&highlight=coe

chiefcrash
09-11-2006, 9:10 PM
i think you can also get around the 1 handgun per 30 days limit with a C&R + COE combo...

oops, forgot to throw in the C&R gun only clause...

though you can get away with non C&R guns in special circumstances (consequtivlely serial numbered pistols, for instance)

EOD Guy
09-12-2006, 11:49 AM
oops, forgot to throw in the C&R gun only clause...

though you can get away with non C&R guns in special circumstances (consequtivlely serial numbered pistols, for instance)

It includes all handguns, not just C&R. I've done it twice and all sales got through the DROS just fine. If a DROS for a second handgun was rejected, it was probably because the proper exemption was not entered on the second DROS form.

zinfull
09-12-2006, 10:09 PM
It is actually up to the dealer to verify you are 30 day exempted. He chooses the type of exemption on the dros. I found this out when I used collector as an exemption and had my second gun rejected on the same dros. A call to DOJ cleared up the problem and now I can buy any number of C&R or listed handguns per month.

Jerry

icormba
10-01-2006, 4:10 AM
It is actually up to the dealer to verify you are 30 day exempted. He chooses the type of exemption on the dros. I found this out when I used collector as an exemption and had my second gun rejected on the same dros. A call to DOJ cleared up the problem and now I can buy any number of C&R or listed handguns per month.

Jerry

Sorry, reviving a thread!
So if I have a 03 C&R and a COE can I have 2 handguns put onto the same DROS at the same time? or would I still need to do 2 DROS's and still pay $25x2? Handguns are always $25 DROS each, right? sorry if that's been brought up already... it's late!