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tmncali
03-22-2011, 6:41 PM
First off I need to make sure that I am correct in my belief......

I thought that an 03 FFL (C&R) + COE = exemption from 1 in 30 day limit on modern handguns.


If that is the case, my question is....

What would be the course of action if a retailer refuses to accept this as an exemption?

I was fortunate on my last purchase as it turned out to be more than 30 days, at the time I did not think it was, so I handed them my papers and said that it was for my 1 in 30 exemption....... 15 minutes and a few phone calls later I was told it only applied to C&R.

I am planning on trying again, but don't know what will happen if they refuse to put down the exemption again and my DROS gets kicked back for multiple purchases.


Any thoughts, ideas?

We The People Firearms
03-22-2011, 7:12 PM
Go in with a penal code indexed to pc 12072 and show them. If that doesn't work, insult them for their lack of knowledge and go somewhere else.

Cokebottle
03-22-2011, 7:17 PM
Go in with a penal code indexed to pc 12072 and show them. If that doesn't work, insult them for their lack of knowledge and go somewhere else.
This.

A lot of gun shops believe that the exemption only applies to C&R handguns.

Show them the PC, and tell them that if the DROS is rejected, you will happily pay their $35 again in 30 days (I say $35 because I'm assuming it's Turner's).

SJgunguy24
03-22-2011, 8:37 PM
Go in with a penal code indexed to pc 12072 and show them. If that doesn't work, insult them for their lack of knowledge and go somewhere else.

Yep, I agree 100% and don't forget your exempt from the HSC requirement.

Cokebottle
03-22-2011, 8:46 PM
Yep, I agree 100% and don't forget your exempt from the HSC requirement.
I thought so too, but for the HSC, we are only exempt for C&R handguns.

We were chatting about that in another thread a couple of weeks ago.

CCW is the only exemption available to civilians other than employment-related exemptions (guard card, etc...)

ke6guj
03-22-2011, 9:10 PM
I thought so too, but for the HSC, we are only exempt for C&R handguns.

We were chatting about that in another thread a couple of weeks ago.


correct, the C&R + COE HSC exemption states that it is just for C^&R handguns,

12807. (a) The following persons, properly identified, are exempted from the handgun safety certificate requirement in subdivision (b) of Section 12801:
(6) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued to him or her by the department pursuant to Section 12071.

whereas the 1-in-30 exemption does not limit it to just C&R handguns.

(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. no mention tht the handgun must be C&R.


As another point of reference, the waiting period exemption for C&R+COE states that it is limited to just C&R firearms (of any age).
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.
So, when they specifically state that the the exemption in 12078(t)(1) and 12807(a)(6) only applies to C&Rs, the fact that they don't state that the exemption in 12072(a)(9)(ix) is limited to C&R handgun means something.

SJgunguy24
03-22-2011, 11:22 PM
Strange, I did a DROS for myself and that came up as an exemption. I have an HSC but didn't have to enter the info to complete the DROS.

CHS
03-23-2011, 7:38 AM
A lot of gun shops believe that the exemption only applies to C&R handguns.


In their defense, that's because the DOJ TELLS them that it only applies to C&R purchases.

We know better, but if it's a shop who's used to calling the DOJ for advice, they're not going to listen to "man off the street".

Kid Stanislaus
03-23-2011, 12:51 PM
Go in with a penal code indexed to pc 12072 and show them. If that doesn't work, insult them for their lack of knowledge and go somewhere else.


TSK! TSK! TSK! Do not insult anybody, just say "OK" and walk out the door never to return.;)