PDA

View Full Version : 1 handgun per 30 days


furryrabbit
11-13-2006, 08:51 AM
Does the one handgun per thirty days start from the DROS date or pickup date?

tenpercentfirearms
11-13-2006, 08:59 AM
You have 30 twenty-four hour periods from DROS start until you can start another handgun. You can actually DROS another new handgun in that time, but it will get rejected and you will have wasted $25, so be sure you know when to start again.

Private party transfers are exempt from the 30 day handgun limit.

califcowboy
11-13-2006, 09:18 AM
The best way to get around that is to buy used guns PPT.

bg
11-13-2006, 09:37 AM
You have 30 twenty-four hour periods from DROS start until you can start another handgun. You can actually DROS another new handgun in that time, but it will get rejected and you will have wasted $25, so be sure you know when to start again.

Private party transfers are exempt from the 30 day handgun limit. Exactly what happened to me. I got nailed in Jan of 2000.
Had forgotten the bogus 30 day rule. Had to DROS's
twice and the gun shop I was dealing with was high.
35.00 each deal. Wilson's GunWorld in San Bernardino
when Jerry was still around, but I COULDN't let a 1978
NIB 6" Colt Python get by..;)

five.five-six
11-13-2006, 09:46 AM
ok so I just bought a new 1911 15 days ago can I buy one ppt today?

ohsmily
11-13-2006, 09:54 AM
ok so I just bought a new 1911 15 days ago can I buy one ppt today?

Someone already posted above that PPTs are exempt from the 30 day period...so OF COURSE you can PPT one today!!!

tenpercentfirearms
11-13-2006, 10:44 AM
Or get a COE and a C&R, then you are completely exempt from the 30-day limit (even for recent, non-C&R handguns).
Explain that one for us with relevant sections.

zinfull
11-13-2006, 11:05 AM
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.


Jerry

hdcd
11-13-2006, 11:50 AM
This post is a placeholder - I'm in a meeting now, and don't have time to read up on it. In the meantime, please look for a post by Dr. Lunde (username is lunde, I think), where he explains how this works. Also look at the FAQ at the DoJ website - after Dr. Lunde figured out the legal situation, he managed to push the DoJ to admit that having a COE and a C&R does indeed exempt one.

I'll edit this post sometime later today, and add quotes from the relevant law.

You will also need to find a gun shop that will honor this..

hoffmang
11-13-2006, 12:46 PM
For those of you who want to get your 03 FFL:
http://members.cox.net/cruffler/ffl.html

-Gene

tenpercentfirearms
11-13-2006, 01:31 PM
Thanks Treelogger. I think I remember actually learning this a few months ago, but I forgot about it. If someone reminded me, I would honor it. In fact if it helps any of you, here is what I would tell a dealer.

"Here are the relevant sections, so you know this is legal. Tell you what. I will put down my non-refundable DROS fees and if the DOJ rejects it, then you keep the money. If they don't, then you know it is legal because otherwise they would have rejected it."

Basically any smart gun dealer will take your money and do the DROS because they understand the DOJ rejects the multiple DROSes outside of the DOJs control. If you put it to a gun dealer like that, I don't see why someone would say no. :confused:

zinfull
11-13-2006, 02:09 PM
Before you have him send in the DROS you have to make sure he/she marks the correct section. If they use "collector" not "30 day exemption"(or something like that) in the exemption box you will be rejected by the DOJ on a multipule modern handgun purchase. If it is a C&R then you can get away with more than one a month as a "collector" exemption. Always use the multiple exeption when possible. The DOJ informed me that it is up to the dealer to verify you are excempted from this requirement.

Jerry

xenophobe
11-13-2006, 02:27 PM
Explain that one for us with relevant sections.

Well, the current section has been posted.

How to DROS C&R FFL + COE

If the purchaser has a C&R FFL and COE, on the primary DROS Entry Screen, under "Waiting Period Exemptions":

When submitting a handgun DROS, you select "30 day multiple purchase exemption"... which obviously lets someone DROS more than one handgun per month.

For C&R long guns, you select "collector", and the 10 day waiting period is waived and the long guns may be delivered that day. Remember, C&R firearms must still be DROSed if they are in-store PPT, FFL transfer, consignment, special order or dealer inventory, even if the purchaser has a C&R FFL and COE.

tenpercentfirearms
11-13-2006, 02:51 PM
Ok, I am a little confused now. Do I start the DROS under "Handgun Dealer Sale" or under "curio/releic/olympic pistol/exempt"? I see the "30 day multiple purchase exempt" in both screens. Which one do I do in this particular case?

EOD Guy
11-14-2006, 06:46 AM
Zin, doesn't that apply to C&R firearms (handguns) only?


No, the Penal Code section give a blanket exception. It doesn't limit it to C&R handguns.

xenophobe
11-14-2006, 08:14 AM
Ok, I am a little confused now. Do I start the DROS under "Handgun Dealer Sale" or under "curio/releic/olympic pistol/exempt"? I see the "30 day multiple purchase exempt" in both screens. Which one do I do in this particular case?

It depends on what the pistol is. If it's in the roster, you do a standard handgun DROS. If it is C&R or SB-15 exempt, then you use that selection. In either case, a C&R/COE holder would get the "30 day multiple purchase exemption".

chiefcrash
11-14-2006, 11:34 AM
from the actual law text:

PC 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:
(i) Any law enforcement agency.
...
(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.
(i know it was already posted, but i figure this question gets raised enough, it might be useful to have it up quite a few times)

you can get out of the 10 day wait on C&R GUNS ONLY, but there's no C&R stipulation put on the 30 handgun a month exemption...

of course, getting a C&R and a COE is kind of a pain in the *** (highly recomend the C&R though)

tenpercentfirearms
11-14-2006, 02:57 PM
Duh, thanks Xeno.

VeryCoolCat
11-14-2006, 03:05 PM
We all know people who sell handguns illegally on the street would go through the effort of applying for a C&R and a COE. :D

I hope the DOJ didn't make a mistake here because this is one of the few things they have done that makes partial sense.