PDA

View Full Version : AB 809 and C&R transactions


vincewarde
10-10-2011, 9:21 PM
Is AB 809 going to put an end to the 50 year old exemption for long guns?

Sorry if this has already been covered, but I could not find it.

GOEX FFF
10-10-2011, 9:27 PM
Here ya go Vince, It's beeing discussed over on the C&R forum.

Main thread.

http://calguns.net/calgunforum/showthread.php?t=487037

End of 50 year rule explanation from Mssr. Eleganté

http://calguns.net/calgunforum/showpost.php?p=7298574&postcount=25

hoffmang
10-10-2011, 9:52 PM
I think there is a little nugget in here of unintended consequences...

Any .50BMG on the C&R list is exempt from the .50BMG ban....

-Gene

Whiterabbit
10-10-2011, 10:06 PM
Now that's interesting.

Are there any C&R 50BMG rifles?

Mssr. Eleganté
10-10-2011, 11:33 PM
Now that's interesting.

Are there any C&R 50BMG rifles?

Not yet, but if we can get Barrett to make a very limited edition 20th anniversary of Gulf War I commemorative M82 rifle, and then get somebody to submit it to ATF to get C&R status...Just slap a mag lock on their and it could be shipped right to your door if you have a C&R FFL and a COE :43:

Librarian
10-11-2011, 12:46 AM
Is AB 809 going to put an end to the 50 year old exemption for long guns?

Sorry if this has already been covered, but I could not find it.

By that do you mean the paperless FTF exemption for 50+ year old long guns?

If so, yes, 809 kills it.

SEC. 44. Section 27965 of the Penal Code is amended to read:
27965. (a) If all of the following requirements are satisfied,
Section 27545 (http://law.onecle.com/california/penal/27545.html) does not apply to the sale, loan, or transfer of a
firearm:
(1) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic manufactured at least 50 years
prior to the current date but is not a replica, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, or its
successor.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

ke6guj
10-11-2011, 6:40 AM
I think there is a little nugget in here of unintended consequences...

Any .50BMG on the C&R list is exempt from the .50BMG ban....

-Gene

not sure what really changed here. C&R .50BMG rifles were already exempt from the ban. They didn't have to be 50-years old.

The only thing this would add is to allow a person with a C&R+COE to acquire a <50-year-old C&R directly, without needing to use a CA dealer.

ke6guj
10-11-2011, 6:41 AM
Now that's interesting.

Are there any C&R 50BMG rifles?I'm pretty sure that ATF lets Boys Rifles that are rebarreled .50BMG to be transfered as C&R.

Whiterabbit
10-11-2011, 8:07 AM
That's the only one that shows up under a google search.

Assuming I don't care if I have to pay for the background check and 10 day waiting period, are you saying I could go to an edge-of-the-law friendly FFL in my area, ask for a 50 BMG C&R status rifle, and purchase it, with or without this new law in effect?

Apocalypsenerd
10-11-2011, 8:10 AM
So we won't be able to get rifles shipped directly to us in 2014 anymore?

ke6guj
10-11-2011, 9:12 AM
That's the only one that shows up under a google search.

Assuming I don't care if I have to pay for the background check and 10 day waiting period, are you saying I could go to an edge-of-the-law friendly FFL in my area, ask for a 50 BMG C&R status rifle, and purchase it, with or without this new law in effect?
yes.

AB809 does not really change this part of the law.

12278. (a) As used in this chapter, a ".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon pursuant to Section 12276, 12276.1, or 12276.5, or a machinegun, as defined in Section 12200.

(c) A ".50 BMG rifle" does not include any "antique firearm," nor any curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.
(d) As used in this section, "antique firearm" means any firearm manufactured prior to January 1, 1899.if it is C&R, then it isn't considered a ".50BMG rifle" for terms of the .50BMG rifle ban, and I think it would be exempt from the .50BMG rifle personal importer ban in AB809 as well.

Whiterabbit
10-11-2011, 9:16 AM
I didn't realize the field of C&R 50 bmg rifles was a very short list indeed.

vincewarde
10-11-2011, 12:28 PM
Here ya go Vince, It's beeing discussed over on the C&R forum.

Main thread.

http://calguns.net/calgunforum/showthread.php?t=487037

End of 50 year rule explanation from Mssr. Eleganté

http://calguns.net/calgunforum/showpost.php?p=7298574&postcount=25

Thanks!

The Bad: C&R's now need to get a COE

The Good: They did not shut us down completely, 50 year limit is gone - we can do any C&R long gun regardless of age - and Heller II may result in the registration being struck down before it takes effect.

hoffmang
10-11-2011, 3:07 PM
The only thing this would add is to allow a person with a C&R+COE to acquire a <50-year-old C&R directly, without needing to use a CA dealer.

But this falls into the category of performance art!

-Gene

Norsemen308
10-11-2011, 4:13 PM
so we will no longer be able to do cash and carries in the state of Ca then?

dantodd
10-11-2011, 4:40 PM
I suspect that Mr. Barrett would be more than happy to do this and, if possible, submit the C&R paperwork to the BATFE by hand, he's not very fond of CA's anti-firearms laws. He would absolutely lice the ability to ship his guns directly to CA residents.

OrovilleTim
10-11-2011, 4:59 PM
so we will no longer be able to do cash and carries in the state of Ca then?

I thought I read that you have to report it as you do handguns at this time. Perhaps someone can clear this up though.

GOEX FFF
10-11-2011, 5:47 PM
so we will no longer be able to do cash and carries in the state of Ca then?

I thought I read that you have to report it as you do handguns at this time. Perhaps someone can clear this up though.

C&C in state between two unlicensed parties would be a no go.

C&C in state would now mean that is it only legal to do so with the buyer being having an 03/FFL+COE. Then upon acquisition, normal bound-book info entered then $19.00 and reg form off to DOJ.
Unlike C&R handguns that must only go to and 01 FFL, the 03/COE combo would be OK for C&R long gun online purchases. Then upon acquisition, normal bound-book info entered then $19.00 and reg form off to DOJ.
And currently like C&R handgun purchases if you purchase out-of-state, bringing back a C&R Long gun would require the $19.00 DOJ reg form and then normal info entered into the bound-book.


By the way the bill is written though it looks like in an in state sale, even the seller in a pvt. party-to-pvt.party has to hold an 03/COE as well.

If I'm reading it right, I'm questioning the legalities of that since someone doesn't have to be licensed to sell their own personal property...only the receiver of the firearm.

Edited for my mistake of interpreting the bill.

hoffmang
10-11-2011, 6:20 PM
I suspect that Mr. Barrett would be more than happy to do this and, if possible, submit the C&R paperwork to the BATFE by hand, he's not very fond of CA's anti-firearms laws. He would absolutely lice the ability to ship his guns directly to CA residents.

He is. We've just all been busy.

-Gene

dantodd
10-11-2011, 6:26 PM
He is. We've just all been busy.

-Gene

I might just be willing to get an 03/COE just for this. I actually have no interet in using an m82 with any regularity but if it gives the Brady Bunch heartburn, I'm all for it. Heck, I might just get it long enough to buy the .50 and then give up the license so I don't have to deal with the bound book forever.

Mssr. Eleganté
10-11-2011, 9:17 PM
...By the way the bill is written though it looks like in an in state sale, even the seller in a pvt. party-to-pvt.party has to hold an 03/COE as well.

If I'm reading it right, I'm questioning the legalities of that since someone doesn't have to be licensed to sell their own personal property...only the receiver of the firearm.

I don't follow you. :confused:

The list of conditions you posted just says the person receiving the firearm needs to have the C&R FFL and the COE.