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John Browning
01-24-2012, 8:21 PM
I'm totally baffled as to when an FFL 03 holder can and cannot cash and carry a handgun in California. It seems like the state shouldn't be able to further restrict privileges granted by a federal license. Can you all help me understand the law behind these scenarios?

1. I'm a licensed 03, CA resident. I cannot cash and carry a handgun in state, but I can out of state. Why?

2. I'm a licensed 03, non-CA resident. Can I cash and carry a handgun at a CA show?

3. I'm a dual-licensed 03 in NV and CA and a CA resident. Can I cash and carry a handgun in California?

TheExpertish
01-24-2012, 9:04 PM
There is no understanding, only acceptance and supporting changing these asinine laws.

1. CA doesn't want more guns. It's difficult on purpose.
2. No you can't. Laws apply to the state you're in. I agree with that, but feel all states should have some semblance of reason.
3. No, but ship it to NV, and then ship it to yourself, and carry it from your mailbox.

dfletcher
01-24-2012, 9:30 PM
I'm totally baffled as to when an FFL 03 holder can and cannot cash and carry a handgun in California. It seems like the state shouldn't be able to further restrict privileges granted by a federal license. Can you all help me understand the law behind these scenarios?

1. I'm a licensed 03, CA resident. I cannot cash and carry a handgun in state, but I can out of state. Why?

2. I'm a licensed 03, non-CA resident. Can I cash and carry a handgun at a CA show?

3. I'm a dual-licensed 03 in NV and CA and a CA resident. Can I cash and carry a handgun in California?

The C & R is a federally issued license. You can follow federal laws when you are entirely outside of CA - in short, CA hasn't yet figured out a way to screw with you when you, the gun and the deal take place out of state.

You can't cash & carry any C & R eligible firearm from an FFL in CA unless you have a COE.

My favorite - you can buy and receive a C & R long gun through the mail in CA so long as it is over 50 years old; you can not buy & receive a C & R long gun through the mail that is fewer than 50 years old. A 50 year old C & R eligible Winchester 94 goes direct to you, a 49 year old C & R eligible Winchester 94 must go to your FFL dealer.

Mssr. Eleganté
01-25-2012, 12:19 AM
1. I'm a licensed 03, CA resident. I cannot cash and carry a handgun in state, but I can out of state. Why?

Because California law doesn't have any effect on an FFL while they are out of state.

2. I'm a licensed 03, non-CA resident. Can I cash and carry a handgun at a CA show?

Yes, but only if you are acquiring a C&R handgun from a California licensed dealer. Out of state C&R FFLs are exempt from California's DROS and 10 day waiting period when acquiring C&R firearms from California licensed dealers. The problem is, almost no California dealers know about this exemption so you are not likely to find any that will sell to you.

3. I'm a dual-licensed 03 in NV and CA and a CA resident. Can I cash and carry a handgun in California?

Yes, but see #2 above.

morrcarr67
01-25-2012, 6:41 AM
Because California law doesn't have any effect on an FFL while they are out of state.



Yes, but only if you are acquiring a C&R handgun from a California licensed dealer. Out of state C&R FFLs are exempt from California's DROS and 10 day waiting period when acquiring C&R firearms from California licensed dealers. The problem is, almost no California dealers know about this exemption so you are not likely to find any that will sell to you.



Yes, but see #2 above.

Why couldn't you buy from a PP? :confused:

emcon5
01-25-2012, 7:00 AM
Why couldn't you buy from a PP? :confused:

Because:


Legal Research Home > California Laws > Penal Code > California Penal Code Section 28050

(a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
(b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.





Legal Research Home > California Laws > Penal Code > California Penal Code Section 26700

As used in this division, and in any other provision listed
in Section 16580, "dealer," "licensee," or "person licensed pursuant
to Sections 26700 to 26915, inclusive" means a person who satisfies
all of the following requirements:
(a) Has a valid federal firearms license.
(b) Has any regulatory or business license, or licenses, required
by local government.
(c) Has a valid seller's permit issued by the State Board of
Equalization.
(d) Has a certificate of eligibility issued by the Department of
Justice pursuant to Section 26710.
(e) Has a license issued in the format prescribed by subdivision
(c) of Section 26705.
(f) Is among those recorded in the centralized list specified in
Section 26715.

morrcarr67
01-25-2012, 7:50 AM
Because:

I forgot about the whole "dealer" thing. Thanks.