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View Full Version : 30 day wait rule. When does it start?


Vin496
04-14-2008, 12:33 AM
Am I correct in thinking that the 30 days starts the day you begin your DROS? So when you pickup you handgun you have 20 days left till you can make another purchase.

If I am right with the above statement, is it possible to purchase a handgun 10 days before the end of the 30 days, so the gun can be DROSed and ready for pickup the day after the 30 days.

Or is the rule a Hard, you cannot start the DROS till 30 days after you started your last DROS.

Hope this isn't too confusing. The rules out here can be a bit much to a Texas Boy.

leelaw
04-14-2008, 12:46 AM
It starts the day, hour, minute and second your DROS is submitted to MCI.

It is printed at the top of your DROS.

You may DROS only ONE handgun per THIRTY 24-hour periods, unless you have an exemption.

You may DROS one handgun, but must wait thirty 24-hour periods before DROSing the second handgun, after which time, you must wait ten 24-hour periods before you can pick it up.

From the DROS of the first handgun, the EARLIEST you can pick up your second handgun is 40 24-hour periods from the second the first handgun is DROSed. (this excludes PPT, which is exempt from the one-in-thirty-days requirement)

Vin496
04-14-2008, 12:51 AM
Thank you.

And you learn something new everyday, I will check out my last DROS for the info at top.

Hk996
04-14-2008, 1:11 AM
just buy used.... then you are excempt

hawk1
04-14-2008, 8:46 AM
just buy used.... then you are excempt

Really? You know you are wrong? Used can also be caught up in the 30 day rule? New, used, doesn't make a difference. If it is not done by private party transfer (or exempt) then it will fall under the 30 day rule. If it comes from dealer stock (new or used), if it is shipped from one FFL to another it will fall under the 30 day rule as well.

4D5auto
04-14-2008, 9:19 AM
Really? You know you are wrong? Used can also be caught up in the 30 day rule? New, used, doesn't make a difference. If it is not done by private party transfer (or exempt) then it will fall under the 30 day rule. If it comes from dealer stock (new or used), if it is shipped from one FFL to another it will fall under the 30 day rule as well.



Exempt from the 30 days when buying on consignment So, you can buy 10 consigned guns in one day and DROS them all at the same time and pick them all up 10 days later.

New or used or PPT is 30 days.

Now what's interesting, a consigned weapon is still a PPT, just going thru- a dealer...

Vin496
04-14-2008, 9:41 AM
New or used or PPT is 30 days.

See this is what is so confusing out here, Everyone has a different idea of what the law is.

I thought there was no limit on PPT(of course the 10 day still applies), or unless it is shipped from somewhere to your local FFL, but then the below rule applies.

The 30 day only applies to a purchase from a FFL whether it be a used gun, a new gun, or even a transfered from out of state gun(new or used), right?

You think you have this all down, then someone always throws out some new info.

4D5auto
04-14-2008, 9:53 AM
See this is what is so confusing out here, Everyone has a different idea of what the law is.

I thought there was no limit on PPT(of course the 10 day still applies), or unless it is shipped from somewhere to your local FFL, but then the below rule applies.

The 30 day only applies to a purchase from a FFL whether it be a used gun, a new gun, or even a transfered from out of state gun(new or used), right?

You think you have this all down, then someone always throws out some new info.

LOL, Know what ya mean.. You are correct, "The 30 day only applies to a purchase from a FFL whether it be a used gun, a new gun, or even a transferred from out of state gun(new or used), right?"

If it is used, that typically means a dealer has taken the weapon in on trade or has bought it from a PP and re sells it again, the the 30 days is still in effect. Consignment is a different animal, it's basically exempt from the 30 day rule.

What do you expect, it's CA, LOL

4D5auto
04-14-2008, 9:57 AM
Example:

I bought a Springfield XD 45, new, went down to the end of the counter and bought a Kimber Ultra Carry that was on consignment. Picked them both up, 10 days later.

You can only buy one new, used or PPT every 30 days, unlimited on consigned weapons. If you want more than one new, used or PPT all at the same time, you then have your spouse do at least one of the new, used or PPT.

rbgaynor
04-14-2008, 10:09 AM
Example:

I bought a Springfield XD 45, new, went down to the end of the counter and bought a Kimber Ultra Carry that was on consignment. Picked them both up, 10 days later.

You can only buy one new, used or PPT every 30 days, unlimited on consigned weapons. If you want more than one new, used or PPT all at the same time, you then have your spouse do at least one of the new, used or PPT.

PPT (private party transfers) are exempt from the 30 day rule.

mymonkeyman
04-14-2008, 10:15 AM
PPTs are what are exempted from the statute. Consignments are exempted because they are PPTs.

Roccobro
04-14-2008, 11:11 AM
You can buy as many NEW guns from an FFL as you want or can afford.

But you can NOT get each one into your possession faster than 30 24hr periods apart unless the exemptions above apply.

My FFL loves it when I do this (for whatever reason) as he gets the sales right now, and then gets a little more in frees for each DROS CA requires 30 days apart. Oh well.

Justin

4D5auto
04-14-2008, 11:57 PM
PPT (private party transfers) are exempt from the 30 day rule.

That is not what the shop tells me where I buy from. A PPT is considered a used gun, therefore the 30 day is in effect. The wording of a Consigned gun, plays a different role, why? I have no clue other than it's CA!!!!:eek: Just going on my personal experience. More FUD??? Maybe!

leelaw
04-15-2008, 12:06 AM
That is not what the shop tells me where I buy from. A PPT is considered a used gun, therefore the 30 day is in effect. The wording of a Consigned gun, plays a different role, why? I have no clue other than it's CA!!!!:eek: Just going on my personal experience. More FUD??? Maybe!

Your FFL is wrong.

A PPT is expressly exempt from the one-handgun-in-30-days law.

Whether it is considered "used" or "NIB" or "unused" or whatever, if it is DROSed as a PPT, it is EXEMPT.

ETA: just to add in case you require a citation before believing it:

http://ag.ca.gov/firearms/pubfaqs.php#22
Is there a limit on the number of handguns that I can own or purchase?

While no limitation exists for the number of handguns that you may own, you are generally limited to purchasing no more than one handgun in any 30-day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and certain other specific circumstances are exempt from the one-handgun-per-30-day limit.

(PC section 12072(a)(9))


Now you can educate your FFL and stop spreading his FUD.

thegratenate
04-15-2008, 5:52 AM
My experience was that the dealer sold me a used gun off the shelf that had come from his own safe, less than thirty days from me buying a new gun. He handed his ID to the employee filling out the paper work and reminded her to make fill it out as PPT. I asked about it and they explained that the thirty days only applied to new guns.

But the rules are so complicated and poorly written that I can understand dealers turning down certain types of business in the hopes of simplifying their own lives.

tenpercentfirearms
04-15-2008, 6:08 AM
Why must people spread FUD? I guess because they do not know any better.

Here are the absolute correct answers.

Any handgun purchased directly from a dealer (not by consignment) by a non-licensed individual cannot be DROSed within thirty 24 hour periods of the last handgun they bought in the same manner. As was stated, it doesn't matter if it is new or used.

Exempt handguns are PPTs of any type. Exempt people are LEOs, C&R holders with COEs (the hand guns do not have to be C&R), and a few others.

You cannot start DROS within that thirty 24 hour period or it will be rejected and you will lose $25.

Do not think of this as you can DROS 20 days after you pick up, because you might not pick up on the 10th day. Everything should be calculated as thirty 24 hour periods from DROS start.

My experience was that the dealer sold me a used gun off the shelf that had come from his own safe, less than thirty days from me buying a new gun. He handed his ID to the employee filling out the paper work and reminded her to make fill it out as PPT. I asked about it and they explained that the thirty days only applied to new guns.

But the rules are so complicated and poorly written that I can understand dealers turning down certain types of business in the hopes of simplifying their own lives.LOL. I would have to check, but the ATF might have an issue with that.

The rules are not complicated if you study them and there is no need for a dealer to turn down any certain types of busienss in the hopes of simplifying their lives. You just have to know what you are doing and life really isn't that hard.