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Old 05-03-2019, 1:16 PM
Chewy65 Chewy65 is offline
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Quote:
CA PC 28220 (f)(4) If the department is unable to ascertain the final disposition of the arrest or criminal charge, or the outcome of the mental
health treatment or evaluation, or the purchaser's eligibility to purchase a firearm, as described in paragraph (1), within 30 days of the dealer's original submission of purchaser information to the department pursuant to this section, the department shall immediately notify the dealer and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer's recording on the register or record of electronic transfer the date that the firearm is transferred, the dealer signing the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser signing the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her.
Dvrjon didn’t get into statutory construction for good reason. Statutory interpretation is not done absent ambiguity. The legislature is presumed to know how to make itself clear That the legislature made it abundantly clear that a dealer may not deliver where there is no compliance with registry requirements fails to otherwise limit the dealer’s exercise of discretion. Had the legislature wished to so limit that discretion, it would say “must” and not “may”.
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