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  #1  
Old 01-21-2018, 9:38 AM
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Default Off-roster firearm for evaluation

Hypothetically, if a member of the press was asked by a manufacturer to evaluate and write up an off-roster firearm, is there any way to lend it to that person in CA?


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Old 01-21-2018, 10:01 AM
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I believe it would have to go through an FFL as per PC27880
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  #3  
Old 01-21-2018, 10:12 AM
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I believe there is an exemption in the CA PC to allow for that, but you would have to look at it to find out what the requirements actually are.
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Old 01-21-2018, 10:30 AM
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Yes. Please refer to Penal Code section 27750 to see if your situation qualifies.
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Old 01-21-2018, 10:32 AM
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Quote:
Originally Posted by ronlglock View Post
Hypothetically, if a member of the press was asked by a manufacturer to evaluate and write up an off-roster firearm, is there any way to lend it to that person in CA?


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First, define “member of the press”

I know a person who gets guns from manufacturers, uses them for evaluations and writes or does a video on them and returns them to the manufacturer.

The key component is that they were a “part time employee of a gun store” figuratively.

The firearm came into the FFL, was used for demo and evaluation and returned to the FFL where it was then sent back to the manufacturer.
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Old 01-21-2018, 10:35 AM
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Quote:
Originally Posted by ronlglock View Post
Hypothetically, if a member of the press was asked by a manufacturer to evaluate and write up an off-roster firearm, is there any way to lend it to that person in CA?
That member of the press would need a valid COE and need documentation establishing their business relationship with firearm manufacturer.
(what's required to be considered a "consultant-evaluator")

The firearm requires a 4473/DROS for the loan.
^ this loan is exempt from 10 day wait and 1 in 30 day wait for handguns. [PC 27750(a)]
^ if firearm is handgun, then it can be off-Roster. [PC 32110(j)]


Penal Code 16410
As used in this part, “consultant-evaluator” means a consultant or evaluator who, in the course of that person’s profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710.

Penal Code 27750
(a) Section 27540 does not apply to the loan of an unloaded firearm to a consultant-evaluator by a person licensed pursuant to Sections 26700 to 26915, inclusive, if the loan does not exceed 45 days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall provide the following information, which the dealer shall retain for two years:
(1) A photocopy of a valid, current, government-issued identification to determine the consultant-evaluator’s identity, including, but not limited to, a California driver’s license, identification card, or passport.
(2) A photocopy of the consultant-evaluator’s valid, current certificate of eligibility.
(3) A letter from the person licensed as an importer, manufacturer, or dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, with whom the consultant-evaluator has a bona fide business relationship. The letter shall detail the bona fide business purposes for which the firearm is being loaned and confirm that the consultant-evaluator is being loaned the firearm as part of a bona fide business relationship.
(4) The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned.

Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(j) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.
(k) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where it was initially delivered pursuant to subdivision (j).
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Last edited by Quiet; 01-21-2018 at 10:43 AM..
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  #7  
Old 01-21-2018, 11:41 AM
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Default Off-roster firearm for evaluation

I’ll read the PC, but from these responses it looks like this hypothetical person just needs a COE and a letter from the manufacturer stating that they’re going to be evaluating the firearm for a magazine.


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Last edited by ronlglock; 01-21-2018 at 12:11 PM..
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  #8  
Old 01-21-2018, 11:54 AM
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They also need a CA DOJ COE, as well as: "The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned."

Basically, go through each item and ensure that it is being met.
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