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  #1  
Old 06-02-2017, 7:47 PM
sourcore sourcore is offline
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Default Smith & Wesson model 39-2?

I have a chance to get my hands on a stunning Smith & Wesson 9mm model 39-2 from 1975 for a great price. Only issue is that its coming from out of state. I have an older one (from the 60s) already, but I bought it from a shop here. My question is, its off roster, am I able to purchase it and send it to my FFL?

Also is there anything about older pistols that are no longer on the roster that can still be transferred to Cali?

Last edited by sourcore; 06-02-2017 at 8:00 PM..
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  #2  
Old 06-02-2017, 9:52 PM
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Quiet Quiet is offline
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All handguns must be listed on the Roster of Handguns Certified for Sale or be exempt from it.

C&R handguns are exempt from it.
In order to be considered a C&R, it must be listed as a C&R by the BATFE or it must be 50 or more years old.

Therefore...
Since the S&W Model 39-2 that was made in 1975 is less than 50 years old, it is not a C&R and not exempt from the requirement needing to be listed on the Roster of Handguns Certified for Sale.

This means a CA FFL dealer can not legally transfer it to you, unless you qualify for another type of exemption (LEO sale, PPT, out-of-state intra-familial gift).

Bottom line... If you are not a LEO, then if you buy it, it can not be legally transferred to you.
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  #3  
Old 06-05-2017, 7:03 AM
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starlet4ag starlet4ag is offline
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Is it possible to have a shop turn it into a single action and then do the ppt.
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  #4  
Old 06-05-2017, 7:23 AM
P5Ret P5Ret is offline
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Quote:
Originally Posted by starlet4ag View Post
Is it possible to have a shop turn it into a single action and then do the ppt.
The Smith and Wesson 39 is an autoloader, so single action exemption isn't possible.
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  #5  
Old 06-09-2017, 12:08 PM
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dfletcher dfletcher is offline
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Quote:
Originally Posted by sourcore View Post
I have a chance to get my hands on a stunning Smith & Wesson 9mm model 39-2 from 1975 for a great price. Only issue is that its coming from out of state. I have an older one (from the 60s) already, but I bought it from a shop here. My question is, its off roster, am I able to purchase it and send it to my FFL?

Also is there anything about older pistols that are no longer on the roster that can still be transferred to Cali?
If the person who is out of state happens to be qualifying family you may be able to use the intrafamilial transfer exemption for off roster handguns. I've always found this transfer interesting as there doesn't seem to be specific guidelines for the documentation required to demonstrate the exemption is valid. It's always struck me as the equivilent of the old "Welcome Back Kotter" joke about Epstein being out sick, in which the excuse note was signed ...... "Epstein's Mother".
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  #6  
Old 07-04-2017, 10:45 AM
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Librarian Librarian is offline
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Gentlemembers, please recall that this forum, How CA Laws Apply to/Affect Me, has a tighter focus on its purpose: help folks obey the law as it is. Comments peripheral to that purpose are discouraged.
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  #7  
Old 06-19-2018, 3:46 PM
ReddingShooter ReddingShooter is offline
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i know this is an old thread, but ill comment anyway

i had a LONG discussion with my DOJ rep a few days ago ( as many on here know, i am a licensed dealer) so after seeing this thread i thought id pass along the info.

in california, unless you have a C&R ( which honestly isnt really worth the paper its printed on IN MY PERSONAL opinion that is) there is NO SUCH THING as a "C&R" handgun in the state of california, period. ALL handgun transfers MUST be completed thru a licensed FFL (NOT A C&R) and must be DROS'ed.

as an individual,you can NOT buy a C&R handgun from out of state and import it into the state of california (dosnt apply to C&R holders) as they arent rostered.

as far as the interfamiliar transfer" comment. that is only valid under certain circumstances, and even then, unless your relative that qualifies comes to CA in PERSON a dros can NOT be done.

also remeber, if you are caught carrying an unregistered handgun within the state concealed and it isnt registered to you, it is a FELONY.

Last edited by ReddingShooter; 06-19-2018 at 3:49 PM..
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  #8  
Old 06-19-2018, 3:58 PM
DEPUTYBILL DEPUTYBILL is offline
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I was under the impression that if it was on the federal C&R list, or 50 years or more old it could be imported into California to an FFL dealer and sold as a roster exempt firearm.
Am I incorrect?
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  #9  
Old 06-19-2018, 4:06 PM
DEPUTYBILL DEPUTYBILL is offline
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The top page of the roster web site on the Ca. DOJ says that private party, consignment, C&R firearms, certain single action and pawn transfers are roster exempt
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