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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-13-2010, 8:10 AM
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Default Question about the history of DROS and FFL's.

I remember when you could buy any rifle you wanted without a background check or a waiting period with just your drivers license. When and why did this all change?

When I lurk in other forums, some people infer that buying guns in their state is pretty much cash and carry. Is there a DROS system in other states?

EDIT
What if person A bought a pistol in California, moved to another state (such as Florida, or any other state in the Deep Dirty South), and sold it to a resident over there in the late nineties?


I just don't understand how laws like the ammo ban can be passed without notifying people. I still talk to a lot of folks who never even heard about it.
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Last edited by himurax13; 01-13-2010 at 1:04 PM..
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Old 01-13-2010, 11:19 AM
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For your hypothetical scenario of interstate commerce regarding firearms, note that it has been regulated since at least 1968: Gun Control Act of 1968

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The Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213 (also known as GCA or GCA68, and codified as Chapter 44 of Title 18, United States Code) is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.
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Old 01-13-2010, 12:00 PM
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I remember when you could buy any rifle you wanted without a background check or a waiting period with just your drivers license. When and why did this all change?

Most states use only the federal instant backround check. Anybody outside of CA will not know what a DROS is.
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Old 01-13-2010, 12:06 PM
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Until 1991 you could buy rifles without DROS etc. in CA.
And until then you could buy directly from private parties without paperwork or FFL intervention.

You just went into a shop, filled out the 4473 and paid your bill.

I remember buying an AK that way in 1986... the good ol' days.
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Old 01-13-2010, 12:14 PM
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Quote:
Originally Posted by bwiese View Post
Until 1991 you could buy rifles without DROS etc. in CA.
And until then you could buy directly from private parties without paperwork or FFL intervention.

You just went into a shop, filled out the 4473 and paid your bill.

I remember buying an AK that way in 1986... the good ol' days.
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Old 01-13-2010, 12:45 PM
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I too have wondered about intrastate buying,,,, I'm no lawyer,,, California Penal Code

PC 12072 section D
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through either of the following:
(1) A licensed firearms dealer pursuant to Section 12082.
(2) A law enforcement agency pursuant to Section 12084.

PC 12082
ABSTRACT: All private party sales or transfers of any firearms, except antiques, replicas of antiques that do not fire fixed ammunition and curio/relic rifles and shotguns that are at least 50 years old, must be conducted through a licensed dealer or the sheriff's department (in counties of less than 200,000 population) and must include a 10-day waiting period and background check for buyers or transferee. Does not apply to sales or transfers between immediate family members, although notification must be provided to the State Department of Justice within 30 days if the firearm is a handgun (12078(c)), sales to non-residents of California who have a Federal Firearms License (FFL) (12078(c)), or to transfers or rifles and shotguns at non-profit organization events (12078(g)). Other exceptions are described in Section 12001.

PC 12084
ABSTRACT: All private party sales or transfers of any firearms, except antiques, replicas of antiques that do not fire fixed ammunition and curio/relic rifles and shotguns that are at least 50 years old, must be conducted through a licensed dealer or the sheriff's department (in counties of less than 200,000 population) and must include a 10-day waiting period and background check for buyers or transferee. Does not apply to sales or transfers between immediate family members, although notification must be provided to the State Department of Justice within 30 days if the firearm is a handgun (12078(c)), sales to non-residents of California who have a Federal Firearms License (FFL) (12078(c)), or to transfers or rifles and shotguns at non-profit organization events (12078(g)). Other exceptions are described in Section 12001.

Ref views are from http://www.calgunlaws.com/
Produced by http://www.michelandassociates.com/
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Old 01-13-2010, 1:04 PM
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Hmm, it seems as though I was not clear on the hypothetical situation.

What if person A bought a pistol in California, moved to another state (such as Florida, or any other state in the Deep Dirty South), and sold it to a resident over there in the late nineties?
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Old 01-13-2010, 1:13 PM
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Quote:
Originally Posted by himurax13 View Post
I just don't understand how laws like the ammo ban can be passed without notifying people. I still talk to a lot of folks who never even heard about it.
Laws change and new laws are added every year; all changes and additions are available to the public in various mediums (some even have an opportunity for public comment and input, such as in regulations). People should be more involved in their government.

As an quick aside, CGF & CGN distributed almost 100,000 pieces of information about AB962 throughout the state prior to the Governor signing it into law.
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Old 01-13-2010, 1:15 PM
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Quote:
Originally Posted by himurax13 View Post
Hmm, it seems as though I was not clear on the hypothetical situation.

What if person A bought a pistol in California, moved to another state (such as Florida, or any other state in the Deep Dirty South), and sold it to a resident over there in the late nineties?
The hypothetical transaction would be subject to the laws of the state in which Person A and the buyer then resided.
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Old 01-13-2010, 1:17 PM
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Quote:
Originally Posted by himurax13 View Post
Hmm, it seems as though I was not clear on the hypothetical situation.

What if person A bought a pistol in California, moved to another state (such as Florida, or any other state in the Deep Dirty South), and sold it to a resident over there in the late nineties?
If person A actually MOVED to the other state and wasn't jst visiting, no problem. If the person who bought the gun and the person who sold the gun followed the laws of the state in which they resided, then everything would be legal.
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Old 01-13-2010, 2:10 PM
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It took me less than 15 minutes to buy my first rifle when I lived in Missouri.

I was on the range about 30 minutes later.

As a new resident to CA I find the DROS and 10 day wait to be highly annoying. Ten days is just excessive, especially on long guns.
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Old 01-13-2010, 5:56 PM
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See also http://wiki.calgunsfoundation.org/in..._Firearms_Laws
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The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

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Old 01-13-2010, 6:38 PM
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Why did it change? Patrick Purdy. The rifle he used to shoot up a Stockton school yard was purchesed with out a background check. The legislature "fixed" that.
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