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  #1  
Old 11-22-2011, 4:45 PM
jcaoloveshine jcaoloveshine is offline
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Default Does 1 handgun per 30 days apply to private party shipped to dealer transfers?

Will this rule still apply or is it exempt?

Private party ships to gun dealer in this state, then someone like me picks up the gun. Is that still subject to the 1 in 30 days rule?
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  #2  
Old 11-22-2011, 4:53 PM
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Yes because the person shipping it has to use a dealer so it is essentially a dealer to dealer trade.
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  #3  
Old 11-22-2011, 4:58 PM
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Originally Posted by Socalmedix View Post
Yes because the person shipping it has to use a dealer so it is essentially a dealer to dealer trade.
the person shipping it does not have to use a dealer to ship it, so it can be a person > dealer > person trade, but since the seller did not personally hand-deliver the firearm to the receiving dealer, then CADOJ says that it is not a PPT transfer. Since it is not a PPT transfer, then it is not a transfer that is exempt from the 30-day rule.
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  #4  
Old 11-22-2011, 5:14 PM
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Originally Posted by ke6guj View Post
the person shipping it does not have to use a dealer to ship it, so it can be a person > dealer > person trade, but since the seller did not personally hand-deliver the firearm to the receiving dealer, then CADOJ says that it is not a PPT transfer. Since it is not a PPT transfer, then it is not a transfer that is exempt from the 30-day rule.
Truth. Inherited a number of pistols from out of state. Took 1 month each. California is a stupid place.
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  #5  
Old 11-22-2011, 5:15 PM
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  #6  
Old 11-22-2011, 5:17 PM
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If the person does not use a dealer to ship, the 30 days does not apply.
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  #7  
Old 11-22-2011, 5:26 PM
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Originally Posted by thai562 View Post
If the person does not use a dealer to ship, the 30 days does not apply.
Wrong.
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  #8  
Old 11-22-2011, 5:34 PM
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Originally Posted by thai562 View Post
If the person does not use a dealer to ship, the 30 days does not apply.
very wrong. it doesnt matter who your FFL received it from, all transactions are with them once they have the gun and are subject to all california laws/restrictions
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  #9  
Old 11-22-2011, 5:41 PM
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Quote:
Originally Posted by Bug Splat View Post
Truth. Inherited a number of pistols from out of state. Took 1 month each. California is a stupid place.
Shouldn't have run those through an FFL - both CA and Feds say inherited guns don't need an FFL. See the wiki -- http://wiki.calgunsfoundation.org/in...and_Interstate

And PPT requires that each of seller and buyer personally appear at the same FFL - shipping from seller to another dealer is not a PPT.

PC 28050, in relevant part:
Quote:
(a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
(b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.
Not 'some dealer' or 'any dealer', the dealer.

If it isn't a PPT, it's not exempt unless there's another reason.
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  #10  
Old 11-22-2011, 5:41 PM
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Quote:
Originally Posted by Dan-O View Post
very wrong. it doesnt matter who your FFL received it from, all transactions are with them once they have the gun and are subject to all california laws/restrictions
Right, because your dealer must "log in" each gun there receive so they can then transfer it/and or sell it. Once it's on their books NOT as a PPT, it isn't a PPT. PPT is when both seller and buyer have been in the store and signed the paperwork. (not necessarily at the same time, but not one of then out of state resident.
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  #11  
Old 11-22-2011, 8:04 PM
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Originally Posted by X-NewYawker View Post
Right, because your dealer must "log in" each gun there receive so they can then transfer it/and or sell it. Once it's on their books NOT as a PPT, it isn't a PPT. PPT is when both seller and buyer have been in the store and signed the paperwork. (not necessarily at the same time, but not one of then out of state resident.
Doesn't the FFL have to log in all items they take in possession, then log it out when they transfer it?
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Old 11-22-2011, 8:22 PM
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Originally Posted by mrdd View Post
Doesn't the FFL have to log in all items they take in possession, then log it out when they transfer it?
yup, PPT transfers would be logged into their bound book just about the same way as a shipped in transfer is logged in. The difference between a PPT and a "regular" transfer is in how it it DROSed, not how it is logged into the bound book.
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  #13  
Old 11-22-2011, 9:42 PM
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Quote:
Originally Posted by Librarian View Post
Shouldn't have run those through an FFL - both CA and Feds say inherited guns don't need an FFL. See the wiki -- http://wiki.calgunsfoundation.org/in...and_Interstate

And PPT requires that each of seller and buyer personally appear at the same FFL - shipping from seller to another dealer is not a PPT.

PC 28050, in relevant part:
Not 'some dealer' or 'any dealer', the dealer.

If it isn't a PPT, it's not exempt unless there's another reason.
Not my call. Lawyer in charge of the estate insisted it go through an FFL. It was either use an FFL or they would be destroyed.
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Old 11-22-2011, 9:44 PM
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Originally Posted by Bug Splat View Post
Not my call. Lawyer in charge of the estate insisted it go through an FFL. It was either use an FFL or they would be destroyed.
A lawyer? Obviously he didn't know the laws..

Turby
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  #15  
Old 11-22-2011, 10:13 PM
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Quote:
Originally Posted by Bug Splat View Post
Not my call. Lawyer in charge of the estate insisted it go through an FFL. It was either use an FFL or they would be destroyed.
Wowsers. Given that choice, I guess I'd go with the FFL, but the lawyer was very probably mistaken, if you were a named beneficiary.
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Old 11-22-2011, 10:24 PM
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Quote:
Originally Posted by ke6guj View Post
the person shipping it does not have to use a dealer to ship it, so it can be a person > dealer > person trade, but since the seller did not personally hand-deliver the firearm to the receiving dealer, then CADOJ says that it is not a PPT transfer. Since it is not a PPT transfer, then it is not a transfer that is exempt from the 30-day rule.
Where is the requirement that the seller has to be present to conduct a private party transfer.
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  #17  
Old 11-22-2011, 10:35 PM
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Quote:
Originally Posted by Librarian View Post
Shouldn't have run those through an FFL - both CA and Feds say inherited guns don't need an FFL. See the wiki -- http://wiki.calgunsfoundation.org/in...and_Interstate

And PPT requires that each of seller and buyer personally appear at the same FFL - shipping from seller to another dealer is not a PPT.

PC 28050, in relevant part:
Not 'some dealer' or 'any dealer', the dealer.

If it isn't a PPT, it's not exempt unless there's another reason.
Does "delivery" have to be a personally hand-delivered action by the seller to the dealer to be considered a PPT or can the seller deliver the firearm to the dealer via mail courier and still be considered a PPT.
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  #18  
Old 11-22-2011, 11:15 PM
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Quote:
Originally Posted by comblock View Post
Where is the requirement that the seller has to be present to conduct a private party transfer.
Quote:
Originally Posted by comblock View Post
Does "delivery" have to be a personally hand-delivered action by the seller to the dealer to be considered a PPT or can the seller deliver the firearm to the dealer via mail courier and still be considered a PPT.
We had this in another thread in the last 2 days.

The DROS software is set up to require the seller's Driver License be scanned in. It does not seem that there is statutory authority for that. (There's an implication that it would be needed, because if the sale/buyer is rejected, the gun has to go back to the seller, and before that happens the seller must pass a background check.)

But that requirement effectively makes it mandatory that the seller make a personal appearance.
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Unless there is some way to amend a bill so you would support it,
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Last edited by Librarian; 11-22-2011 at 11:19 PM..
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