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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 09-26-2007, 2:13 PM
popgun popgun is offline
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Default CA 10 day waiting period question?

I recently purchased a used handgun 9 days ago, and tomorrow my ten day waiting period will be up. However I was told that due to a new business taking over the shop where I had purchased this handgun, that I would be required to reregister this gun all over again? My question relates to whether or not, since tomorrow would be when my ten day waiting period is up, if I would have to wait another ten days before I could pick up this gun-or, if I should be able to pick this gun up tomorrow after reregistering it again? To me, it wouldn't seem to be fair to have to wait another ten days-just due to a technicality of a business ownership name change?
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  #2  
Old 09-26-2007, 2:25 PM
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Interesting; so the shop changed ownership during the 10 day wait?

Huh.

I have absolutely no idea, and I'm sure someone will be able to give you a definitive answer pretty quickly, but maybe it has to do with the new owners having a new FFL?
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  #3  
Old 09-26-2007, 3:05 PM
N6ATF N6ATF is offline
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I thought the FFL was issued to a person (non-trans), not a business. Could you get in touch with the FFL that did your DROS and ask him/her to finish the process for you, since it was negligent to not mention this?
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Old 09-26-2007, 3:37 PM
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This was a gun shop that evidently had a change of ownership in progress at the time I had purchased my handgun 9 days ago. I had contacted this shop to indicate that I would be picking up my handgun tomorrow which would be the end of the 10 day waiting period. Then, they told me that the CADOJ was requiring all guns not picked up as of last Friday, to be reregistered! This gun shop said that they will be paying all of these secondary reregistration fees for their customers and they were sorry that this had happened-due to a technicality because of their business ownership change! Now, they didn't yet, tell me that I couldn't pick up my handgun tomorrow-after I have reregistered this handgun again in compliance of what I had been told to do! However, I live about a 90 mile round trip from this gun shop and I wanted to try to obtain an answer from this Forum, just in case I might have the right to pick up my handgun tomorrow-and, I could then be well enough informed to dispute this if I'm denied any right to pick up this handgun? The new owners of this shop are nice people-but, I just wanted to be prepared before I drive there tomorrow(Hopefully)to be able to pickup my handgun?

Last edited by popgun; 09-26-2007 at 3:41 PM..
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  #5  
Old 09-26-2007, 5:04 PM
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Sounds a bit like BS to me. I'd call the DOJ and ask them.

If nothing else, that shop needs to comp you for your lost time and pay for the re-do on the DROS. If they do anything less, get a refund and walk out on their sorry butts. That's no way to do business.
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  #6  
Old 09-26-2007, 5:09 PM
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If they re-run the DROS you will have to wait another 10 days... the other DROS has probably already been cancelled (the shop has a right to do that) so you are SOL.

Go in ASAP and start the new DROS and 10 day wait or ask for a refund and buy it elsewhere.
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Old 09-26-2007, 5:14 PM
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Ask for a refund and do it elsewhere. Any legitimate business would offer apologize and offer to do the transaction for free, for having messed up like this.
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Old 09-26-2007, 5:17 PM
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Originally Posted by CCWFacts View Post
Ask for a refund and do it elsewhere. Any legitimate business would offer apologize and offer to do the transaction for free, for having messed up like this.
They did all that.

He is complaining that he has to wait another 10 days. At this point, all the b**ching and complaining in the world wont change that.
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  #9  
Old 09-26-2007, 5:36 PM
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He also has to drag his butt down to the shop (a 90 min drive) to start the DROS, then do it again to pick up. The person he should be upset at is the previous owner who either didn't have the sense to not start new DROS the last 10 days, or was enough of a pr#$k to do it even when he knew it was sketchy. The new owners are losing money here, when the old owner should be paying for DROS. They are doing the right thing. The old owner should be (figuratively) tarred and feathered.
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  #10  
Old 09-26-2007, 7:30 PM
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Would it make any difference regarding the additional 10 day waiting period due to the fact that the revolver I'm buying is of 1918 vintage-or 89 years old and in an obsolete caliber?
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Old 09-26-2007, 11:30 PM
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Quote:
Originally Posted by N6ATF View Post
I thought the FFL was issued to a person (non-trans), not a business. Could you get in touch with the FFL that did your DROS and ask him/her to finish the process for you, since it was negligent to not mention this?
No, FFLs are issued to business entities as well as individuals and as such are transferable. My FFLwas issued to Fort Courage Armory, Inc. My wife and I (as corporate officers) are the responsible parties on the FFL, but the FFL belongs to the corporation. I can sell the entire corporation tomorrow and turn the FFL over to the new owners. They would have to go through all the same background checks, fingerprintings and permit processes we had to when we opened, but the FFL would then belong to them. The new corporate officers would be the responsible parties.

If DOJ is requiring all firearms not picked up by a certain date to be re-DROS'd, I'd bet the company name changed. So, instead of Fred's Gun Shop selling the pistol to you, you would now be getting it from Sam's Armament Corp. for example. Perfectly logical....but a royal pain in the *****, to be sure. Once the old gun store "name" goes out of business, all of their records, 4473s and the like get shipped to ATF. It would look like DOJ is trying to make a clean break from the old company to the new one. Just my opinion.
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  #12  
Old 09-27-2007, 12:25 AM
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Quote:
Originally Posted by popgun View Post
Would it make any difference regarding the additional 10 day waiting period due to the fact that the revolver I'm buying is of 1918 vintage-or 89 years old and in an obsolete caliber?
If its 50 years old or older it is a C&R and can be bought and sold in the Walmart parking lot and its perfectly legal... no FFL required... no 10 day wait... nada.
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The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
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12050[CCW] licenses will be shall issue soon.

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  #13  
Old 09-27-2007, 5:10 AM
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I am pretty sure you are going to have to start a new 10 day period. I would ask where your old DROS documents are and request that they use those forms to start your DROS since you live so far away. As a new FFL they will probably say no, but knowing what I know now, that is what I would do. No way would I make you drive that distance again, but that is because I have been in the business for two years now.

They did the right thing paying for all new fees. Ask for some ammo too while you are in there and if they are worth a lick of salt, they will take good care of you for the extra trouble.

I wouldn't jump all over the dealers for this one. It is no doubt the DOJ who is telling them everything gets started over. The business is just doing what they were told was right in order to stay out of trouble. Thank California for this mess, not the dealer.

Second, of course the old dealer isn't going to tell you that they are selling the business, all fault here lies with them, not the new owners.
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  #14  
Old 09-27-2007, 5:43 AM
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I don't know the answer so I'm just asking, since the DROS starts when you purchase the gun, could the new owners back date the new DROS paperwork to the original purchase date and still pick up the gun as scheduled? I'm guessing the DOJ wants the new owners to do the DROS since they are the ones releasing the gun and there's no reason for popgun to wait another ten days.
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  #15  
Old 09-27-2007, 6:14 AM
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Quote:
Originally Posted by E Pluribus Unum View Post
If its 50 years old or older it is a C&R and can be bought and sold in the Walmart parking lot and its perfectly legal... no FFL required... no 10 day wait... nada.
This would be true for rifles, but the OP is buying a revolver and would still have to DROS it in CA.
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Old 09-27-2007, 7:38 AM
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Quote:
Originally Posted by rod View Post
I don't know the answer so I'm just asking, since the DROS starts when you purchase the gun, could the new owners back date the new DROS paperwork to the original purchase date and still pick up the gun as scheduled? I'm guessing the DOJ wants the new owners to do the DROS since they are the ones releasing the gun and there's no reason for popgun to wait another ten days.
If we assume that the ownership changed, possibly with a name change on the FFL holder, AND the new shop starting their records fresh, you can't do this. Having a DROS starting on a date before you became an FFL holder is just waving a big red AUDIT ME flag all over it.
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Old 09-27-2007, 10:46 AM
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Quote:
Originally Posted by timmy8151 View Post
This would be true for rifles, but the OP is buying a revolver and would still have to DROS it in CA.
This is correct!!!
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