DOJ recently confused on Intrafamilial Transfers
So we've been doing interstate intrafamilial transfers since...forever basically. We've been doing the 1-30 exemption for them as soon as we found out it was valid to do that. Our first 5-10 no issues.
The last 3 or so CA DOJ seems to be completely confused as to what we're doing. They are telling us to re-DROS as C&Rs. They are asking for COEs. My latest one today the person reaching out to told me to cancel and re-DROS them as "Intrafamilial Transfers". I told them I'd love to do that (sent DES screenshot) if there was an option for it. Have any of you that process these had DOJ recently out in the past 1-2 months completely confused on the type of transaction? Each time DOJ is telling me to cancel and re-do. I tell them no and why. I've not had any issues with my rebuttals, but don't understand why they are only recently confused. This latest one they are telling me on their side it says "C&R" as the type of transaction even though the screenshot I sent them shows I selected "Exempt Handgun". I have no idea how effed up the backend system is. It's quite possible all these records are getting put into the backend differently then what you are seeing on your DES screens if the transaction type is being screwed up. |
We do a lot. Never had the problems you’re describing.
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In the PC I do not see any exemption when going though a dealer. Quote:
Just like they tell people all the time that their parent out of state can just ship them the firearm and they can oplaw it, cause they don't care about federal law. |
Reference here: https://www.calguns.net/calgunforum/....php?t=1058641
On Nov 26 2018 I received this from my DOJ rep: Quote:
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We put the following in our comments: SB 15 EXEMPT - 27870PC INTRAFAMILY TRANSFER, 12133PC ROSTER EXEMPT; OPERATION OF LAW 1-IN-30 EXEMPT |
Call the doj 5 times and ask the same question to 5 different agents, you'll receive 5 different answers. The majority of them don't have an fn clue.. sadly, if you follow their instructions you may potentially find yourself in trouble down the road with zero recourse against them for providing erroneous information
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27875 & 27920 under the "Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction" Section. Section B is for importing into the state that we know is not legally unless the firearm is specifically willed to the person. But the DROS 1 in 30 is different. "No person shall make an application to purchase more than one handgun within any 30-day period." Unless A, B, C, D, ect. I feel you are just getting people who didn't understand the question and tried to come up with an answer. |
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I've emailed her other things where she told me she had to go check or wasn't sure. I don't see why she wouldn't have done so this time if she wasn't sure. ETA: I'll add that the person who processed the DROS today that prompted my post was new. She was communicating with her supervisor on the back end. After I provided information on why I believe the transaction to be 1-30 exempt they accepted it. So if they are all confused then I guess my customers benefit. At some point in the future if they tell me they had it all wrong, I'll stop. For now I'm following the directions I was given and they seem to process them ok. Honestly, I make more money if the customer has to come back every month for 3-6 months. Doing it all at once saves money for the customer and time though. |
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