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Old 12-28-2022, 12:22 PM
benjamin101677 benjamin101677 is online now
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Quote:
Originally Posted by CSACANNONEER View Post
There is no law against loaning someone money until a sale happens but, the shop is not buying the firearm from the seller. In fact, the seller is still the legal owner of the firearm and can always simply go to the shop and get it back. If the buyer fails the background check, the law is clear that the firearm gets returned to the seller. The FFL has no legal right to keep it other than any actual loan papers it may have using the firearm as collateral. Any FFL doing what you are explaining is risking having to go to civil court to explain his/her actions and, I'll bet CA DOJ would end up having a field day with that FFL afterwards.

What are the differences in CA gun laws in different areas of the state? Except for a few local laws, I haven't found any differences I've only purchased firearms between Chico and Orange County, including the Bay Area, Sac, the central valley, the IE and coastal areas from SLO to OC.
Consignment situation is different, the gun put into consignment is put into a system just like a pawn shop situation where the description, serial number, etc. is submitted to the local law enforcement agency for that jurisdiction. That's why the gun sits for 30 days before the shop will allow transfer of gun to a new buyer. Once the gun is in consignment system even if the owner who put such weapon into consignment wants the gun back; the owner has to go through a 10 days waiting period again. Can't just simply walk in and take the possession back of the gun at that point. When you put a gun on consignment you are given a copy of the consignment form and will never get a sellers like copy in a private party situation.

If the new buyer flunked the background for purchase of the gun it would just go back into the consignment of the shop to be re-sold. The consignment owner is not the owner of the gun at this point. In fact, if you were the owner that put the gun into the consignment system you would probably never know what happened with the gun.

Any time your a business your open to lawsuits. What would the owner of the consigned gun claim against the gun store be? The owner was paid the money, per the consignment contract, gun was put into consignment system. As far as I am aware of there is nothing in the section codes that say that consignment guns can't be pre-paid. All someone making an issue over this would do is cause people to have to wait on the guns to be sold in the future.

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As to other comment - interpretation of the gun laws / rules are different based on areas in my experience.

Major things being:

01. Many gun shops believe that they only have to do 1 private party transfer of firearms per customer / per day. Very hard to find a shop in the bay area that will transfer 3-4 guns at once.

02. In the central valley area, most shops allow the safe affidavit to be used instead of purchasing gun locks. Even had Turners in Roseville, Ca allowed the affidavit. Just about every shop I have ever done business with in Southern California or the Bay Area have required me to purchase gun locks for each gun. They won't process transfer without gun locks.

03. Ran into this mostly in the bay area with shops charging more than $47.19 for private party transfers. Just last Saturday I was charged and on my receipt $40 ppt labor charge. I have run into this in Sacramento before also. It's been going on long enough that if DOJ cared they would be involved in it by now.

04. Had a gun shop in Southern California refuse to allow my concealed weapons permit issued by a police department to be used instead of the gun safety card.

05. Had a gun shop in Bay Area allow the concealed weapons permit as in place of my gun safety guard, but even though it had my address and everything still required me to use my vehicle registration for the secondary address.

06. I have had 3 shops till me a certain weapon is off roster, had 2 other shops say that they other shops didn't know what they were talking about and both allowed me to purchase and ship in certain weapon.

That's just to name the major ones I have ran into, there is nothing uniform across the board that is standard in every shop across California. Seems like different regions are more strict than others. Maybe because different regions have different doj / atf reps? The one thing I know when purchasing and traveling to different gun shops I know to always be ready for some new different run around.
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