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Old 05-10-2022, 8:16 AM
Steve1968 Steve1968 is offline
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Default Legal advice for DNR

Iíve been working on my curio and relic collection, and have recently purchased multiple WWII vintage handguns. While at my gun store to complete the transfer paperwork, I made an error because I didnít realize that, even though the guns are C&R and themselves exempt from the 30 day wait for pick up, that I myself also have to have a C&R license. So because of this misunderstanding I asked the dealer to put a second gun on the dros document. This action flagged the dealer and I was denied the application to get my guns. It has been 35 days since the denial letter was received by my dealer, and I personally have not gotten a letter from the DOJ/ Bureau of Firearms explaining the situation or offering a dispute path. I have tried to call the Bureau, but it is only a recording, and they donít seem to have a way to speak to anyone about the case
Has anyone else dealt with this, and is there a number to call or an email address for me to contact, in order to resolve the situation? I feel that the state is intentionally placing a burden on my due process rights by not contacting me with a path to arbitration, and is in fact trying to inflict monetary damage on me by forcing me to hire a lawyer or representative to reestablish my rights. I think this is intentional and damaging, intended to coerce me to relinquish my legally purchased firearms. Can someone give me advice? Or maybe put me in touch with a firearms coalition with legal advice? Thank you.
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  #2  
Old 05-10-2022, 8:23 AM
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Milsurp1 Milsurp1 is offline
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You and the dealer were not knowledgeable about state law. The application to purchase two handguns within a 30 day period caused the rejection. 31 days after the application was rejected you should be able to submit a new DROS application for one handgun. 31 days later submit the application to purchase the second handgun.

If you really want to build a C&R collection it makes sense to get a COE and C&R. Also read the many threads on these topics.
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  #3  
Old 05-10-2022, 9:06 AM
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Librarian Librarian is offline
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Question: your title says "DNR" - is that a typo for something else? As a retired nurse, I see that as 'Do Not Resuscitate'.
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Old 05-10-2022, 9:16 AM
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Quiet Quiet is offline
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Quote:
Originally Posted by Steve1968 View Post
I’ve been working on my curio and relic collection, and have recently purchased multiple WWII vintage handguns. While at my gun store to complete the transfer paperwork, I made an error because I didn’t realize that, even though the guns are C&R and themselves exempt from the 30 day wait for pick up, that I myself also have to have a C&R license. So because of this misunderstanding I asked the dealer to put a second gun on the dros document. This action flagged the dealer and I was denied the application to get my guns. It has been 35 days since the denial letter was received by my dealer, and I personally have not gotten a letter from the DOJ/ Bureau of Firearms explaining the situation or offering a dispute path. I have tried to call the Bureau, but it is only a recording, and they don’t seem to have a way to speak to anyone about the case
Has anyone else dealt with this, and is there a number to call or an email address for me to contact, in order to resolve the situation? I feel that the state is intentionally placing a burden on my due process rights by not contacting me with a path to arbitration, and is in fact trying to inflict monetary damage on me by forcing me to hire a lawyer or representative to reestablish my rights. I think this is intentional and damaging, intended to coerce me to relinquish my legally purchased firearms. Can someone give me advice? Or maybe put me in touch with a firearms coalition with legal advice? Thank you.
C&R firearms by themselves are not exempt from the 1 in 30 day wait.

A person with only a valid C&R 03-FFL is not exempt from the 1 in 30 day wait.

A person with a valid C&R 03-FFL and valid COE is exempt from the 1 in 30 day wait. [PC 27535(b)(9)]

Therefore...

Simply relying on the fact that the handguns are C&R does not make the transfer exempt from the 1 in 30 day wait.

Simply having a valid C&R 03-FFL does not make the transferee exempt from the 1 in 30 day wait.

In order to be exempt from the 1 in 30 day wait, the transferee must have both a valid C&R 03-FFL and valid COE.



Penal Code 27535
(a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
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  #5  
Old 05-11-2022, 8:24 AM
Steve1968 Steve1968 is offline
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Librarian- The DNR refers to Do Not Release.
So I appreciate the information provided, but as I stated I am now aware of the issue I’ve created. My question isn’t what the problem is, my question is if anyone knows where I can find legal representation, and if there is information on who to contact at the Department if Firearms or Department of Justice so that I can try to adjudicate my error and work on moving forward.
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  #6  
Old 05-11-2022, 8:33 AM
Steve1968 Steve1968 is offline
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Milsurp1- My understanding is that I am now in limbo, and I have to wait for the DOJ/ Bureau of Firearms to release the gun in question before I can reapply for the gun. Even though the 30 day wait period has passed I am still ineligible until the DOJ allows the process to continue. Is this incorrect?
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  #7  
Old 05-14-2022, 12:14 AM
pacrat pacrat is offline
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Steve, the number is 1-800-THEY DON'T CARE. Even if you manage to speak to a real live person at DOJ-BOF, they will refuse to discuss any issue with you. Or advise you in any way.

Even if you give the specific DROS# on the paperwork. They have no way to confirm over the phone, that you, are you.

Quote:
Milsurp1- My understanding is that I am now in limbo, and I have to wait for the DOJ/ Bureau of Firearms to release the gun in question before I can reapply for the gun. Even though the 30 day wait period has passed I am still ineligible until the DOJ allows the process to continue. Is this incorrect?
NO

The Do Not Release caused by the 2 in 30 goof. Expired one minute AFTER the 30-24 hr periods had passed. DOJ will not be contacting you to confirm that it is now OK to DROS another gun.

Go forth and buy. One Handgun per 30 days. Or buy all you want through PPTs from private sellers.
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  #8  
Old 05-14-2022, 6:27 AM
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Quote:
Originally Posted by Librarian View Post
Question: your title says "DNR" - is that a typo for something else? As a retired nurse, I see that as 'Do Not Resuscitate'.
That's what I thought it was about as well.
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