FSC exceptions?

[Slo04Goat]

Hello all! I wanted to find out if the FSC is still a requirement for members of the amred forces including guard, reserve and veterans when purchasing a handgun in California? It has been awhile since I’ve purchased a handgun and want to know what’re the new requirements? TIA

[davidj]

I believe you would be exempt.

31700. (a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615: [omissions made]
(1) Any active or honorably retired peace officer [...].
(2) Any active or honorably retired federal officer or law enforcement agent.
(4) Any person who has successfully completed the course of training specified in Section 832.
(7) Except as provided in subdivision (d), a person to whom a firearm is being returned, where the person receiving the firearm is the owner of the firearm.
(9) Any individual who has a valid concealed weapons permit issued [...].
(10) An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030 [security guards].
(c) A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title or possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
(e) The firearm safety certificate requirement in subdivision (a) of Section 31615 shall not apply to a person taking possession of a firearm pursuant to Section 27882 or 27883.

[Quiet]

Active duty Military, active military reserve, and active military guard are granted a FSC exemption.

Honorably retired (20+ years of service) is also granted an exemption to the FSC.

Inactive reserve/guard does not qualify for the FSC exemption.

Honorable discharge does not qualify for the FSC exemption.

[BAJ475]

Originally Posted by Quiet

Active duty Military, active military reserve, and active military guard are granted a FSC exemption.

Honorably retired (20+ years of service) is also granted an exemption to the FSC.

Inactive reserve/guard does not qualify for the FSC exemption.

Honorable discharge does not qualify for the FSC exemption.

As far as I know this is correct, but a CCW is an additional exemption. On the other hand, none of this should pass muster under NYSRPA v Bruen!

[db556762]

Originally Posted by BAJ475

As far as I know this is correct, but a CCW is an additional exemption. On the other hand, none of this should pass muster under NYSRPA v Bruen!

Can you cite the CCW exemption? I hadn't heard that before.
With all the other carve-outs for special people, CA does not seem to want to have carve-outs for CCWers.

ETA, I think I found it based upon the posts a few up: https://leginfo.legislature.ca.gov/f...tionNum=31700.


31700.
(a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:

(1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(2) Any active or honorably retired federal officer or law enforcement agent.

(3) Any reserve peace officer, as defined in Section 832.6.

(4) Any person who has successfully completed the course of training specified in Section 832.

(5) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that person’s activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.

(6) A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.

(7) Except as provided in subdivision (d), a person to whom a firearm is being returned, where the person receiving the firearm is the owner of the firearm.

(8) A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.

(9) Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

[Dvrjon]

CA PEN 26850 also exempts CCW holders from the Safe Handling Demonstration.

26850. (a) Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun.

(h) The persons who are exempt from the requirements of subdivision (a) of Section 31615, pursuant to Section 31700, are also exempt from performing the safe handling demonstration.