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  #1  
Old 05-01-2014, 4:38 PM
javaduke javaduke is offline
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Default C&R Handgun, PPT and 10-day wait

Folks, I ran into a very strange situation today. I have a valid C&R and COE and I bought a 55-year old handgun from a person in California. We met at the FFL today (my understanding is that ALL handgun transfers have to be done via 01 FFL - is that correct?) but the dealer said that I have to wait 10 days. So, again:

- The pistol is C&R, it is more than 50 years old (a 1949 Colt 1911, to be specific)
- I have 03 C&R FFL and COE
- I met the seller in person

so does the 10 day rule still apply? Can anyone please clarify it?
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Old 05-01-2014, 4:51 PM
voodoomedman voodoomedman is offline
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Now that long guns are registered then indeed all firearm purchases need to go through an ffl as your c&r long guns get registered too. So basically now having a federal c&r license in California isn't really worth it.

To your question though yes with a Coe you are exempt from the 10 day wait. The only benefit to a c&r license. The exemption is only on c&r firearms. Your ffl just doesn't know what he's doing. Also the new Dros system is very specific and you actually have to release the gun in the system unlike previously so if it's not done right in the first place the system won't allow it to be "delivered" until after 10 days.


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Old 05-01-2014, 4:53 PM
javaduke javaduke is offline
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Well, the FFL does know what he's doing, there simply was no option in the new DROS system. Apparently some other folks had the same problem, I found a couple of threads here:
http://www.calguns.net/calgunforum/s...8#post14001058
http://www.calguns.net/calgunforum/s...8#post14001048
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Old 05-01-2014, 5:07 PM
voodoomedman voodoomedman is offline
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Quote:
Originally Posted by javaduke View Post
Well, the FFL does know what he's doing, there simply was no option in the new DROS system. Apparently some other folks had the same problem, I found a couple of threads here:

http://www.calguns.net/calgunforum/s...8#post14001058

http://www.calguns.net/calgunforum/s...8#post14001048

Then there's that. I understand the new DROS is a PITA. Not designed correctly for all the little intricacies of California law.


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Old 05-01-2014, 5:09 PM
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ke6guj ke6guj is offline
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correct, it has to be done through an FFL, but if you have both the C&R+COE, then you can use the 10-day exemption. The FFL has to properly DROS it to give you the 10-day exemption.

oh, that's right. CADOJ screwed the DES system and you can't properly enter the exemption even though it legally exists. I think the only option would be to log it in as a transfer and then dealer DROS it out to to as an exempt sale.
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Old 05-02-2014, 3:58 PM
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Starting on page 46 of the DES Firearms Dealership User Guide here, it seems to be pretty clear on how to DROS a C&R with the exemption.

I keep bring a copy with me when I go into an LGS I haven't done business with before to DROS a C&R on my 03 FFL and COE... it has put an end to any debate I've run into.

I also bring other supporting doc such as PC 27535 (a)(b)(9) that shows an 03 FFL with an COE is exempt from the "1 a month handgun" transfer rule, period.

Note that there is no distinction made between a modern and C&R handgun in subdivision (a).
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Old 05-02-2014, 4:06 PM
javaduke javaduke is offline
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Gunhacker, ok, I understand that if C&R Handgun Sale is selected, there's an option for waiting period exemption. But my situation is a C&R gun purchased from a private party, and there's no collector exemption option in the PPT screen. So does that mean that FFL has to DROS a C&R gun as C&R Sale, regardless of whether it's a PPT, dealer sale or out of state purchase?
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Old 05-02-2014, 11:37 PM
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Good question. That's my understanding.

The shop I do regular business with does the DROS as a C&R, the owner talked to the DOJ the first time I had an out of state C&R handgun that I purchased, shipped to them to transfer to me on my 03 FFL.

They were told to do the DROS as a C&R, using the seller info supplied, keep copies of my 03 FFL and COE, and release the gun under the 10 day wait exemption my 03 FFL and COE affords me.

I think a lot of confusion stems from the original name of the form that was used to report dealer sales transactions to the DOJ... DROS (Dealer Record of Sale).

Over the years as transfer laws changed, adding requirements for C&R handguns and private party transactions be transferred through a dealer, the DROS functionality was expanded to report more than just a dealer sale.
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