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  • beerman
    Veteran Member
    • Dec 2009
    • 4971

    30 DAY RULE

    Can anyone tell me when the 30 days starts and when it ends..
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    the 30-day clock starts when you submit the DROS. And it ends 30 days later

    12072(a)(9)(A) No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      beerman
      Veteran Member
      • Dec 2009
      • 4971

      thank you

      Comment

      • #4
        wilafur
        Member
        • Dec 2009
        • 467

        however, the 30day rule only applies to new handgun purchases. you can purchase as many used handgun (through PPT) as you want within a 30 day period.

        Comment

        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          the 30-day rule applies to all handguns transfered through a dealer, whether they are new or used, with limited exemptions. I can't buy two used glock 17s from a dealer within 30-days.

          There are exemptions for PPT/cosignments, but it has nothing to due with new/used. And even that isn't absolute, since places like LA have separate 30-day rules.
          Last edited by ke6guj; 03-08-2010, 5:28 PM.
          Jack



          Do you want an AOW or C&R SBS/SBR in CA?

          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

          Comment

          • #6
            wilafur
            Member
            • Dec 2009
            • 467

            ^ thanks for the clarification.

            Comment

            • #7
              aermotor
              CGN/CGSSA Contributor
              • Apr 2009
              • 2566

              Originally posted by ke6guj
              the 30-day rule applies to all handguns transfered through a dealer, whether they are new or used
              That's a touch misleading because even PPT have to be "transfered through a dealer" (FFL)... I know you sort of clarified it in your second sentence but wanted to try and point that out.

              PPT/Cosign's I believe are the only exception to the 30 day law, unless you have C&R and COE licenses which would exempt you from the 30 day law. Someone let me know if that's not correct...

              Comment

              • #8
                Super Spy
                Veteran Member
                • Mar 2009
                • 3461

                If you have a C&R and a COE does this exempt you only on C&R handguns or any handgun? Can I buy that matched set of new Vaquero's with COE and C&R in hand?
                Originally posted by Daytripper63
                "Looking a bit angry, he asked why I thought it was a Republican truck. I explained that if it were an Obama truck, the seats would blow smoke up your *** year-round. I had to walk back to the dealership. The guy had no sense of humor."

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  my point was more tht the 30-day rule applied to used handguns and not just used ones. I hear tht all the time that "oh, the 30-day rule only applies to new handguns that are bought from a dealer, used handguns are exempt". Well, that isn't accurate since I can't buy multiple used handguns from a dealer (well I can with he C&R+COE exemption) within a 30-day period.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    IrishPirate
                    Calguns Addict
                    • Aug 2009
                    • 6390

                    Originally posted by cmcconn
                    If you have a C&R and a COE does this exempt you only on C&R handguns or any handgun? Can I buy that matched set of new Vaquero's with COE and C&R in hand?
                    any handgun. you still have to DROS and wait 10 days, and don't expect the FFL to know how to do the paperwork.
                    sigpic
                    Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                    People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                    ΜΟΛΩΝ ΛΑΒΕ

                    Comment

                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by cmcconn
                      If you have a C&R and a COE does this exempt you only on C&R handguns or any handgun? Can I buy that matched set of new Vaquero's with COE and C&R in hand?
                      yes, the C&R+COE exemption to the 1-in-30 applies to all handguns, modern and C&R. The PC exemption does not limit it to just C&R handguns. Not all dealers are aware of this, but CADOJ has reluctantly confirmed the legality on the phone before.
                      Jack



                      Do you want an AOW or C&R SBS/SBR in CA?

                      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                      Comment

                      • #12
                        IrishPirate
                        Calguns Addict
                        • Aug 2009
                        • 6390

                        Originally posted by ke6guj
                        my point was more tht the 30-day rule applied to used handguns and not just used ones. I hear tht all the time that "oh, the 30-day rule only applies to new handguns that are bought from a dealer, used handguns are exempt". Well, that isn't accurate since I can't buy multiple used handguns from a dealer (well I can with he C&R+COE exemption) within a 30-day period.
                        i think what you're trying to say (if you don't mind me clarifying) is if the "used gun" is owned by the FFL then it follows the "one in 30 days rule", but if it's a consignment gun being displayed in the store then it doesn't follow the "one in 30 days" rule.

                        yeah consignment guns are "used" 99.9% of the time, but since the 01FFL doesn't actually own them (a private party does) and it's not part of their inventory then it doesn't follow the "one in 30 days" rule.

                        consignment guns are just like meeting someone on Calguns and buying a gun from them. consignment just means the FFL basically advertises it for the owner and gets a small fee for the display space.
                        sigpic
                        Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                        People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                        ΜΟΛΩΝ ΛΑΒΕ

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          right. It is hard to try to write a short concise sentence that explains everything about the roster and how it applies. It just bugs me when I see a blanket statement like "the roster only applies to new handguns".

                          SO, I like to explain that the roster applies to all handgun transfers, new or used, except for those handguns that are exempt from the roster (such as C&R handguns and some single-action revolvers and single-shot handguns), those people that are exempt from the roster (such as LEOs), or those transfers that are exempt from the roster (such as PPT/cosignments or interstate intrafamily transfers).

                          edit: wow, I got totally off-track on that one. This was a 30-day thread, not a roster thread.

                          But the 30-day rule is pretty similar to the roster rule. Here, I'll just post the PC and let everyone read it for themselves.

                          12072(a)(9)(A) No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
                          (B) Subparagraph (A) shall not apply to any of the following:
                          (i) Any law enforcement agency.
                          (ii) Any agency duly authorized to perform law enforcement duties.
                          (iii) Any state or local correctional facility.
                          (iv) Any private security company licensed to do business in California.
                          (v) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of his or her employment as a peace officer.
                          (vi) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
                          (vii) Any person who may, pursuant to Section 12078, claim an exemption from the waiting period set forth in subdivision (c) of this section.
                          (viii) Any transaction conducted through a licensed firearms dealer pursuant to Section 12082.
                          (ix) 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 who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071.
                          (x) The exchange of a pistol, revolver, or other firearm capable of being concealed upon the person where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
                          (xi) The replacement of a pistol, revolver, or other firearm capable of being concealed upon the person when the person's pistol, revolver, or other firearm capable of being concealed upon the person was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which he or she resides.
                          (xii) The return of any pistol, revolver, or other firearm capable of being concealed upon the person to its owner.
                          Last edited by ke6guj; 03-08-2010, 5:50 PM.
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            BusBoy
                            Senior Member
                            • Dec 2009
                            • 677

                            Originally posted by ke6guj
                            right. It is hard to try to write a short concise sentence that explains everything about the roster and how it applies. It just bugs me when I see a blanket statement like "the roster only applies to new handguns".

                            ke6guj I emailed you on a question I had on this topic... thanks a head of time!
                            kcbrown -- The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. Consider very carefully what that means for your oath to uphold the Constitution.

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