Had 2 pistols stolen, now replacing and the 30 day wait...

[MikeG22]

So I had two pistols stolen from my apartment and I'd like to replace them. I have the police report #'s and whatnot. In the DOJ guide is says replacing guns that were reported stolen are exempt from the 30 day deal.

Anyone know exactly how I do that so my DROS goes thru correctly? I just started dros on a pistol a couple days ago so it would be handy for the replacements of the others not having to wait months to do. Do I just need to bring the police report # with me? Does it have to be the exact same model or since I had 2 guns stolen I can buy whatever 2 I want now as replacements?

[leelaw]

Bring a copy of the DOJ guide to the FFL of choice. They will run the gun under the choice of "new dealer sale," and will mark the guns as 30-day exempt on the DROS.

Oh, run it by the FFL first, so it won't be a surprise and also so you don't get turned down when you go in because they don't believe you.

[The SoCal Gunner]

Buy a decent safe while you at it to keep the replacements protected.

[MikeG22]

Buy a decent safe while you at it to keep the replacements protected.

I have a safe. I recently moved and couldn't get my safe up the stairs when moving so the safe is in my locked garage. I had these two guns out as I was cleaning them but got called away to work and I didn't think I needed to spend the extra 10 minutes going and putting them in the safe right then only to take them back out when I got back. Just bad luck. I am quite angry at where they could possibly be now! =(

[NYC2SoCal]

If I were you.. I'd edit the previous comment.. Not sure you want to make that public.. But then that's me...

[The SoCal Gunner]

I have a safe. I recently moved and couldn't get my safe up the stairs when moving so the safe is in my locked garage. I had these two guns out as I was cleaning them but got called away to work and I didn't think I needed to spend the extra 10 minutes going and putting them in the safe right then only to take them back out when I got back. Just bad luck. I am quite angry at where they could possibly be now! =(

Thought you were someone else. I've had the same dilemma before. My house has been robbed awhile back before I was into firearms so I know that even leaving them out for a few minutes makes them easier to steal. I end up putting them all back into the safe if I have to step out of the house.

[MikeG22]

That doesn't mean it's still there...=) Safe would probably be safer in the garage with it bolted down and blocked in with vehicles that doesn't move. It was more inconvenient than anything.

[NYC2SoCal]

No, I meant it from a liability standpoint. If some gets killed by those firearms, I can imagine you getting sued for being "negligent". In other words, your statement above is "proof".. I'm not a lawyer, but I can see them making a case from your statement above. Just my $0.02.

This is California afterall..

[elsolo]

No, I meant it from a liability standpoint. If some gets killed by those firearms, I can imagine you getting sued for being "negligent". In other words, your statement above is "proof".. I'm not a lawyer, but I can see them making a case from your statement above. Just my $0.02.

This is California afterall..

They were stolen.
Would you have the same fears of liability for other types of personal property stolen and misused by criminals, such as your car?

[NYC2SoCal]

They were stolen.
Would you have the same fears of liability for other types of personal property stolen and misused by criminals, such as your car?

I understand what you are trying to say.. But he publicly stated that he left his firearms out, unlocked, unattended. He has a safe as required by CA Law. He evidently understands firearm safety having passed the permit exams .. But he "negligently" left the firearms out, and did not secure them, and left. How about leaving a car at the top of the hill, in neutral. If this car gets nudged, and it does down the hill killing someone, who is gonna get sued? Sued for killing? No, sued for negligence...

Here's another example, he rushes to work.. His sister drops by with her kids.. The kids find the firearms, and one of them is shot.. Who is now going to jail?

Maybe I'm just paranoid. Maybe I just like to pamper my babies and put them back in the safe all the time..

[The SoCal Gunner]

I understand what you are trying to say.. But he publicly stated that he left his firearms out, unlocked, unattended. He has a safe as required by CA Law. He evidently understands firearm safety having passed the permit exams .. But he "negligently" left the firearms out, and did not secure them, and left. How about leaving a car at the top of the hill, in neutral. If this car gets nudged, and it does down the hill killing someone, who is gonna get sued? Sued for killing? No, sued for negligence...

Here's another example, he rushes to work.. His sister drops by with her kids.. The kids find the firearms, and one of them is shot.. Who is now going to jail?

Maybe I'm just paranoid. Maybe I just like to pamper my babies and put them back in the safe all the time..

A safe is not required by CA law. CA law requires that you have a firearm safety device when purchasing a firearm. Read the PC for specifics. He had the firearms locked up in his home and unless he has children under the age of 18, he is not required to have them reasonably locked away.

The sister example can go both ways. If said person knew the sister had access to his home and knew that the children were coming over, he would be responsible. If they were unauthorized to access his home then she was trespassing and I don't see how he would be held responsible.

[MikeG22]

I live alone and have no one else with keys to the place but me. The person who broke in kicked in a locked fence and broke in a locked door. I don't think it was negligent nor unlawful in any way. Again, how many of you all keep a gun in say a nightstand or something? I never have children over and if there was anyone going to be here they would obviously never have been left out. Oh well, hopefully I get lucky and they find them before they can be used for anything.

[mike452]

What are you getting?

[neomentat]

A legal question:

I don't have any kids and "if" I keep my shotgun loaded, unlocked and next to the nightstand is this legal?

[The SoCal Gunner]

A legal question:

I don't have any kids and "if" I keep my shotgun loaded, unlocked and next to the nightstand is this legal?

Straight from the DOJ Faqs list:

8. Am I required by law to store my firearms where children cannot access them?

Yes. In most cases, if you keep any loaded firearm within any premise which is under your custody or control and know or reasonably should know that a child (person under 18 years of age) is likely to gain access to the firearm, you may be guilty of a felony if a child gains access to that firearm and thereby causes death or injury to any person unless the firearm was in a secure locked container or locked with a locking device that rendered it inoperable.

(PC Section 12035-12036)

If persons under 18 are not allowed on your premises you are good.