Once again, it's a FEDERAL issue, not state. Read the bottom of this portion of the Wiki: http://wiki.calgunsfoundation.org/in...es.2C_and_Laws
The Feds don't recognize the CA Safe Affadavit.
and, http://www.calguns.net/calgunforum/s...9&postcount=59
The Feds don't recognize the CA Safe Affadavit.
The Bureau of Alcohol, Tobacco, Firearms and Explosives has yet to issue a regulation which recognizes 18 USC 921(a)(34)(C).
In practice, that means that California and Federal law are different on what is acceptable -- and safe for dealers to accept. For long guns, California FFLs may accept the safe affidavit; but for handguns, because BATFE has not yet ruled, the safe affidavit is NOT acceptable, and buyers may expect to purchase a gun lock with each handgun.
Anecdotal evidence at Calguns suggests that BATFE is in fact specifically refusing to accept the California safe affidavit. See this Calguns post for a reproduction of the letter BATF has sent.
BATFE enforcement of this appears problematical; there seems to be no record keeping requirement to establish the lock presence on delivery in Federal paperwork.
In practice, that means that California and Federal law are different on what is acceptable -- and safe for dealers to accept. For long guns, California FFLs may accept the safe affidavit; but for handguns, because BATFE has not yet ruled, the safe affidavit is NOT acceptable, and buyers may expect to purchase a gun lock with each handgun.
Anecdotal evidence at Calguns suggests that BATFE is in fact specifically refusing to accept the California safe affidavit. See this Calguns post for a reproduction of the letter BATF has sent.
BATFE enforcement of this appears problematical; there seems to be no record keeping requirement to establish the lock presence on delivery in Federal paperwork.
The form used by the State of California Department of Justice with the standards set forth by section 977.50 of the California Code of Regulations may comply with California laws but does not comply with the laws and regulations set forth by ATF. This form is not an ATF form and is not an acceptable form in lieu of presenting a secure gun storage or safety device at the time of each firearm sales transaction.


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