C&R FFL + COE Exemption Help

[timmy8151]

I have been having a hard time convincing my FFL that my C&R FFL + COE will exempt me from the 1 handgun a month rule.

I've directed them to pg 33-34 of the 2007 California Firearms booklet as well as PC Section 12072. (a) (9) (A). I told them that neither section specifically states that the use of the C&R + COE for the exemption applies only to C&R Handguns.

However, my FFL has called the DOJ/BOF about this issue as was told that she could only apply this exemption to C&R handguns.

Does anyone have anything in writing from the DOJ/BOF one way or another about this.

Thanks

[stevie]

Try item #24 on the FAQ

http://ag.ca.gov/firearms/pubfaqs.php#23

[scootergmc]

Here you go timmy, the actual code section is 12072(a)(9)(B)(ix) (the FAQs list the wrong code section):

(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:

(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.

It does not state anything specific to C&Rs. Therefore, it's not specific to C&Rs. Good luck getting someone at BOF to back you. I do know that it is a valid exemption. There are a few on this board who have used their COE and C&R to get around the 1 per 30 day.

[timmy8151]

Try item #24 on the FAQ

http://ag.ca.gov/firearms/pubfaqs.php#23

Showed them that too. My FFL won't apply the exemption because of their discussion with the BOF.

[timmy8151]

why not call yourself.if they give you the wrong answer point out the law.if they give you the right answer tell your dealer to call that person

I have called in the past and cited the correct section of the penal code, but was fed the same BS about it applying to C&R handguns only.

[scootergmc]

You can always call again and ask them where it says it specifically applies. They won't be able to tell you.

[SecondAmendmentgirl]

Yeah, the website FAQ says C&R only and the consecutive numbered situation but nothing else. LOL - California .gov doesn't want you to own a hangun, let alone 2 or more in one month

Make a formal request in writing, as I've heard the answers at CA DOJ vary depending on who picks up the phone, from day to day and hour to hour.

[kap]

The only time I did it I had the FFL tell me that the cited code goes against everything the DOJ has told them regarding C&R + COE waiting period exemptions. They did the the transfer anyway and it went through with no problems.

It would be nice to have an opinion from the DOJ in writing one way or the other as their stated opinion seems is in conflict with the code. At least it will give us something with which to work.

[paradox]

underground legislation?

Paging Gene...

[vrylak]

my apologies for resurrecting an old thread. don't want to start another since my question still pertains to this.

For a C&R and COE holder who has a handgun on DROS, still within the 30 day periond, if you want to DROS another handgun at another FFL/store, do you need to inform them that you're claiming the 30-day exemption, or is that exemption automatic, meaning DOJ knows about your C&R and COE. Handguns are modern by the way and not C&R.

Thanks

[sevans]

You'll need to inform the FFL since they need to process the DROS as 30-day exempt. If it is submitted as a non-exempt DROS the DOJ will reject the second purchase if it's within 30 days.

[Scout106]

My dealer called DOJ and got the same misinformation, which he relayed to me while still on the phone. I asked him to get the DOJ agents name and phone extension or to let me speak to her/him. When he asked for the info, they changed their position and told the dealer it was "the legal intent" to restrict us. My reply was that intent has no bearing in statute law. I got my guns.