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  • GM4spd
    Calguns Addict
    • May 2008
    • 5682

    Does a C&R holder have to go

    Thru a 10 day wait doing a PPT transfer at a regular FFL on a C&R handgun?
    The C&R holder is the buyer.
  • #2
    TRICKSTER
    I need a LIFE!!
    • Mar 2008
    • 12438

    According to the law, the answer is no, but since the DOJ failed to list that exemption for the FFL to check off, the real world answer is yes.


    Never underestimate the power of stupid people in large groups

    Comment

    • #3
      SkyHawk
      I need a LIFE!!
      • Sep 2012
      • 23490

      No, not if the C&R holder also has a COE.

      But there is no way to deliver it immediately using the DROS software when doing a PPT. I have heard that if the FFL calls DOJ, they will provide some type of override so it can be released.

      This is a hassle of course, and probably depends on DOJ business hours and a willing FFL. Another option is for the FFL to take the gun onto his books, then process the sale from inventory. In that case the DROS system will allow immediate delivery to a C&R + COE holder. It could incur extra FFL fees though.
      Last edited by SkyHawk; 01-07-2017, 6:03 PM.
      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

      Comment

      • #4
        ColdDeadHands1
        Veteran Member
        • Nov 2008
        • 3391

        I have taken immediate possession of C&R handguns following a PPT at my local FFL. i have both an FFL-03 + COE.


        "Let me guess... This isn't about the alcohol or tobacco?"

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by GM4spd
          Thru a 10 day wait doing a PPT transfer at a regular FFL on a C&R handgun?
          The C&R holder is the buyer.
          When acquiring a C&R firearm from or through a CA FFL dealer...

          If the buyer only has a valid C&R FFL, then the 10 day wait applies.

          If the buyer has both a valid C&R FFL and valid COE, then the 10 day wait does not apply. [PC 27670]



          Penal Code 27670
          (a) The waiting period described in Section 27540 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
          (1) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
          (2) The sale, delivery, loan, or transfer is made by a dealer.
          (3) The sale, delivery, loan, or transfer is made to a 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.
          (4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
          (b) On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in Section 28160 or 28165.
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

          Comment

          • #6
            OniKoroshi
            Senior Member
            • Sep 2011
            • 1321

            Originally posted by Quiet
            When acquiring a C&R firearm from or through a CA FFL dealer...

            If the buyer only has a valid C&R FFL, then the 10 day wait applies.

            If the buyer has both a valid C&R FFL and valid COE, then the 10 day wait does not apply. [PC 27670]



            Penal Code 27670
            (a) The waiting period described in Section 27540 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
            (1) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
            (2) The sale, delivery, loan, or transfer is made by a dealer.
            (3) The sale, delivery, loan, or transfer is made to a 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.
            (4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
            (b) On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in Section 28160 or 28165.
            Regs support it but the DES system doesn't. DES has no option for C&R PPT exemption as skyhawk has mentioned. Second option mentioned has been the option most FFL's do.
            Last edited by OniKoroshi; 01-08-2017, 7:19 PM.

            Comment

            • #7
              condor
              Senior Member
              • Apr 2009
              • 1102

              I'm a C&R FFL/COE and do all my out of state C&R buys thru one local FFL1 dealer. I let them sit for the 10 days. It's not that big of a deal. There are certain things that make a C&R worth having, but the 10 day wait isn't one of them.
              WITHOUT THE 2nd THERE WON'T BE A 1st...]

              Comment

              • #8
                chopperjock22
                Member
                • Jun 2015
                • 136

                Originally posted by condor
                ...I let them sit for the 10 days. It's not that big of a deal...
                To each their own I guess. I haven't bought a C&R handgun since getting licensed, but when I do I'm going to be making sure whatever 01FFL I use for the transfer will be honoring the wait period exemption. I want all the value out of the fees I pay for the 03FFL and the COE and I will refuse to do business with any dealer that won't recognize my exemption.

                Comment

                • #9
                  echo1
                  Veteran Member
                  • Apr 2010
                  • 3808

                  Originally posted by chopperjock22
                  To each their own I guess. I haven't bought a C&R handgun since getting licensed, but when I do I'm going to be making sure whatever 01FFL I use for the transfer will be honoring the wait period exemption. I want all the value out of the fees I pay for the 03FFL and the COE and I will refuse to do business with any dealer that won't recognize my exemption.
                  Good luck on that. PAX
                  You need a crew

                  "A free people should be armed and disciplined" (George Washington),

                  Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.~John Adams 1798

                  Comment

                  • #10
                    Dooder
                    Senior Member
                    • Nov 2012
                    • 1496

                    I had an interesting experience once where a shop rarely sells to 03/coe holders and didn't know exactly what to do. But after they figured it out the said to make it easier next time anywhere mention x13 exemption. Haven't tried it since but I think the theory is that mentioning you're x13 will remind the ffl to check the appropriate box.
                    Man, this place has gone bonkers.

                    Comment

                    • #11
                      rdfact
                      CGN Contributor
                      • Nov 2012
                      • 2528

                      I have had 2 different FFLs work around the lack of functionality in the DROS system by taking the C&R handgun into their inventory first then releasing to me.
                      As for the 10 day wait, it can be a big deal if you have to travel an hour or more to meet the seller. Being able to take possession immediately saves you a second trip.

                      Comment

                      • #12
                        SkyHawk
                        I need a LIFE!!
                        • Sep 2012
                        • 23490

                        Originally posted by rdfact
                        As for the 10 day wait, it can be a big deal if you have to travel an hour or more to meet the seller. Being able to take possession immediately saves you a second trip.
                        This. I plan to travel often for C&R, and far. Having to go back for a pickup after ten days is a BFD, to be avoided at every opportunity. In many cases it will be an absolute requirement that it is done cash and carry.
                        Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                        Comment

                        • #13
                          condor
                          Senior Member
                          • Apr 2009
                          • 1102

                          Originally posted by rdfact
                          As for the 10 day wait, it can be a big deal if you have to travel an hour or more to meet the seller. Being able to take possession immediately saves you a second trip.
                          That's why I don't waste my time at even traveling an hour to buy a gun unless it's a FTF cash'n'carry transaction from a private party, and it something I really really want, and then it's still a PITA... I learned my lesson buying a high grade collectible from an auction house 170 miles away. The second trip up and back got old quick... :-) Never again... As far as arguing with the FFL1 over what's exempt and what's not, I just do the DROS and be done with it. For those that want to be legalistic about it, so be it...
                          WITHOUT THE 2nd THERE WON'T BE A 1st...]

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