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Same day walk with 03 COE

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  • aeropro90
    Member
    • Oct 2016
    • 197

    Same day walk with 03 COE

    I'm told by my FFL that I cant walk away with a P38 made in 1944 with my 03 COE. And I must wait 10 days. I find this very hard to believe
  • #2
    vino68
    Senior Member
    • Jul 2016
    • 1622

    Need more information and context.

    Comment

    • #3
      aeropro90
      Member
      • Oct 2016
      • 197

      Did a PPT with a guy who doesnt have a 03 COE on a gun that's curio and relic and the FFL is saying I need to wait 10 days. Yet i got my dros copy and it says my pick up date is today

      Comment

      • #4
        johnthomas
        Calguns Addict
        • Mar 2009
        • 7001

        Are you talking to a clerk or the owner? If your DROS states clearly, and I am sure it does, today is pick up day, and you decide you cannot pick it up 31 days from today, you will have to DROS again the same if you pick up a new gun and try to pick it up 31 days after the pickup date. Talk to someone else in the shop that works there.
        I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

        Comment

        • #5
          johnthomas
          Calguns Addict
          • Mar 2009
          • 7001

          If a Californian has both a Collector FFL and a COE, dealers as well as the collector benefit since purchases of Curio or Relic handguns and long guns are not subject to the inconvenience of the ten-day waiting period. However, the Dealers Record of Sale [DROS] process and fees still apply.
          The California collector with a Collector FFL and a COE is also exempt from the usual limitation of one handgun purchase every 30 days, even if the purchases are not Curio or Relic handguns.
          I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

          Comment

          • #6
            pacmule
            Senior Member
            • Apr 2008
            • 537

            Comment

            • #7
              TRICKSTER
              I need a LIFE!!
              • Mar 2008
              • 12438

              I believe that DOJ didn't set up the system with a COE/03FFL exemption for PPTs. This is a DOJ/ computer program issue issue, what you want to do is perfectly legal.
              The dealer has to enter the gun into his stock and then process it as a dealer sale for the exemption box to show up on the computer. Now if the dealer is willing to do that or not is another story.
              If the dealer did do it with the exemption and processed it correctly, you should have been able to walk out with the gun at the time you purchased it.
              Last edited by TRICKSTER; 06-27-2019, 1:17 PM.


              Never underestimate the power of stupid people in large groups

              Comment

              • #8
                botsdots
                Member
                • May 2008
                • 236

                Honest question: As a buyer with an 03FFL and a current COE, why would one go to an 01/07FFL to do a transaction on a C&R gun?

                Sent from my Pixel 2 XL using Tapatalk

                Comment

                • #9
                  TRICKSTER
                  I need a LIFE!!
                  • Mar 2008
                  • 12438

                  Originally posted by botsdots
                  Honest question: As a buyer with an 03FFL and a current COE, why would one go to an 01/07FFL to do a transaction on a C&R gun?

                  Sent from my Pixel 2 XL using Tapatalk
                  It's a handgun, handguns must be processed through a dealer.


                  Never underestimate the power of stupid people in large groups

                  Comment

                  • #10
                    boopiejones
                    Senior Member
                    • May 2014
                    • 2044

                    Originally posted by botsdots
                    Honest question: As a buyer with an 03FFL and a current COE, why would one go to an 01/07FFL to do a transaction on a C&R gun?

                    Sent from my Pixel 2 XL using Tapatalk
                    my Benitez goes to 11

                    Comment

                    • #11
                      johnthomas
                      Calguns Addict
                      • Mar 2009
                      • 7001

                      Originally posted by botsdots
                      Honest question: As a buyer with an 03FFL and a current COE, why would one go to an 01/07FFL to do a transaction on a C&R gun?

                      Sent from my Pixel 2 XL using Tapatalk
                      To California arms collectors the primary benefit of Curio or Relic status is that state law presently allows direct transfers of Curio or Relic LONG ARMS ONLY between private parties not prohibited from owning firearms, provided the firearm is a Curio or Relic firearm AT LEAST 50 YEARS OLD.

                      I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

                      Comment

                      • #12
                        TRICKSTER
                        I need a LIFE!!
                        • Mar 2008
                        • 12438


                        Penal Code - PEN
                        PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

                        TITLE 4. FIREARMS [23500 - 34370] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )

                        DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )

                        CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )


                        ARTICLE 3. Exceptions Extending Only to Waiting Period [26950 - 26970] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )


                        26970.

                        (a) The waiting period described in Section 26815 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.


                        Never underestimate the power of stupid people in large groups

                        Comment

                        • #13
                          TRICKSTER
                          I need a LIFE!!
                          • Mar 2008
                          • 12438

                          Originally posted by johnthomas
                          To California arms collectors the primary benefit of Curio or Relic status is that state law presently allows direct transfers of Curio or Relic LONG ARMS ONLY between private parties not prohibited from owning firearms, provided the firearm is a Curio or Relic firearm AT LEAST 50 YEARS OLD.

                          http://www.strandberg.us/guns/Curio%...alif%20Law.pdf
                          It use to be that way, now all that is required is that the firearm be a long gun and qualify under the federal definition of a Curio or Relic. It no longer needs to be 50 years old.

                          ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )


                          27966.

                          Commencing January 1, 2014, if all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:

                          (a) The sale, loan, or transfer is infrequent, as defined in Section 16730.

                          (b) The firearm is not a handgun.

                          (c) 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.

                          (d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.

                          (e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.

                          (f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.


                          Never underestimate the power of stupid people in large groups

                          Comment

                          • #14
                            -hanko
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Jul 2002
                            • 14174

                            Originally posted by johnthomas
                            To California arms collectors the primary benefit of Curio or Relic status is that state law presently allows direct transfers of Curio or Relic LONG ARMS ONLY between private parties not prohibited from owning firearms, provided the firearm is a Curio or Relic firearm AT LEAST 50 YEARS OLD.
                            Anyway, good guess.
                            True wealth is time. Time to enjoy life.

                            Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

                            Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

                            A man's soul can be judged by the way he treats his dog. Charles Doran

                            Comment

                            • #15
                              vino68
                              Senior Member
                              • Jul 2016
                              • 1622

                              If I recall correctly, in the POS/DROS, the FFL07/LGS has to enter the transaction as a PPT then transfer from FFL to FFL. And some clerks do not know how to do this or not aware of the checkup box for this transaction. That is why I always call ahead and ask if someone will be on shift that knows the 03FFL/COE transaction.

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