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FFL 03 question (PC27670)

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  • hundy
    CGN/CGSSA Contributor
    CGN Contributor
    • Jun 2013
    • 550

    FFL 03 question (PC27670)

    I was looking for clarification on getting a C&R pistol with a FFL 03. I am in the que to get a 1911 from the CMP. They are in the 23,000's now and I am 23292.
    First, is a CMP 1911 considered a C&R?
    If so as I read the California laws for FFL 03 on a sheet I got here on this site; according to PC27670 there is no 10 day waiting period for a C&R firearm. I searched the code and read it in its entirety and it does not specify pistol or long gun. So, once the 1911 is delivered to the FFL 01 I have listed, am I able to pick up that day or is there still a 10 day waiting period.

    Thank you,

    Jay
  • #2
    leman77
    Senior Member
    • Jan 2011
    • 1168

    Yes, the CMP 1911 is C&R. The only way to waive the 10 day wait is to also have a CERTIFICATE OF ELIGIBILITY from CA DOJ. If you have both, and your chosen FFL knows how to process these transactions, you should be able to take home the gun the same day. If you only have the 03 and not the COE, expect to wait the 10 days to pick up.

    Comment

    • #3
      leman77
      Senior Member
      • Jan 2011
      • 1168

      You are in Rancho, I would send the gun to 2A Zone in Upland. Those guys are solid, and i’m pretty sure they know how to process 03/COE. Good luck!

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Originally posted by leman77
        Yes, the CMP 1911 is C&R. The only way to waive the 10 day wait is to also have a CERTIFICATE OF ELIGIBILITY from CA DOJ. If you have both, and your chosen FFL knows how to process these transactions, you should be able to take home the gun the same day. If you only have the 03 and not the COE, expect to wait the 10 days to pick up.
        What he said.

        In order to qualify for the C&R exemption to the CA waiting periods (10 day and 1 in 30 day), the transferee must have a valid C&R 03-FFL and a valid COE. [PC 26970 and 27535(b)(9)]

        If the transferee just has a C&R 03-FFL, then they are not exempt from the CA waiting periods.



        Penal Code 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.

        Penal Code 27535
        (a) No person shall make an application to purchase more than one handgun within any 30-day period.
        (b) Subdivision (a) shall not apply to any of the following:
        (9) 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 has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
        Last edited by Quiet; 07-07-2021, 5:28 PM.
        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).

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