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Do mail order C&R pistols count towards the 30 day rule?

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  • ROTC sniper
    Senior Member
    • Jan 2010
    • 686

    Do mail order C&R pistols count towards the 30 day rule?

    I wanted to buy a couple of tokarev t33s online with my c&r license and was wondering if they count towards the one per 30 day rule. I'm already back logged and have a number of new pistols just waiting for me to begin the DROS period but was hoping that when I order stuff online it wouldn't count. Thanks guys.
    NRA Life Member ___________________________________________
    ____
    WTS: Need a Bug out Bag that's battle tested? Large Alice Packs and Molle Packs, I got them.
    http://www.calguns.net/calgunforum/s...=1#post7047942
  • #2
    littlejake
    Senior Member
    • Aug 2008
    • 2168

    Originally posted by ROTC sniper
    I wanted to buy a couple of tokarev t33s online with my c&r license and was wondering if they count towards the one per 30 day rule. I'm already back logged and have a number of new pistols just waiting for me to begin the DROS period but was hoping that when I order stuff online it wouldn't count. Thanks guys.
    IIRC -- C&R pistols do not count in the 1 in 30 days. Remember, the transfer from the online source through a CA dealer for DROS is called an FFL transfer; and they may charge you what ever process fee they wish; so line up a good dealer to receive them in advance.

    If you had your C&R plus COE, you wouldn't have a queue of handguns waiting to DROS. As it stands now, that combination is an exemption from 1 in 30 even for new handguns.

    A dealer would have to file a multiple handgun transfer form with BATF if you DROS more than one in 7 (I think 7, might be 5) days. That's just ATF looking for people acting like dealers. As long as they are not coming in and going out like a dealer, it's not a problem.
    Last edited by littlejake; 04-14-2010, 11:46 AM. Reason: xxx
    Life Member NRA and 2A Foundation.
    My posts are my own opinions and do not reflect those of any organization I am a member of.
    Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

    "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
    William Pitt (1759-1806)

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    • #3
      TWoods450
      Member
      • Mar 2010
      • 453

      I believe the 30 day rule is for NEW handguns only.

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      • #4
        savasyn
        Veteran Member
        • Aug 2007
        • 3201

        Unless you have a C&R and COE, any handgun that you get at a CA dealer counts towards the 1 in 30 rule.

        If you have a C&R handgun sent to a local shop, you DROS it just like any other handgun, there is nothing special about it being a C&R in that case. You will also have to log it into your bound book like any other C&R. You'll log it in as purchased from your local FFL, not whomever you had ship it to them as it'll be logged into and out of your local FFL.

        If you have a C&R and COE, you still have to do all of that except that you can take it home with you after you DROS (you don't have to wait 10 days) and you can buy multiple handguns per month(modern or C&R) as long as all of them are DROS'd under the "collector" exemption. There is another exemption that also works, but the collector one has gotten me through many DROSes regardless of age of the gun.

        Edit to add: Here's a quote from the CA DOJ FAQ on this(underlining added by me):

        "I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols. Does the one-handgun-per-30-day restriction apply?

        No. If you possess a valid federal Curio Relics Collector's license and a valid California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day restriction.

        (PC section 12072(a)(9)(x))"
        Last edited by savasyn; 04-14-2010, 12:27 PM.

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        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by littlejake
          IIRC -- C&R pistols do not count in the 1 in 30 days. .
          the 1-in-30 rule applies to all handgun transfers, except for those few exemptions, such as PPT/cosignment. C&R status is not an exemption.

          Originally posted by TWoods450
          I believe the 30 day rule is for NEW handguns only.
          the 30-day rule applies to both all NEW and USED handgun transfers, except for those exempt transfers such as PPT/Cosignment/C&R+COE/etc.
          Jack



          Do you want an AOW or C&R SBS/SBR in CA?

          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

          Comment

          • #6
            ROTC sniper
            Senior Member
            • Jan 2010
            • 686

            So in this instance I want to buy the pistols from southern Ohio gun. I would still have to send them to a local FFL even though I have my c&r? I couldn't have them sent to me directly? Is it only long guns that they can send to us directly? Thanks guys for all the info. Lois like my next step is getting my COE.
            NRA Life Member ___________________________________________
            ____
            WTS: Need a Bug out Bag that's battle tested? Large Alice Packs and Molle Packs, I got them.
            http://www.calguns.net/calgunforum/s...=1#post7047942

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            • #7
              dfletcher
              I need a LIFE!!
              • Dec 2006
              • 14787

              I think the easy way to remember the "1 per 30" is this - if it comes from the dealer's stock of firearms, whether used or new, it counts.

              When a handgun is transferred from out of state it enters the dealer stock - that's how the roster gets involved with handguns coming in from out of state. C & Rs and SA revolvers, single shot pistols are exempt from the roster but they do still enter the dealer's stock.
              GOA Member & SAF Life Member

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              • #8
                858casper858
                CGN/CGSSA Contributor
                • Jan 2010
                • 772

                You will also have to log it into your bound book like any other C&R.
                But if the gun is DROS'ed then why do you need to log it in your book? I thought the book was for logging C&R eligible firearms being transfered without a dealer.

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                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by ROTC sniper
                  So in this instance I want to buy the pistols from southern Ohio gun. I would still have to send them to a local FFL even though I have my c&r? I couldn't have them sent to me directly?
                  correct. All handguns, including C&R, have to go through a CA FFL, with limited exemptions. Having a C&R FFL is not an exemption unless you physically go out of state to take possession of the C&R handgun and then bring it back into CA with you (and then register it with CADOJ within 5-days).

                  Is it only long guns that they can send to us directly? Thanks guys for all the info. Lois like my next step is getting my COE.
                  correct. They can send any 50+ year-old C&R long guns directly to you. Any <50-year-old C&Rs, such as a Yugo "SKS", would still need to go through a CA dealer to be DROSed to you.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    ke6guj
                    Moderator
                    CGN Contributor - Lifetime
                    • Nov 2003
                    • 23725

                    Originally posted by 858casper858
                    But if the gun is DROS'ed then why do you need to log it in your book? I thought the book was for logging C&R eligible firearms being transfered without a dealer.
                    Because federal law says that you must log all acquistions of C&R firearms that happen WHILE you are licensed. YOu don't USE your license, you ARE licensed.
                    Jack



                    Do you want an AOW or C&R SBS/SBR in CA?

                    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                    Comment

                    • #11
                      858casper858
                      CGN/CGSSA Contributor
                      • Jan 2010
                      • 772

                      Originally posted by ke6guj
                      Because federal law says that you must log all acquistions of C&R firearms that happen WHILE you are licensed. YOu don't USE your license, you ARE licensed.
                      I'm still new to this, so if I'm licensed and I buy a mosin at Big5 and do the DROS and wait ten days, I still have to log it in my book?

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by 858casper858
                        I'm still new to this, so if I'm licensed and I buy a mosin at Big5 and do the DROS and wait ten days, I still have to log it in my book?
                        Yes.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

                        • #13
                          858casper858
                          CGN/CGSSA Contributor
                          • Jan 2010
                          • 772

                          Ok cool, thanks Ke6guj!

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                          • #14
                            TWoods450
                            Member
                            • Mar 2010
                            • 453

                            Originally posted by ke6guj
                            the 1-in-30 rule applies to all handgun transfers, except for those few exemptions, such as PPT/cosignment. C&R status is not an exemption.

                            the 30-day rule applies to both all NEW and USED handgun transfers, except for those exempt transfers such as PPT/Cosignment/C&R+COE/etc.
                            I stand corrected, wyatt, you are an oak.

                            Comment

                            • #15
                              M. D. Van Norman
                              Veteran Member
                              • Jul 2002
                              • 4168

                              Originally posted by ke6guj
                              Having a C&R FFL is not an exemption unless you physically go out of state to take possession of the C&R handgun and then bring it back into CA with you (and then register it with CADOJ within 5-days).
                              Matthew D. Van Norman
                              Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA

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