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Specific DOJ regs allowing C&R handgun import

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  • gunprofit
    Senior Member
    • Oct 2009
    • 557

    Specific DOJ regs allowing C&R handgun import

    I know it is legal for a FFL 01 dealer to receive a C&R handgun from out of state since they are exempt from the Approved List. However, since my local dealer does not believe this to be true, do any of you know the DOJ Regs that specifically address this issue? He says that if I have that info, he will import it for me.

    Also, he said that there are changes in California law begining July 1st 2010 that require him to get a 2nd hand license to do consignment, purchases, etc. And that this new law is one of the reasons he is recluctant to bring anything into the state. He gives a quote that the seller has to be in front of him and give fingerprints at the time of the transfer. Anyone up to date on the new stuff?
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by gunprofit
    I know it is legal for a FFL 01 dealer to receive a C&R handgun from out of state since they are exempt from the Approved List. However, since my local dealer does not believe this to be true, do any of you know the DOJ Regs that specifically address this issue? He says that if I have that info, he will import it for me.
    here is the C&R handgun exemption to the roster.

    12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
    (b) This section shall not apply to any of the following:

    (3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

    Also, he said that there are changes in California law begining July 1st 2010 that require him to get a 2nd hand license to do consignment, purchases, etc. And that this new law is one of the reasons he is recluctant to bring anything into the state. He gives a quote that the seller has to be in front of him and give fingerprints at the time of the transfer. Anyone up to date on the new stuff?
    not sure about this.
    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.

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    • #3
      halifax
      Veteran Member
      • Oct 2005
      • 4440

      Originally posted by gunprofit
      Also, he said that there are changes in California law begining July 1st 2010 that require him to get a 2nd hand license to do consignment, purchases, etc. And that this new law is one of the reasons he is recluctant to bring anything into the state. He gives a quote that the seller has to be in front of him and give fingerprints at the time of the transfer. Anyone up to date on the new stuff?
      The only change is in how it reported (electronically vs hard copy to local LE).

      It only applies to firearms being purchased by the dealer for resale not firearms purchased by customers from another party:

      Pursuant to Business & Professions Code section 21626, a secondhand dealer is any person whose business includes buying, selling, taking in trade, taking in pawn, taking on consignment, accepting for auction, or auctioning secondhand personal property.
      Jim


      sigpic

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      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        Pursuant to Business & Professions Code section 21626, a secondhand dealer is any person whose business includes buying, selling, taking in trade, taking in pawn, taking on consignment, accepting for auction, or auctioning secondhand personal property.

        Perhaps the above is why the local Turner's fills out a Pawn Buy form when they take a gun in on consignment. Plus they want a thumbprint on it.
        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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        • #5
          Scout106
          Member
          • Feb 2007
          • 270

          A C&R license is a Federal license, not a state one. I don't believe the state can require a federal license for a FFL dealer; it would be redundant.
          sigpic RVN 01May66 - 15Jun67

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