C&R + COE 30 Day Limit Rule?

[jmnardo]

I'm sure this has been asked before but I can't find it with my limited searching skills. As I read CA law, having a C&R and COE exempts you from the one handgun per month rule, even for modern handguns. Some posts I found here confirm that others also believe that to be true.

My FFL disagrees, but he did ask DOJ about it for me. The local DOJ rep said absolutely not, it only applies to C&R handguns. Has anyone ever got written clarification from DOJ on this?

Also, how is this enforced? I assume that if you are not properly licensed and try and buy more than one in 30 days DOJ rejects the DROS. It doesn't seem like its up to the FFL as you could always use different ones. This could be a way to test it I suppose, but I'd rather not get my DROS rejected in case I'm wrong on the law. Plus, I don't actually want to buy two in less than 30 days, I just want to know that I'm able to.

[morrcarr67]

You don't need written clarification, it is already written in the law. The problem with DOJ is that they don't know the law very well and like to spread FUD.

One handgun per month

With some exceptions listed in Penal Code 12072(a)(9)(B), one may purchase only one handgun within any 30-day period.(Penal Code 12072(a)(9)(A))

One of those exceptions is for California residents with a state Certificate of Eligibility and a Federal Curio and Relic (Collector's) FFL.

(9)(A)No person shall make an application to purchase more than one
pistol, revolver, or other firearm capable of being concealed upon
the person within any 30-day period.

(B)Subparagraph (A) shall not apply to any of the following:
...
(ix)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 who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.

(Certificate of Eligibility is PC 12071(a)(4) )

(4)A person may request a certificate of eligibility from the
Department of Justice. The Department of Justice shall examine its
records and records available to the department in the National
Instant Criminal Background Check System in order to determine if
the applicant is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm and issue a
certificate to an applicant if the department's records indicate
that the applicant is not a person who is prohibited by state or
federal law from possessing firearms.

You will notice that nowhere does it mention that this applies to C&R handguns only.

Read the whole story here: http://wiki.calgunsfoundation.org/in...California_FFL

[jmnardo]

I tried to get my FFL to read the law but he didn't want to and will rely on the (bad) information he got from DOJ. So it sounds like my only resource would be to buy the second handgun from a different dealer.

[morrcarr67]

I tried to get my FFL to read the law but he didn't want to and will rely on the (bad) information he got from DOJ. So it sounds like my only resource would be to buy the second handgun from a different dealer.

Too bad. Sound like it's time to start looking a for a new dealer.

Make sure your new dealer understands the law or your DROS will get rejected.

I just don't understand some people.

[brianm767]

Yep, your dealer is wrong, and the DOJ rep is wrong, if your dealer is not willing to try to follow up, then time to find another dealer.

You may want to email the doj and if they respond with correct info, then your dealer might look at that? but dont be surprised if the DOJ still gives you incorrect info, they do it every day.

[jmnardo]

I think I will write DOJ although I am worried they will still get it wrong. How does my dealer need to fill out DROS so it won't get rejected (assuming I can convince him its OK)?

[Josh3239]

If you ever look at a DROS there is a section titled "Waiting Period Exemptions" Inside that are boxes, he would use the box labeled "Exemption Type". In that box he would put the type of exemption. I believe the code for the C&R + COE combo is X13.

I think I will write DOJ although I am worried they will still get it wrong. How does my dealer need to fill out DROS so it won't get rejected (assuming I can convince him its OK)?

[G Rod]

jmnardo,

I have both a C&R and a COE and have purchased multiple modern handguns on more than one occasion. I have never had a problem or been rejected by the DOJ.

I suggest that you ask your dealer to read CPC 12072, that was posted by, morrcarr67. Or you can just go find a different dealer.