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C&r selling question

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  • g21
    Junior Member
    • Oct 2010
    • 73

    C&r selling question

    I have an old mauser that I want to sell, I got my c&r last year but bought my mauser a couple years ago. So I did not buy it with my lic I had to dros it. So my question is if I put it up for sale do I have to sell it to someone who has a c&r. And if I sell it to someone without a c&r does it have to go through dros. I searched the forum for a couple hours couldn't find anything close to what i am asking.
    Last edited by g21; 05-12-2012, 7:26 AM.
  • #2
    g21
    Junior Member
    • Oct 2010
    • 73

    Never mind I found it on a different post if anyone is interested it is here


    Comment

    • #3
      littlejake
      Senior Member
      • Aug 2008
      • 2168

      Until 2014, you are allowed to sell a C&R long gun to another CA resident as long as it's 50 years or older. Doesn't matter if you were licensed or not at the time you bought it. As long as it's an in-state transfer to a CA resident, the buyer does not need a C&R. If you have a C&R, you need to put it on your A&D book as from private collection; then log it out the the buyer -- so you will need the buyer's info for you A&D book.

      The state does not (yet) keep DROS information on long guns. The 4473 you filled out ties you to the gun. So, you need a paper trail from you to the buyer. If you have a C&R, your A&D book becomes that paper trail. If you do not have a C&R, you should write up a Bill of Sale and both sign and date it. Keep a copy for your records to show disposition when CA becomes a totalitarian police state.
      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)

      Comment

      • #4
        ummmmmm456
        Member
        • Apr 2012
        • 259

        little jake.... let me get this straight to make it easier for me to understand....

        i have no C&R. i want to give my friend in california that lives down the street from me a mosin nagant has no C&R.

        with a bill of sale, i can legally transfer my gun to him without a dros?

        situation two, i'm at a gunshow, i see a m44 sitting on a table, i want it, the owner is private, can i purchase and take home the same day without a dro's?
        Right action is better than knowledge; but in order to do what is right, we must know what is right.

        Comment

        • #5
          littlejake
          Senior Member
          • Aug 2008
          • 2168

          little jake.... let me get this straight to make it easier for me to understand....

          i have no C&R. i want to give my friend in california that lives down the street from me a mosin nagant has no C&R.

          with a bill of sale, i can legally transfer my gun to him without a dros? Yes. The PC section was 12078(t)(2) -- they renumbered the PC so I don't know the new PC citation. Remember this is only between CA residents; and the gun must be a 50 year or older C&R long gun. This section of the penal code ends Jan 1 2014 when all long gun transfers will have to be either DROS'ed or registered upon transfer.

          situation two, i'm at a gunshow, i see a m44 sitting on a table, i want it, the owner is private, can i purchase and take home the same day without a dro's? I'm not 100% sure about gun shows. I thought all gun show sellers in CA had to be dealers. If the seller is private, then the same section should apply
          Last edited by littlejake; 05-12-2012, 8:37 AM.
          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)

          Comment

          • #6
            ummmmmm456
            Member
            • Apr 2012
            • 259

            cool, this tells me two things, one, i need a c&r license so i can become a licensed addict..... and two..... i'm going to go poor. thanks littlejake.
            Right action is better than knowledge; but in order to do what is right, we must know what is right.

            Comment

            • #7
              g21
              Junior Member
              • Oct 2010
              • 73

              Ya man as soon as you get the c&r get ready, you will never have money again. but you will have lots of cool guns.

              Comment

              • #8
                1-M-42
                Senior Member
                • Mar 2010
                • 1232

                Originally posted by ummmmmm456
                cool, this tells me two things, one, i need a c&r license so i can become a licensed addict..... and two..... i'm going to go poor. thanks littlejake.
                Don't forget, all of this changes January 1st, 2014 (and possibly sooner if the CA State Legislature passes the speed up bill as it applies to the effective date). Once the CA Long Gun registration requirement goes into effect, you'll have to DROS your purchases, no matter if it's C&R or not. You'll not be able to receive shipment to your residence either. The only exception is if you pay the fees and go through the steps to obtain a Certificate of Eligibility (COE). if you have one of those you'll be able to have them shipped to your residence but will still have to submit the DROS and $19 to the State, just like you do now when you purchase a C&R handgun out of state and bring it into CA....
                sigpicCertainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter.
                Ernest Hemingway, "On the Blue Water," Esquire, April 1936

                Comment

                • #9
                  ummmmmm456
                  Member
                  • Apr 2012
                  • 259

                  man, so basically your telling me i'm a year to late in getting a c&r license?
                  Right action is better than knowledge; but in order to do what is right, we must know what is right.

                  Comment

                  • #10
                    1-M-42
                    Senior Member
                    • Mar 2010
                    • 1232

                    Not really, you are missing out on avoiding the $19 fee to the state but if you get the COE you'll still have the fun of having a C&R long weapon dropped off at your house. Another advantage to having a COE is there is no waiting period when you buy any firearm at a dealer, pay your money, walk out with a new Glock or 1911. If I'm not mistaken you also avoid the one handgun a month thing as well...The COE process is around $125 and then yearly renewal, not sure what that is in $
                    Last edited by 1-M-42; 05-12-2012, 3:29 PM. Reason: add
                    sigpicCertainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter.
                    Ernest Hemingway, "On the Blue Water," Esquire, April 1936

                    Comment

                    • #11
                      ummmmmm456
                      Member
                      • Apr 2012
                      • 259

                      so wait, your telling me there are perks to getting a certificate of eligibility, aside from a minor fee of $19 dollars ( but i can order in bulk and save on just one dros right)

                      you good sir have me sold...... what do i need to get a certificate of eligibility?
                      Right action is better than knowledge; but in order to do what is right, we must know what is right.

                      Comment

                      • #12
                        1-M-42
                        Senior Member
                        • Mar 2010
                        • 1232

                        Go the the CA DOJ site, download the application, follow the instructions and wait several weeks. You'll need to get livescanned (prints) etc....it's all spelled out on the DOJ site
                        sigpicCertainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter.
                        Ernest Hemingway, "On the Blue Water," Esquire, April 1936

                        Comment

                        • #13
                          ummmmmm456
                          Member
                          • Apr 2012
                          • 259

                          i'm looking for it right now..... now you got me all excited
                          Right action is better than knowledge; but in order to do what is right, we must know what is right.

                          Comment

                          • #14
                            OniKoroshi
                            Senior Member
                            • Sep 2011
                            • 1321

                            10 day wait exemption only applies to C&R firearms IIRC. Hopefully mssr elegante will chime in.

                            You would be 1 in 30 exempt for non-C&R pistols.

                            Comment

                            • #15
                              littlejake
                              Senior Member
                              • Aug 2008
                              • 2168

                              10 day wait exemption only applies to C&R firearms IIRC. Hopefully mssr elegante will chime in. Correct

                              You would be 1 in 30 exempt for non-C&R pistols. make that read all handguns with a C&R+COE -- except in jurisdictions like the city of L.A. who have their own 1 in 30 (Is there even a gun store left in the city of L.A.??)

                              And, ummmmmm456, You do not get to do only 1 DROS -- it's 1 gun per DROS and all DROS fees apply -- the software won't even accept more than one gun.
                              I think a dealer can put more than 1 gun on a 4473; but most do not as a matter of policy.


                              We have to get CGF to stop implementation of that unconstitutional law before it takes effect.
                              Last edited by littlejake; 05-12-2012, 5:04 PM.
                              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)

                              Comment

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