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FFL03 + COE = no HSC for C&R Pistol?

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  • Capybara
    CGSSA Coordinator
    CGN Contributor
    • Feb 2012
    • 15217

    FFL03 + COE = no HSC for C&R Pistol?

    I have had my FFL03 for about two years now and have bought lots of nice guns with it. I have never had a C&R handgun sent to an FFL01 here though, I have bought all of mine out of state. When I take delivery of a C&R handgun from my FFL01, am I required to also have my HSC or does having the FFL03 + COE negate that requirement when taking delivery of a C&R Handgun? Wondering if I will need to obtain an FSC next year?

    Same question. If I posses a CCW, does that negate having to have an HSC/FSC from next year onward?
    NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

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  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    valid C&R FFL & valid COE = exempt from HSC/FSC for C&R firearms [PC 31700(a)(6)]
    valid CA LTC permit = exempt from HSC/FSC [PC 31700(a)(9)]


    Penal Code 31700 (current)
    (a) The following persons, properly identified, are exempted from the handgun safety certificate requirement in subdivision (a) of Section 31615:
    (6) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.
    (9) Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

    Penal Code 31700 (starting 01-01-2015)
    (a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
    (6) A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.
    (9) Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
    Last edited by Quiet; 12-03-2014, 9:45 AM. Reason: PC cites
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    "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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    • #3
      Capybara
      CGSSA Coordinator
      CGN Contributor
      • Feb 2012
      • 15217

      Thanks Quiet, you are a scholar, avid poster and gentleman. I thought I had heard that but did not research the actual PC and was definitely not up on the new rules for the FSC in 2015.
      NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

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      • #4
        Garand1911
        Senior Member
        • Sep 2002
        • 1443

        is it worth having a C&R in kali?
        do you self register long guns ?
        "I saved your life, AND brought you pizza" -- Me

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        • #5
          Tovarish
          Senior Member
          • Sep 2014
          • 1615

          Originally posted by Garand1911
          is it worth having a C&R in kali?
          do you self register long guns ?
          Yes and no.

          If you purchase a C&R long gun face-to-face from a private party, then yes you can self-register as long as you have both the FFL03 AND a California certificate of eligibility. I tried to do this once but the seller felt uncomfortable and made me use an FFL anyway.

          The FFL03's only benefit alone, IIRC, is that you can buy C&R guns out-of-state. So you can go to the big deal gun show in Phoenix, buy as many C&R guns as you want, and bring them right back to California without using an FFL or having a waiting period. That's because federal law honors the FFL03 but California law does not honor an FFL03 unless you also get the Certificate of Eligibility.

          To get any benefits on transfers performed in California, you need both the FFL03 and the Certificate of Eligibility. For many this is a dealbreaker because the COE costs about 90 bucks up-front (renewals are cheaper).

          I got both, and since then I've enjoyed several benefits, including being exempt from the 1-in-30 on handguns and being able to take home C&Rs on the same day.

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          • #6
            SanPedroShooter
            Calguns Addict
            • Jan 2010
            • 9732

            Originally posted by Tovarish
            Yes and no.

            If you purchase a C&R long gun face-to-face from a private party, then yes you can self-register as long as you have both the FFL03 AND a California certificate of eligibility. I tried to do this once but the seller felt uncomfortable and made me use an FFL anyway.

            The FFL03's only benefit alone, IIRC, is that you can buy C&R guns out-of-state. So you can go to the big deal gun show in Phoenix, buy as many C&R guns as you want, and bring them right back to California without using an FFL or having a waiting period. That's because federal law honors the FFL03 but California law does not honor an FFL03 unless you also get the Certificate of Eligibility.

            To get any benefits on transfers performed in California, you need both the FFL03 and the Certificate of Eligibility. For many this is a dealbreaker because the COE costs about 90 bucks up-front (renewals are cheaper).

            I got both, and since then I've enjoyed several benefits, including being exempt from the 1-in-30 on handguns and being able to take home C&Rs on the same day.
            He made you use another FFL anyway? Did you get him to knock the drive (twice) and transfer fine off the price?
            Last edited by SanPedroShooter; 12-04-2014, 8:07 AM.

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            • #7
              knucklehead0202
              Veteran Member
              • Aug 2008
              • 4086

              Originally posted by Garand1911
              is it worth having a C&R in kali?
              do you self register long guns ?
              No and yes, lol.

              At this point you DO have to self-register anything you buy with your 03, including long guns. You can online order things from out of state, or buy out of state, but you're still required to fill out the self-registration form and mail it in with, of course, an extortion fee. After all that mess it hardly seems worth it to me anyway. Also bear in mind that having any kind of FFL means that your door is always open to ATF and DOJ, so you'd better have all your ducks in a row if they decide to "audit" you. I'll wait 'til I'm somewhere that having an 03 means you actually get benefits without needing lube.

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              • #8
                SanPedroShooter
                Calguns Addict
                • Jan 2010
                • 9732

                Still looking for the actual penalty for failure to register.

                I cant read the PC, Im illiterate.

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                • #9
                  six seven tango
                  CGSSA Associate
                  • Jan 2012
                  • 1725

                  Originally posted by knucklehead0202
                  No and yes, lol.

                  At this point you DO have to self-register anything you buy with your 03, including long guns. You can online order things from out of state, or buy out of state, but you're still required to fill out the self-registration form and mail it in with, of course, an extortion fee...
                  C&R handguns bought online MUST still go thru an 01 and be DROS'd. Your are exempt from the 10 day wait and the 1 in 30, but you're still paying the 01 for the privilage of receiving it for you. C&R handguns bought in state...same thing. You can buy C&R handguns FTF out of state and not have to go thru an 01, but you will have to self register.
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                  When Injustice Becomes Law, Resistance is Duty


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                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by SanPedroShooter
                    Still looking for the actual penalty for failure to register.

                    I cant read the PC, Im illiterate.
                    Failing to register C&R long guns, is a misdemeanor. [PC 27590(a)]


                    Penal Code 27590
                    (a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
                    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).

                    Comment

                    • #11
                      Bobby Ricigliano
                      Mit Gott und Mauser
                      CGN Contributor
                      • Feb 2011
                      • 17439

                      Originally posted by knucklehead0202
                      No and yes, lol.

                      At this point you DO have to self-register anything you buy with your 03, including long guns. You can online order things from out of state, or buy out of state, but you're still required to fill out the self-registration form and mail it in with, of course, an extortion fee. After all that mess it hardly seems worth it to me anyway. Also bear in mind that having any kind of FFL means that your door is always open to ATF and DOJ, so you'd better have all your ducks in a row if they decide to "audit" you. I'll wait 'til I'm somewhere that having an 03 means you actually get benefits without needing lube.
                      The benefit to the FFL03 and COE is that you can deal with online retailers and out of state sellers and take direct delivery of long guns. Virtually all of the nice C&R's I have now were purchased online or via auctions. It is very hard to find certain types of firearms with local markets as your only source. And the extortion fee for sending out of state C&R's to dealer 01's is far worse than the FFL COE costs.

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                      • #12
                        SanPedroShooter
                        Calguns Addict
                        • Jan 2010
                        • 9732

                        Originally posted by Quiet
                        Failing to register C&R long guns, is a misdemeanor. [PC 27590(a)]


                        Penal Code 27590
                        (a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
                        Thank you.

                        As usual, crime doesnt pay.

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