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  • #16
    PolishMike
    Calguns Addict
    • Nov 2007
    • 6034

    Originally posted by ke6guj
    OK, I can buy a brand new Glock, which comes with a factory handgun lock, and that is good enough for the law, but if I buy that same Glock, used, from a private party, with that same lock included, it isn't acceptable?
    Yep, that's Federal law...
    Artist formally known as CEO of Tracy Rifle and Pistol

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    • #17
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44094

      Federal law just says that a lock must leave the store with a handgun. The 30 day thing is California law. Many FFLs don't want to deal with the differences between the two and want to make extra profit so, they insist that you buy a $5 lock from them for $25! If your FFL does this, find a new FFL who is honest!
      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
      California DOJ Certified Fingerprint Roller
      Ventura County approved CCW Instructor
      Utah CCW Instructor


      Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

      sigpic
      CCW SAFE MEMBERSHIPS HERE

      KM6WLV

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      • #18
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by PolishMike
        Yep, that's Federal law...
        It should satisfy state law as well.


        12088.1(a) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.
        That hypothetical Glock PPT would be accompanied by a an FSD, so 12088.1 should be covered.
        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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        • #19
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44669

          Originally posted by PolishMike
          Yep, that's Federal law...
          Well, no, it isn't.

          What 18 USC 922 (z) says is that a buyer must be " provided with a secure gun storage or safety device (as defined in
          section 921 (a)(34)) for that handgun. "

          Despite BATF intimations to the contrary, 'provided with' is not the same as 'purchased at the same time as the handgun'; we know this because 18 USC 921 (a)(34) allows gun safes to qualify for 'secure gun storage' and no one in his right mind would require the purchase of a gun safe every time one bought a handgun.

          See the wiki.

          Then again 'in his right mind' and 'BATF' do seem sometimes to be non-intersecting sets.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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          • #20
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by CSACANNONEER
            Federal law just says that a lock must leave the store with a handgun. The 30 day thing is California law. Many FFLs don't want to deal with the differences between the two and want to make extra profit so, they insist that you buy a $5 lock from them for $25! If your FFL does this, find a new FFL who is honest!
            the 30-day thing applies if the purchaser/transferee supplies the lock. If the seller provides the lock, there is no "30-day" rule.
            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

            • #21
              Napalm Bulldog
              Veteran Member
              • Jun 2009
              • 4266

              Just go to Walmart buy a lock then show the reciept when getting gun, After done take it back for a refund. EASY. No one says you have to apply the lock.

              Comment

              • #22
                theneko
                Senior Member
                • Feb 2008
                • 1173

                I appreciate the suggestions, and it may be the simplest thing to buy a cheap lock and then return it.

                BUT-- can anyone tell me why what I'm doing is not "correct" ? Or is CSACANNONEER
                right that I need to find a better FFL? The lock and the "recieipt" from the PD seem to meet the letter and spirit of the law. That is free, and does not involve a separate trip back to the store to return it. Yes I end up with a drawer full of locks but periodically I take them back to the PD to replenish their stock.

                (This is turning out to be an interesting thread! Thanks again for all the thoughtful replies. Sounds like there is some confusion in general around this topic...)
                TheNeko

                Comment

                • #23
                  Mr. Beretta
                  Calguns Addict
                  • Dec 2005
                  • 6614

                  I gave up trying to figure this out years ago. I got tired of arguing with the FFL. I just buy the lock and throw it in the drawer when I get home with all the others.

                  Comment

                  • #24
                    SgtDinosaur
                    Senior Member
                    • Dec 2008
                    • 1386

                    Originally posted by Mr. Beretta
                    I gave up trying to figure this out years ago. I got tired of arguing with the FFL. I just buy the lock and throw it in the drawer when I get home with all the others.
                    Yes, I seem to be starting a collection too. It is mildly irritating. For a while the safe affidavit was working just fine.
                    sigpic

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                    • #25
                      CSACANNONEER
                      CGN/CGSSA Contributor - Lifetime
                      CGN Contributor - Lifetime
                      • Dec 2006
                      • 44094

                      Originally posted by theneko
                      I appreciate the suggestions, and it may be the simplest thing to buy a cheap lock and then return it.

                      BUT-- can anyone tell me why what I'm doing is not "correct" ? Or is CSACANNONEER
                      right that I need to find a better FFL? The lock and the "recieipt" from the PD seem to meet the letter and spirit of the law. That is free, and does not involve a separate trip back to the store to return it. Yes I end up with a drawer full of locks but periodically I take them back to the PD to replenish their stock.

                      (This is turning out to be an interesting thread! Thanks again for all the thoughtful replies. Sounds like there is some confusion in general around this topic...)
                      I don't think that our opinion about locks differ. You are complying with the law but, your FFL interprets the law differently (possibly to make a profit on a lock). My FFL of choice provides me with a free lock every time I leave his shop with a handgun. I always return the favor and give him my unused, Ca approved, firearm locks to sell or give away to the needy. Again, Ca law specifies that you either need to purchase a lock within 30 days ( if a lock comes with the gun, you are purchasing it with the gun) or have a safe. Federal law requires a lock to be present when removing the handgun from the shop. So, in all reality, you could still use a safe affidavit and a lock that was given to you to meet both state and Federal law. Unfortunately, some FFLs don't want to think for themselves and only do what some DOJ monkey verbally tells them is the only proper way. They would rather cost their customers time and money than do something that some flunky DOJ rep arbitrarily decides is the law.

                      If you really like your FFL, your wife, your job, etc., sometimes you just need to put up with the little things which you don't like. If you can't stand a particular quirk, it's time to move on.
                      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                      California DOJ Certified Fingerprint Roller
                      Ventura County approved CCW Instructor
                      Utah CCW Instructor


                      Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                      sigpic
                      CCW SAFE MEMBERSHIPS HERE

                      KM6WLV

                      Comment

                      • #26
                        Big Jake
                        I need a LIFE!!
                        • Jul 2009
                        • 12509

                        You can also sign the affidavit certifying you have a gun safe if this, in fact, the case!
                        "Life Is Hard. It's Harder When You're Stupid"-John Wayne!

                        "Liberalism Is A Mental Disorder"-Michael Savage!

                        "The Object of Life Is Not To Be On The Side Of The Majority, But To Escape Finding Oneself In The Ranks Of The Insane"-Marcus Aurelius!

                        "Dr. Thomas Sowell Is A National Treasure"-Big Jake!

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                        • #27
                          Army
                          Veteran Member
                          • Oct 2005
                          • 3915

                          My dealer gives me a refund reciept for the return of a lock that I bought but never saw
                          "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself...A murderer is less to fear. The traitor is the plague."......Cicero

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                          • #28
                            kmca
                            Senior Member
                            • Oct 2005
                            • 2371

                            Originally posted by Big Jake
                            You can also sign the affidavit certifying you have a gun safe if this, in fact, the case!
                            As stated above, that affidavit only satisfies the California law, not the federal.

                            Comment

                            • #29
                              ITZJT
                              Senior Member
                              • Apr 2009
                              • 861

                              I've had them tell me if its the original lock with the gun I was doing a PPT on it was fine and also had them tell me buy the lock here now and return it on your way out the door.
                              J.T.
                              sigpic

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                              • #30
                                Baconator
                                Bacon makes it better
                                CGN Contributor - Lifetime
                                • Jan 2009
                                • 9547

                                I have never had to buy a lock. I bought a XD 45 through PPT and it didn't have a lock, and the FFL didn't make me buy a lock. I sold a Beretta to a guy on here without a lock, again he didn't have to buy a lock. I don't understand this whole deal.

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