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Can 10-day wait start when gun is ordered?

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  • winnre
    Calguns Addict
    • Apr 2010
    • 9214

    Can 10-day wait start when gun is ordered?

    I want a rifle that apparently needs to be modded before coming in to Cali. So they can send it to a middleman in Texas, who can adapt it and send it on to my local FFL.

    So, when I buy the rifle online, who not start the DROS at my local FFL the same day? We will have serial number, description, etc. By the time it gets modded and delivered that can be ten days right there. Why start the day it arrives at the local FFL if we already know all the information we need for the DROS anyway?
    "If Jesus had a gun he would be alive today"-Homer Simpson
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    some FFLs will, others won't. Just depends on their personal policy.
    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

    • #3
      wilit
      Calguns Addict
      • Dec 2005
      • 5210

      Legally, I don't believe long guns need to be in hand when starting the DROS, unlike handguns because the serial number is not recorded on long guns. However, like ke6guj said, it's up to the FFL.
      "If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
      "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
      "You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22
      "The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr.
      sigpic

      Comment

      • #4
        JeffM
        Veteran Member
        • Sep 2007
        • 4359

        The firearm need-not be present to start a DROS. This is true even with handguns, but the dealer does need all the relevant info to enter into the system.

        A DROS is good for 30 days. If you do not pick the gun up within 30 days of starting the DROS you will need to start another, pay another fee, and wait another 10 days.

        Comment

        • #5
          Plisk
          Veteran Member
          • Mar 2009
          • 3007

          Legally, by the book the weapon needs to be in the hands of an FFL to transfer.

          It is true some FFLs, can pre-start a DROS with appropriate info before hand.
          "If it wears out, replace it. If it breaks, upgrade." -Cranky Air Force Vet.

          Kevin

          Comment

          • #6
            ir0nclash86
            Veteran Member
            • May 2010
            • 3601

            Originally posted by JeffM
            The firearm need-not be present to start a DROS. This is true even with handguns, but the dealer does need all the relevant info to enter into the system.

            A DROS is good for 30 days. If you do not pick the gun up within 30 days of starting the DROS you will need to start another, pay another fee, and wait another 10 days.
            This is correct. I always start my DROS early before my gun even ships from online purchases.

            Comment

            • #7
              Plisk
              Veteran Member
              • Mar 2009
              • 3007

              Originally posted by ir0nclash86
              This is correct. I always start my DROS early before my gun even ships from online purchases.
              No, the above is not correct. A dealer cannot legally begin the transfer of a firearm to an individual, of the dealer does not already have possession of the firearm.

              I know that if DOJ or ATF walked in for an audit and pulled an active DROS for a firearm we had not already received... there's a very strong chance we'd be shut down on the spot.

              Yes, it is very true that some dealers do start DROS early, it's the dealers choice to do that.
              "If it wears out, replace it. If it breaks, upgrade." -Cranky Air Force Vet.

              Kevin

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                AFAIK, there are ways that it can be done legally. For instance, I think that they could start the DROS with the information of a different long gun and then correct the 4473 with the info from the transfered long gun when it comes in. But, do they even need to list anything on the 4473 when the DROS is started? So, in that case, they'd just have an open long gun DROS/4473 with no long gun info.

                And regarding handguns, I know that even Turner's will start a DROS when they don't have the handgun in possession. They'll get the info from the warehouse and start the DROS. The handgun may not arrive at the store for a week or so.
                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

                • #9
                  Plisk
                  Veteran Member
                  • Mar 2009
                  • 3007

                  Originally posted by ke6guj
                  AFAIK, there are ways that it can be done legally. For instance, I think that they could start the DROS with the information of a different long gun and then correct the 4473 with the info from the transfered long gun when it comes in. But, do they even need to list anything on the 4473 when the DROS is started? So, in that case, they'd just have an open long gun DROS/4473 with no long gun info.

                  And regarding handguns, I know that even Turner's will start a DROS when they don't have the handgun in possession. They'll get the info from the warehouse and start the DROS. The handgun may not arrive at the store for a week or so.
                  Putting different longun info on a 4473 could technically work, but it would be confusing as all hell to keep track of when it comes time for corrections. As for a blank 4473, it's an interesting idea I'm not too sure about that one.

                  As for what Turners does, it completely makes sense. I don't argue with pre-DROSing handguns that way since it's all one source of inventory for the whole chain. But for other, non-conglomerate shops we can't all be so lucky.
                  "If it wears out, replace it. If it breaks, upgrade." -Cranky Air Force Vet.

                  Kevin

                  Comment

                  • #10
                    dirtyJ
                    Senior Member
                    • Oct 2008
                    • 1002

                    A dealer does not need to be in possession of any gun prior to starting the paperwork, this includes handguns, as long as all relevant information is available and correct. During our audit we had something like 12 DROSs that were still within the 10 day wait, and 4 of them were for guns that we didn't have on hand yet, including one pistol. We got the standard evil eye, but were confirmed in what we were doing was totally legal.
                    My posts are my own opinion and reflect no official positions of anyone other than myself.

                    Comment

                    • #11
                      JeffM
                      Veteran Member
                      • Sep 2007
                      • 4359

                      Originally posted by Plisk
                      No, the above is not correct. A dealer cannot legally begin the transfer of a firearm to an individual, of the dealer does not already have possession of the firearm.

                      I know that if DOJ or ATF walked in for an audit and pulled an active DROS for a firearm we had not already received... there's a very strong chance we'd be shut down on the spot.

                      Yes, it is very true that some dealers do start DROS early, it's the dealers choice to do that.
                      Please cite the Penal Code, CCR, US Code Sections, or BATF and DOJ rulings or memos that relate to your assertion that a Dealer Record of Sale or 4473 cannot be filled out or submitted prior to the firearm arriving at the dealer.

                      Comment

                      • #12
                        gunenvy
                        Member
                        • Jan 2010
                        • 171

                        I know some have asked us to provide the serial number before the gun was even close to California, so we now enter it on orders so folks know it before it arrives. Am assuming some have done the paperwork early.
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                        Contact us if you need a Middle Man for transfers into CA.

                        Comment

                        • #13
                          Fjold
                          I need a LIFE!!
                          • Oct 2005
                          • 22948

                          Originally posted by JeffM
                          Please cite the Penal Code, CCR, US Code Sections, or BATF and DOJ rulings or memos that relate to your assertion that a Dealer Record of Sale or 4473 cannot be filled out or submitted prior to the firearm arriving at the dealer.
                          Does DROS apply Federally?
                          Frank

                          One rifle, one planet, Holland's 375




                          Life Member NRA, CRPA and SAF

                          Comment

                          • #14
                            plan-b
                            Senior Member
                            • Oct 2009
                            • 680

                            DROS is a CA thing. I bought a handgun and two rifles when I lived in MI and didn't need to deal with DROS fees/headaches. The 4473 and NICS are federal things though.

                            Comment

                            • #15
                              Big Jake
                              I need a LIFE!!
                              • Jul 2009
                              • 12509

                              Originally posted by winnre
                              I want a rifle that apparently needs to be modded before coming in to Cali. So they can send it to a middleman in Texas, who can adapt it and send it on to my local FFL.

                              So, when I buy the rifle online, who not start the DROS at my local FFL the same day? We will have serial number, description, etc. By the time it gets modded and delivered that can be ten days right there. Why start the day it arrives at the local FFL if we already know all the information we need for the DROS anyway?
                              I did this when I bought a custom rifle last year from a Colorodo manufacturer. I got the SN over the phone and went to an FFL who began the DROS right away. When the gun arrrived at the FFL I had completed my ten day wait and I picked it up no problem.

                              The FFL I used for this was Gun World Burbank and they aere great about it. If you want to contact them here is their website...

                              "Life Is Hard. It's Harder When You're Stupid"-John Wayne!

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                              "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!

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