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Question about C&R and off-roster handguns

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  • Aspec5vz
    Senior Member
    • Aug 2010
    • 1413

    Question about C&R and off-roster handguns

    It's my understanding that an off-roster pistol is exempt from the roster if it's classified as C&R (50 years or older) and can therefor be shipped from another state to an FFL correct?

    There is an off-roster handgun in Florida I would like to buy that was made in 1962; in 2012 it will be considered C&R. My question is: at what point does that handgun become eligible for me to buy? Can I buy it Jan. 1st 2012 or do I need to find what month it was built in then buy it that month in 2012?

    Hope that makes sense...
    Last edited by Aspec5vz; 12-03-2011, 10:56 PM.
    Sic Parvis Magna

    Wtb: Walther PPS, Walther P5...Walther anything lol
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    basically, it doesn't automatically turn C&R until 12-31-12, 50-years from the end for 1962. But if you can narrow down the born-on date to an earlier month/date, then it would become C&R on that date in 2012. But if you can't pinpoint a date, then you have to assume it was made on new year's eve 1962.
    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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    • #3
      Aspec5vz
      Senior Member
      • Aug 2010
      • 1413

      Not really what I wanted to hear but nothing is ever easy in CA is it?

      If I could pinpoint the date of manufacture would I need to provide some sort of proof that the handgun is indeed C&R to an FFL?
      Sic Parvis Magna

      Wtb: Walther PPS, Walther P5...Walther anything lol

      Comment

      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        Most FFL's will want some sort of proof as a CYA before transferring something as roster exempt to you if it's not stamped with a year or well known. Do not know enough about the DROS system specifics, but I do not think "year manufactured" is a required field, I'd guess they will just mark it roster exempt > C&R and keep something on file that notes the specific day if that has to be the case.
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

        Comment

        • #5
          pingpong
          Calguns Addict
          • Apr 2008
          • 5450

          If the handgun is classified as a C&R, it does not need to be on the roster, regardless of what year the gun was manufactured in. It's only for long guns where you have to worry about the year.

          CA PC12132g
          Last edited by pingpong; 12-03-2011, 11:43 PM.
          Originally posted by luchador768
          We also had a lot of wannabe gangsters putting the display pistols down thier pants to "try them on.". If you bought a display handgun from the Riverside Turners in the 1990's there's a greater than average chance that there is cholo crotch on it.

          Comment

          • #6
            pingpong
            Calguns Addict
            • Apr 2008
            • 5450

            Heres an old thread with the same question

            Originally posted by luchador768
            We also had a lot of wannabe gangsters putting the display pistols down thier pants to "try them on.". If you bought a display handgun from the Riverside Turners in the 1990's there's a greater than average chance that there is cholo crotch on it.

            Comment

            • #7
              lorax3
              Super Moderator
              CGN Contributor - Lifetime
              • Jan 2009
              • 4633

              Originally posted by pingpong
              If the handgun is classified as a C&R, it does not need to be on the roster, regardless of what year the gun was manufactured in.
              This is correct, however in the OP he notes it will be "C&R" only by virtue of age. So he would need to know the age as from the OP there is no indication its on the federal C&R list.
              You think you know, but you have no idea.

              The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

              Comment

              • #8
                Aspec5vz
                Senior Member
                • Aug 2010
                • 1413

                Hm interesting...thanks for the link! Now I have to look for that federal list of handguns classified as C&R.
                Sic Parvis Magna

                Wtb: Walther PPS, Walther P5...Walther anything lol

                Comment

                • #9
                  pingpong
                  Calguns Addict
                  • Apr 2008
                  • 5450

                  Originally posted by lorax3
                  This is correct, however in the OP he notes it will be "C&R" only by virtue of age. So he would need to know the age as from the OP there is no indication its on the federal C&R list.
                  IIRC that only applies to long-guns. In CA handguns still need to be explicitly on the federal C&R list in order to be exempt from the Roster, regardless of age.

                  I may be wrong on that, so you may want to double-check, but I'm fairly certain that's the case with handguns.

                  On second thought, maybe I'm wrong. Disregard what I've said.

                  On third thought, I probably am wrong.
                  Last edited by pingpong; 12-04-2011, 12:04 AM.
                  Originally posted by luchador768
                  We also had a lot of wannabe gangsters putting the display pistols down thier pants to "try them on.". If you bought a display handgun from the Riverside Turners in the 1990's there's a greater than average chance that there is cholo crotch on it.

                  Comment

                  • #10
                    Aspec5vz
                    Senior Member
                    • Aug 2010
                    • 1413

                    Yea I didn't think that was the case but then I'm the one asking questions lol.

                    Found the list; the Walther P5 isn't on it
                    Sic Parvis Magna

                    Wtb: Walther PPS, Walther P5...Walther anything lol

                    Comment

                    • #11
                      Mssr. Eleganté
                      Blue Blaze Irregular
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10401

                      Originally posted by pingpong
                      IIRC that only applies to long-guns. In CA handguns still need to be explicitly on the federal C&R list in order to be exempt from the Roster, regardless of age.

                      I may be wrong on that, so you may want to double-check, but I'm fairly certain that's the case with handguns.

                      On second thought, maybe I'm wrong. Disregard what I've said.

                      On third thought, I probably am wrong.
                      You are correct about being wrong.
                      __________________

                      "Knowledge is power... For REAL!" - Jack Austin

                      Comment

                      • #12
                        pingpong
                        Calguns Addict
                        • Apr 2008
                        • 5450

                        You are correct about being wrong.
                        On the bright side, me being wrong means it's easier for the OP to get what he wants .
                        Originally posted by luchador768
                        We also had a lot of wannabe gangsters putting the display pistols down thier pants to "try them on.". If you bought a display handgun from the Riverside Turners in the 1990's there's a greater than average chance that there is cholo crotch on it.

                        Comment

                        • #13
                          Quiet
                          retired Goon
                          • Mar 2007
                          • 30242

                          Originally posted by pingpong
                          In CA handguns still need to be explicitly on the federal C&R list in order to be exempt from the Roster, regardless of age.


                          Penal Code 12132
                          This chapter shall not apply to any of the following:
                          (g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 178.11 of the Code of Federal Regulations.

                          27 CFR 178.11
                          Curios or relics.
                          Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:
                          (a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
                          (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
                          (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector’s items, or that the value of like firearms available in ordinary commercial channels is substantially less.
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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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