Handgun / Gunsafe Law Clarification

[DisturbedAle]

Hello All,

I recently purchased a Heritage Rough Rider .22 Revolver and it doesn't include a DOJ Approved lock. I want to avoid 'wasting' the $7, which I already did and intend on returning.

I would rather put the $7 towards a gun safe... The below is what I want to buy, it is on the CA DOJ Approved List.

http://www.amazon.com/Stack-On-PDS-500-Drawer-Safe-Electronic/dp/B002KEIU4W/ref=sr_1_1?ie=UTF8&qid=1340032154&sr=8-1&keywords=gun+safe

However, according to the CA DOJ Website...

Transfers of firearms to persons who demonstrate ownership of a qualifying gun safe. Ownership may be demonstrated by displaying to the firearms dealer: 1) A receipt indicating purchase of, or an affidavit, signed under penalty of perjury, stating that the purchaser owns a gun safe, and 2) An affidavit, signed under penalty of perjury, stating that the gun safe meets the standards set forth in DOJ regulations.

If I buy this, safe, can I consistently show the receipt for any handgun purchases / transfers, even after 30 days?


Thanks in advance!

[keenkeen]

Not for handguns...

[Mongoblack23]

yup. only applies to long guns. a handgun has to walk out with a lock...

[DisturbedAle]

Thanks for the quick reply guys!

Another question then.... Regarding ppt, how does gun locks work for that? The gun I purchased via PPT had a CA approved DOJ gun lock from mfg, but it is not new. Will they require me to purchase one?

[Librarian]

Thanks for the quick reply guys!

Another question then.... Regarding ppt, how does gun locks work for that? The gun I purchased via PPT had a CA approved DOJ gun lock from mfg, but it is not new. Will they require me to purchase one?

Variable. That should work, but the dealer needs some kind of record that the gun left with the appropriate 'safety device', following all the rules. Some still require the separate purchase.

See also the wiki -- http://wiki.calgunsfoundation.org/Bu...es.2C_and_Laws

[Yemff]

depends on the ffl, some will want you to buy a lock from them unless you show a receipt you bought within the last 30 days. Many people go buy a lock from walmart, then return it after they do their transfer, a little too much effort over $7 for me.

[hermosabeach]

Not that $7 is much money, but a lot of Police departments give out a free gun lock as part of a state program. Call your local station to see if they have gun locks available

Ps. I am also a fan of supporting my local dealers. If they. Lose, then everyone is disadvantaged. If they make an extra $3 or $4 by making me buy a lock, i have no issues with helping them out

[roushstage2]

Buy the lock from them, go put the handgun in your car and then go back in and return the lock. I did that at Sportsman's Warehouse. However, they seemed kind of...confused as to why I was returning a firearm lock I didn't need, lol.

[surfguy]

The last time I bought a stripped lower, the FFL gave me a lock. I left it in the box full of them next to the door. Seemed pretty cool to me since I have my own collection of them at home.

[Decoligny]

Not that $7 is much money, but a lot of Police departments give out a free gun lock as part of a state program. Call your local station to see if they have gun locks available

Ps. I am also a fan of supporting my local dealers. If they. Lose, then everyone is disadvantaged. If they make an extra $3 or $4 by making me buy a lock, i have no issues with helping them out

The police however do not provide a receipt showing that the lock was purchased/obtained within the past 30 days.

They give away gun locks to encourage people to keep their guns locked up so they can't be used, not to allow for the legal purchase of a handgun.

[CBruce]

Variable. That should work, but the dealer needs some kind of record that the gun left with the appropriate 'safety device', following all the rules. Some still require the separate purchase.

See also the wiki -- http://wiki.calgunsfoundation.org/Bu...es.2C_and_Laws

Why are these laws so damn confusing?

California Penal Code Section 23635 section a states:

Any firearm sold or transferred in this state by a
licensed firearms dealer, including a private transfer through a
dealer, and any firearm manufactured in this state, shall include or
be accompanied by a firearm safety device that is listed on the
Department of Justice's roster of approved firearm 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.

Doesn't that state that if you transfer a gun through a PPT that as long as it comes with a gun lock (or other appropriate safety device) then there's no need to buy a new one?

The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 23650. Gun safes shall not be required
to be tested, and therefore may meet the standards without appearing
on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase or ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealer's record of sales of firearms.

Doesn't that further state that you don't need a gun lock if you own a gun safe that meets the standards and present a receipt or other proof of purchase of said safe.

The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
(2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to
the firearms dealer, which shows the date of purchase, the name, and
the model number of the safety device.
(4) The firearms dealer verifies that the requirements in
paragraphs (1) to (3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealer's record of sales of firearms.

Even further, further...doesn't this section state that you don't need a gun lock (or safe) if you have bought a safety device within the past 30 days, present the device and a receipt, the deler verifies that everything is koscher and keeps a copy of the receipt.

To me that suggests 3 seperate ways to take possesion of a gun through a dealer. Either it comes with a gun lock or other approved safety device, you prove you have a save, or you show that you've got a gun lock and prove that you bought it within the past 30 days.

If that's the case, then why did the dealer who handled my PPT stick me with an $11 gun lock when there was already one in the damn gun?

[Librarian]

Proving you have a safe does not meet BATF desires as they enforce Federal law on locks for handguns.