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I feel like I'm getting scammed! Re: Gun Safe Afadavit

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  • McMadCow
    Member
    • Jan 2006
    • 142

    I feel like I'm getting scammed! Re: Gun Safe Afadavit

    I'm going in to pick up a new (used) handgun tomorrow at a dealer here in The Bay Area. When I purchased the handgun they automatically tacked on a CA-approved gun lock. The problem is that I own a safe, and I told them I don't need the lock, I can sign the afadavit that affirms I own a gun safe, but they told me they can't do that anymore. The guy said it was new and there is no more form to sign and avoid buying the lock with a gun that doesn't include it.
    Well, I just bought another used handgun in Mid-October and I signed the afadavit and was on my merry way. What gives? Has there been a change in the procedure in the last month? Or are these guys scamming me for $15? And what good is this $1200 hunk of steel in my living room if I need a stupid little lock for security?
    If someone could point me in the direction of any new regs passed down I'd really appreciate. I'd like to go in there and be able to show them that they're in the wrong. I'm still going to pick up the gun, of course- got too good a deal on too cool a gun to walk away. But if I really am being scammed here I'm going to call the DOJ after the fact.
    Any info would be appreciated. Thanks.
  • #2
    Dr Rockso
    Veteran Member
    • Jan 2008
    • 3701

    I can't quote the law, but I believe this did change recently for handguns (long guns are still OK with a safe affidavit). You don't have to buy the lock from the shop, though, so some people will go buy it at wal-mart, bring the lock and the receipt to pick up the gun, and return the lock on their way home from the gun shop.

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    • #3
      hoffmang
      I need a LIFE!!
      • Apr 2006
      • 18448

      This is a problem with the interaction between Federal and California law. Librarian did an excellent job summarizing it on the Calguns Foundation wiki:


      -Gene
      Gene Hoffman
      Chairman, California Gun Rights Foundation

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      Opinions posted in this account are my own and not the approved position of any organization.
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      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        CA gun safe affidavit only works for long guns because the Feds have their own handgun safety lock regulations now and the CA affidavit does not meet the regulations.
        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

        • #5
          McMadCow
          Member
          • Jan 2006
          • 142

          Originally posted by ke6guj
          CA gun safe affidavit only works for long guns because the Feds have their own handgun safety lock regulations now and the CA affidavit does not meet the regulations.

          Wow, and when did it go into effect? Like I said I just picked up another pistol in Mid-October and the fadavit was sufficient. Bummer!

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Looks like it went into affect in 2005.

            Now, that pistol you picked up in Oct, perhaps it had a factory lock of some sort? Or was from a dealer who was not familiar with the new fed regulations.
            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

            • #7
              McMadCow
              Member
              • Jan 2006
              • 142

              Originally posted by ke6guj
              Looks like it went into affect in 2005.



              Now, that pistol you picked up in Oct, perhaps it had a factory lock of some sort? Or was from a dealer who was not familiar with the new fed regulations.

              Nope, no factory lock. It was a 1958 Hi-Standard Sport King. The one I'm picking up tomorrow is a 1941 H-S Model C. I've got a bit of a Hi-Standard fetish. Either way, I guess my first transaction was handled incorrectly by the dealer...?

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              • #8
                Seesm
                Calguns Addict
                • Nov 2008
                • 7812

                Cant you just bring in a gunlock from home and call it good?

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                • #9
                  domokun
                  Veteran Member
                  • Apr 2008
                  • 3525

                  Originally posted by Seesm
                  Cant you just bring in a gunlock from home and call it good?
                  No. The lock must have a receipt showing purchase of a CA DOJ approved gun lock within the last 30 days or come with a lock from the factory in order for it to work. However, the law does not say anything about you having to keep the lock once you've taken possession of the handgun and left the store.

                  What many people have done is purchased a lock from Walmart or any other store that isn't where you're picking up the handgun/firearm from and returned the lock after taking the handgun home.
                  "Can our form of government, our system of justice, survive if one can be denied a freedom because he might abuse it?" --Harlon Carter
                  "A government big enough to give you everything you want is a government big enough to take from you everything you have." --Gerald Ford
                  "Government is essentially the negation of liberty." --Ludwig von Mises
                  "You cannot invade mainland United States. There would be a rifle behind each blade of grass." --Admiral Yamamoto
                  USS Hornet ARC Member.

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                  • #10
                    hawk1
                    In Memoriam
                    • Dec 2005
                    • 7555

                    Originally posted by McMadCow
                    Nope, no factory lock. It was a 1958 Hi-Standard Sport King. The one I'm picking up tomorrow is a 1941 H-S Model C. I've got a bit of a Hi-Standard fetish. Either way, I guess my first transaction was handled incorrectly by the dealer...?
                    Some dealers know the law and some don't. I bought a handgun a couple weeks ago and the guy had no clue about the Handgun Safety Act of 2005.
                    I asked him to go ahead and photocopy the receipt of my lock anyways. I wasn't going to make a second trip back out to his shop to "fix things" once the feds catch up with him in an audit.
                    If you buy a handgun that is not new or without an approved lock, buy your lock at Walmart within 30 days of picking up (after DROS). The just return the lock at Walmart for refund.
                    sigpicNRA LIFE MEMBER

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                    • #11
                      Knauga
                      Senior Member
                      • Feb 2007
                      • 1383

                      Next time you buy a PPT firearm, just bring one of your DOJ approved locks, if you are like anybody else around here, you probably have a few, and give it to the seller to put with the gun. Now the gun is being sold WITH a CA DOJ approved lock.

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                      • #12
                        hawk1
                        In Memoriam
                        • Dec 2005
                        • 7555

                        Originally posted by Knauga
                        Next time you buy a PPT firearm, just bring one of your DOJ approved locks, if you are like anybody else around here, you probably have a few, and give it to the seller to put with the gun. Now the gun is being sold WITH a CA DOJ approved lock.
                        If the handgun is 'used' then this will not work. Used requires an approved lock (and receipt) purchased within 30 days.
                        sigpicNRA LIFE MEMBER

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                        • #13
                          kermit315
                          Calguns Addict
                          • Sep 2007
                          • 5928

                          hand write the reciept.....that is legal and cheap.

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                          • #14
                            383green
                            Veteran Member
                            • Jan 2006
                            • 4328

                            Originally posted by hawk1
                            If the handgun is 'used' then this will not work. Used requires an approved lock (and receipt) purchased within 30 days.
                            Then have the seller charge you $0.01 to return your lock at time of pick-up.
                            They don't care about your stupid guns! --Mitch
                            Mark J. Blair, NF6X

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                            • #15
                              hawk1
                              In Memoriam
                              • Dec 2005
                              • 7555

                              Originally posted by 383green
                              Then have the seller charge you $0.01 to return your lock at time of pick-up.
                              Why all the drama?
                              Just have the seller include a receipt for the lock if he's providing one.
                              No where does it say that has to be from 'xxx'. Just that you have an approved and a receipt.
                              sigpicNRA LIFE MEMBER

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