2015 DROS law and C&R / COE

[tvfreakarms]

Alrighty

2 by 2...hands of blue

[tvfreakarms]

When u do an address change for your c&r license can you just fill out the form 5300.38 and just fax it?
I've read old post that some people just wrote a letter and sent it to the atf. And they didn't need to fill out the form

2 by 2...hands of blue

[tvfreakarms]

My other question I forgot about my c&r license and its been over a yr. My stuff was stored away and I forgot about it.
I called the fflc and the lady just said go ahead and send in the address change renewal form. Basically I guess they will contact me if they need answers to why was late. Has anyone did the same thing?

2 by 2...hands of blue

[turtlini]

I bought a C&R rifle from an out of state dealer and the CADOJ told him he could not ship directly to me. Can anyone cite the relevant PC section to help me out?
PC 27565 / 27585 refer to taking possession out of state
PC 27966 / 27545 refer to a non-dealer transaction

If I do have to have the thing shipped to an FFL01 does he have to DROS it?
So far this FFL03+COE seem to be of no benefit.

[chknlyps2]

I bought a C&R rifle from an out of state dealer and the CADOJ told him he could not ship directly to me. Can anyone cite the relevant PC section to help me out?
PC 27565 / 27585 refer to taking possession out of state
PC 27966 / 27545 refer to a non-dealer transaction

If I do have to have the thing shipped to an FFL01 does he have to DROS it?
So far this FFL03+COE seem to be of no benefit.

Post 4 in this thread covers it.

PC 27545 http://leginfo.legislature.ca.gov/fa...ctionNum=27545 states that all firearms transfers must go through a dealer, PC 27966 in bold below states that if you follow (a) through (f) then section 27545 shall not apply.

What he said.
(but, you linked the wrong from)

The Collector In-State Acquisition of Curio or Relic Long Gun Report (BOF 961) is used to report the acquisition of a C&R long gun in CA. This includes having a C&R long gun shipped to your door. Form needs to be submitted within 30 days of acquiring the C&R long gun. [PC 27966]

The Curio or Relic Firearm Report (BOF 4100A) is used to report the importation of C&R firearms that are acquired while physically in another State. Form needs to be submitted within 5 days of returning to CA. [PC 27565]


Penal Code 27966
Commencing January 1, 2014, if all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.

Penal Code 27565
(a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.

[turtlini]

PC 27545
Where neither party to the transaction holds a dealer's
license issued pursuant to Sections 26700 to 26915, inclusive, the
parties to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Chapter 5 (commencing with Section 28050).

but in my case one party does have a dealer's license so it seems it wouldn't apply?

[tvfreakarms]

From my understanding if u have a c&r and coe u can have a rifle shipped to your house. But a pistol needs to go through an ffl 01

2 by 2...hands of blue

[chknlyps2]

PC 27545
Where neither party to the transaction holds a dealer's
license issued pursuant to Sections 26700 to 26915, inclusive, the
parties to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Chapter 5 (commencing with Section 28050).

but in my case one party does have a dealer's license so it seems it wouldn't apply?

If the receiver (you) satisfies the requirements (a) through (f)

(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.

PC 27545 shall not apply... which means forget about PC 27545 if you have (a) through (f) covered.