2015 DROS law and C&R / COE

[Hammertime]

Hi, sorry if this has been posted, but I was wondering if the new law that all long guns must be DROSed even if one has a C&R / COE. I am specifically inquiring as to C&R long guns sent FROM DEALERS to C&R / COE holders.
I was thinking of getting my paperwork done to get long guns shipped to me, but if those documents do nothing for shipments, I might pass.
Any help is appreciated. If you could cite the actual law saying yea or nay, that would be wonderful.
HT

[HibikiR]

If you have both a C&R and a COE then you can have a C&R long gun sent to your front door. You will have to fill out a registration form and pay $19 within 5 days of taking possession.

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/curioapp.pdf?

C&R handguns must go through a 01 FFL, but with both the C&R and COE you can skip the FSC, 10 day wait, and 1-in-30. You might need to double check the FFL's work because if he does it wrong then the last C&R handgun you get might be the start of a 1-in-30 that will affect your modern handgun purchases.

[Quiet]

FYI.
It went into effect in 2014, not 2015.

[Quiet]

If you have both a C&R and a COE then you can have a C&R long gun sent to your front door. You will have to fill out a registration form and pay $19 within 5 days of taking possession.

C&R handguns must go through a 01 FFL, but with both the C&R and COE you can skip the FSC, 10 day wait, and 1-in-30. You might need to double check the FFL's work because if he does it wrong then the last C&R handgun you get might be the start of a 1-in-30 that will affect your modern handgun purchases.

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.

[Hammertime]

[six seven tango]

Thanks for the replies. I am still concerned, because all I've heard about, starting Jan 1st, 2015, all long guns MUST be DROSed, which, I would believe, includes C&R's.
I can't find the specific law in California's websites or on Google, but I would like to have the security of knowing I'm not doing anything illegal.

Not DROS'd...registered. That's what the forms that Quiet listed are for. If you have an 03 and COE, that's all you need for C&R long guns.

[Hammertime]

Can you please provide the specific California law that says that?
Thank you very much!
HT

[Quiet]

Can you please provide the specific California law that says that?
Thank you very much!
HT

See post #4 in this thread.

[HibikiR]

The information you're looking for is on Page 2 of the links in Quiet's post.

Since you aren't taking possession out of state (i.e. picking it up in Arizona and bringing it into CA yourself) you should focus on the first link.

[six seven tango]

If you buy a C&R from a CA dealer (01), then the transaction is handled like a regular purchase, with the exception of no FSC requirement or 10 day wait. No self registration is required by you. Just log the gun in to you bound book as coming from the 01. He will need a copy of your 03 and COE and you will need a copy of his 01.

If you buy a C&R long gun from a private party, no 01 is required as long as you have your 03 and COE. Long in to your bound book and submit form BOF 961.

If you buy a C&R long gun from out of state (dealer or private party) and have it shipped to your door, no 01 is required. Log it in to your bound book, fill out and submit form BOF 961, and you're done.

If you buy a C&R gun in person while out of state, log it in to your bound book, fill out and submit form BOF 4100A.

All in state or mail order handguns MUST go thru an 01. No HSC, 10 day wait or 1 in 30 applies to 03 with COE.

[Hammertime]

Well I called DOJ, and they said that it is NOT legal to ship from an 01 or similar, to a C&R / COE holder, as of 1/1/15. They said that there is a lack of knowledge on this online, because they have not posted the law on the DOJ website, but that they are planning on getting the new 2015 regulations up by April....go figure....

[six seven tango]

Well I called DOJ, and they said that it is NOT legal to ship from an 01 or similar, to a C&R / COE holder, as of 1/1/15. They said that there is a lack of knowledge on this online, because they have not posted the law on the DOJ website, but that they are planning on getting the new 2015 regulations up by April....go figure....

It is not legal to ship a handgun from an 01 to a C&R/COE. IOW, you have to do the handgun transaction face to face with a CA 01.

It is perfectly legal for an out of state 01 to ship a long gun to a C&R/COE. If CADOJ is telling you different, then ask them to cite the PC. My money is on they can't, because what they are telling you is patently false. Getting info from a faceless voice over the phone at CADOJ is just as bad, if not worse, than info given out at your LGS.

[GeorgeGeorgerson]

Whoever answers the phone at the DOJ also told me that my CoE does nothing for me as a C&R holder and that there weren't any forms for out of state C&R acquisitions because they were "illegal", so just take their answers with a grain of salt. Sometimes they know all the rules, but other times they're completely wrong.

[EBR Works]

If you buy a C&R from a CA dealer (01), then the transaction is handled like a regular purchase, with the exception of no FSC requirement or 10 day wait. No self registration is required by you. Just log the gun in to you bound book as coming from the 01. He will need a copy of your 03 and COE and you will need a copy of his 01.

Not quite correct. You do not need to log it into your 03 book since a DROS and 4473 were done.

[six seven tango]

Not quite correct. You do not need to log it into your 03 book since a DROS and 4473 were done.

The way I understand it is, the feds want all newly acquired C&R's logged regardless of how acquired for as long as you have your license. Or is that just everyone playing it safe?

Also, a 4473 is not required for licensed C&R transactions since the 01 is logging it out to the 03 in his bound book.

Q: Are licensed collectors required to execute ATF Form 4473 for transactions in curio or relic firearms?

No. Licensed collectors are only required to keep a “bound book” record.

[18 U.S.C 27 CFR 478.125(f)]