FFL03/COE C&R Question

[sakosf]

That has been the word in more then one thread on CALGUNS. You can still have a antique shipped to you (pre 1899 mfg) here is one nice example of a antique: (no 03 FFL needed)

http://www.collectorsfirearms.com/chilean-model-1895-7x57-rifle-al4420/

past (sold) examples of antiques sold by one well known dealer of collectors arms:

http://www.empirearms.com/antique.htm

[Califpatriot]

I called the California of Justice 4 times today and got the same response every time. Even with a FFL03 and a COE you can't have any rifle shipped to you whether you buy it from someone inside or outside California.
The distinction is: face to face is permitted (needs to be reported within 5 days id in state purchase and 30 days if out of state) shipped is not.
Can any one validate this?
Thank in advance for your replies.

FFL03/COE can acquire a C&R rifle from a private party within the state without use of FFL. There is no distinction made in the Penal Code between in-person or shipped transactions for this purpose.

Are you asking about having a rifle shipped from an FFL to your house?

[kemasa]

CA PC 27585 is what makes it illegal to have a firearm shipped directly to you from out of state even if you have a C&R FFL and COE. You can go out of state and pick it up.

It isn't 30 days to report an out of state pickup, it is something like 5 days from when you return.

[shootsocal_dave]

What law prevents a CA FFL01 from shipping to a CA FFL03?

[kemasa]

What law prevents a CA FFL01 from shipping to a CA FFL03?

You mean other than the CA PC? The transfer has to go through a dealer, meaning a DROS being submitted, unless it is exempt somehow and there is no exemption that I am aware of.

The exemption from the transfer having to go through a dealer, specifically 27545 and 27966 doesn't apply. 27966 could never apply because a dealer would not said to have a transfer or sale be infrequent. Also, 27545 says that neither has a dealer's license.

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 )

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.

[shootsocal_dave]

What is the actual PC that required DROS

[Califpatriot]

27545

[Cokebottle]

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 )

So ALMOST appears that an out of state FFL could ship to a California 03, except that an out of state dealer would not hold a license issued under CAPC.

27966
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730 .

And this prevents a California dealer from shipping/avoiding DROS.

[kemasa]

So ALMOST appears that an out of state FFL could ship to a California 03, except that an out of state dealer would not hold a license issued under CAPC.

Another law prevents that, 27585 with the typical C&R exemption of 27565, but the person has to physically acquire it out of state.

27585.

(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
...

[General Kronstadt]

I wanted to bump this because it is important and solid information.

I am going through this whole rigmarole right now with an in state rifle FTF purchase and the clarity of 27966 is apparent in that case.

Thanks folks.