1 in 30 Days Denial (FFL 03 and COE)

[liberallyloaded]

Hi all,

Thanks for your time and support with reading this. I hold both a current FFL03 and a current CA COE, and I was recently denied by the DOJ on a purchase of a handgun due to the 1 in 30 law. I have first hand knowledge, based on my literacy skills and the exemption noted below in the PC, that the argument and/or reason of the DOJ representative is invalid. The penal code and the exemption read as follows:

27535.
(a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.

(b) Subdivision (a) does not apply to any of the following:

(9) Any person who 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, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.

The FFL, who I have used for all of my recent transactions, stated that a DOJ rep called and informed him the denial was due to an FFL03 only exempting the collector from C&R handguns. My understanding, which again is based on my ability to read, is that the DOJ stance is factually incorrect; does anyone have info on how to contact a human at DOJ to rectify this? I was on hold for almost an hour today (twice) and I'd really appreciate a phone number via PM if possible.

While I know how tempting it might be to respond with (800) YOU SUCK, (916) LOLNOPE, etc., please refrain from doing so; I'd appreciate a serious approach to this worrisome error.

Thanks for your time and support.

*edit
If this should be posted in the FFL forum, please let me know or move it as needed. Thanks!

[SkyHawk]

DOJ lost a lawsuit over this

Give the DOJ rep this:

https://d3n8a8pro7vhmx.cloudfront.net/thecalgunsfoundation/pages/49/attachments/original/1518117431/2018-02-08_Doe_v_Becerra_Opinion_%281%29.pdf?1518117431

There is a bulletin in DES that informs FFLs how to process the 30 day exemption FOR ALL GUNS NOT JUST C&R GUNS

An individual licensed as a collector with a valid COE may purchase more than one handgun in a 30-day
period. This includes Curio and Relic type firearms and firearms identified on the roster of handguns
certified for sale in the state of California. Please use the following instructions when processing this
type of transaction:
The Curio/Relic Handgun Sale should be selected as the transaction type, in the DROS Entry System
(DES), for all handgun types. (i.e a Curio and Relic firearm or firearms identified on the roster of
handguns certified for sale)"

[liberallyloaded]

Thanks for the info! The law is crystal clear; my wondering is how to actually contact a human being at the DOJ about this to get it rectified... any thoughts?

[Milsurp1]

FFL dealer can call the DoJ on the secret bat phone. I went through that hassle myself.

[SkyHawk]

FFL dealer can call the DoJ on the secret bat phone. I went through that hassle myself.

Yes have the FFL call the DOJ dealer helpline. Customer does not call, the FFL needs to call. Otherwise contact the lawyers who won this case and tell them that DOJ is thumbing their nose at the court - a couple phone calls will have this DOJ flunky eating crow.

Benbrook Law Group, Bradley A. Benbrook and Stephen M. Duvernay for Plaintiffs and Appellants.

[liberallyloaded]

Thanks very much! I'll call the FFL tomorrow and will post an update!

[Librarian]

Can the FFL file a corrected DROS to comply with

The Curio/Relic Handgun Sale should be selected as the transaction type, in the DROS Entry System
(DES), for all handgun types. (i.e a Curio and Relic firearm or firearms identified on the roster of handguns certified for sale)"

[SkyHawk]

Can the FFL file a corrected DROS to comply with

Yep if the FFL did not do that, then the FFL done goofed. I assumed they did it correctly but assuming is always a bad idea.

[G. Freeman]

I have an FFL3 + COE. I DROSED 2 modern hanguns at the same time last yr and it went through. However, the FFL did not know about this exemption and how to enter it properly online. I had to return and show them the same bulletin posted above.

Mind you, very very few FFL's know to properly enter this. I'm not surprised DOJ doesn't know as well. Ca laws are just too complicated at this point

[liberallyloaded]

[liberallyloaded]

Hi all- thanks for the info! Heard from DOJ today- said the denial was due to dealer error in paperwork. My understanding is, since I am exempt from 1 in 30, that I can re-dros it now if the paperwork is done properly (drosed as a C&R per the memo above, with current coe, etc)- is this correct? Thanks again for your support!

[vino68]

Can the FFL file a corrected DROS to comply with

Exactly, it is one check box in the system. I went through this at Sportman's.
I had to show them the PC and documentation and they called corp to verify this could be done, for them to check that one box. They made copies of the PC and accompanying documentation to fax to corp and leave in my file.

[vino68]

I have an FFL3 + COE. I DROSED 2 modern hanguns at the same time last yr and it went through. However, the FFL did not know about this exemption and how to enter it properly online. I had to return and show them the same bulletin posted above.

Mind you, very very few FFL's know to properly enter this. I'm not surprised DOJ doesn't know as well. Ca laws are just too complicated at this point

I disagree. It is lack of training that is the cause. If we, as the consumer can educate ourselves then why not those whos jobs it is to know this?

[vino68]

DOJ lost a lawsuit over this

Give the DOJ rep this:

https://d3n8a8pro7vhmx.cloudfront.net/thecalgunsfoundation/pages/49/attachments/original/1518117431/2018-02-08_Doe_v_Becerra_Opinion_%281%29.pdf?1518117431

There is a bulletin in DES that informs FFLs how to process the 30 day exemption FOR ALL GUNS NOT JUST C&R GUNS

Be aware that this screen looks different now.

[liberallyloaded]

Exactly, it is one check box in the system. I went through this at Sportman's.
I had to show them the PC and documentation and they called corp to verify this could be done, for them to check that one box. They made copies of the PC and accompanying documentation to fax to corp and leave in my file.

Thanks for this. When you say file a corrected DROS, are you referring to a fresh re-dros, or an attempt to rectify the one that was denied due to ffl error? After hearing from the DOJ, they were explicit about how, since it was a denial, that it would need to be redrosed entirely. Thanks for your help- it will assist the ffl and me with getting it done properly.