COE/CR -Penal Code section 27535 -DOJ last interpretation 30 day Status for CR/COE

[bigl1911]

I just got a return call from the DOJ in regards to my rejection letter mentioned in an earlier post. The agent (very polite) and I had an extensive conversation regarding their interpretation of the 30 day- COE/CR issues related to handgun purchases. Here is the deal based on my conversation:

• A consignment or a private party transfer is exempt from the 30 day status..
o Buy a consignment handgun be it C/R or not you are exempt from a 30 day wait for a new purchased rostered handgun in California. If you haven’t bought a new rostered handgun you are exempt from the 30 day wait. In other words, a ppt or consignment gun sale does not count when it comes to a 30 day waiting time period between handgun purchases. Why I do not know and neither do they.
• Buy an inventory or stocked handgun from a FFL dealer that is C/R and this is considered a new handgun sale in California. This type of purchase starts the 30 day countdown back to zero. Doesn’t matter if it is CR it is dealer stock and considered a new sale….
• Buy a CR handgun from Out of State and import to California via an FFL as required by law this too is considered a dealer transaction and starts the 30 day countdown clock back to zero for the 30 day wait requirement in order to purchase a new rostered handgun in California.
• Buy a CR and pick it up Out of State and bring it in personally as a COE and CR holder, this gun cannot be tracked and does not bring the countdown back to zero for a thirty day wait with DOJ!!

This is what I got from DOJ as their interpretation of 27535… At least I understand it now...

[Tincon]

I don't think that is their official position... It is not supported by even their own court filings, let alone the statutes. If there was real proof they are doing this, it would probably be helpful in the pending litigation.

[dca965]

I just got a return call from the DOJ in regards to my rejection letter mention in an earlier post. The agent (very polite) and I had an extensive conversation regarding their interpretation of the 30 day- COE/CR issues related to handgun purchases. Here is the deal based on my conversation:

• A consignment or a private party transfer is exempt from the 30 day status..
o Buy a consignment handgun be it C/R or not you are exempt from a 30 day wait for a new purchased rostered handgun in California. If you haven’t bought a new rostered handgun you are exempt from the 30 day wait. In other words, a ppt or consignment gun sale does not count when it comes to a 30 day waiting time period between handgun purchases. Why I do not know and neither do they.
• Buy an inventory or stocked handgun from a FFL dealer that is C/R and this is considered a new handgun sale in California. This type of purchase starts the 30 day countdown back to zero. Doesn’t matter if it is CR it is dealer stock and considered a new sale….
• Buy a CR handgun from Out of State and import to California via an FFL as required by law this too is considered a dealer transaction and starts the 30 day countdown clock back to zero for the 30 day wait requirement in order to purchase a new rostered handgun in California.
• Buy a CR and pick it up Out of State and bring it in personally as a COE and CR holder, this gun cannot be tracked and does not bring the countdown back to zero for a thirty day wait with DOJ!!

This is what I got from DOJ as their interpretation of 27535… At least I understand it now...

(Emphasis mine)
This is in DIRECT contravention of CA DOJ's recent policy change/enforcement notice to dealers and is currently the subject of pending litigation.

[bigl1911]

I don't think that is their official position... It is not supported by even their own court filings, let alone the statutes. If there was real proof they are doing this, it would probably be helpful in the pending litigation.

My father was a lawyer both my X's were attorneys.. When I explain the conversation and details as they were explained by a representative for DOJ the information as I described is accurate. However, if the representative is inaccurate and his understand of DOJ policy is wrong this I can't do anything about. All I can say is the information I outlined are guidelines as described.. I will have to comply with it as I suggest any COE/CR holder should do unless there is new information..

[bigl1911]

(Emphasis mine)
This is in DIRECT contravention of CA DOJ's recent policy change/enforcement notice to dealers and is currently the subject of pending litigation.

I am telling you this is what they said straight from the horses mouth as of today and I triple checked the details to be absolutely clear. There is no personal interpretation going on.. If I had a full blow FFL I would call DOJ and verify.. Trust me I don't like it and I hope someone proves me wrong....

[Tincon]

My father was a lawyer both my X's were attorneys.. When I explain the conversation and details as they were explained by a representative for DOJ the information as I described is accurate. However, if the representative is inaccurate and his understand of DOJ policy is wrong this I can't do anything about. All I can say is the information I outlined are guidelines as described.. I will have to comply with it as I suggest any COE/CR holder should do unless there is new information..

What was the name of the person you talked to?

[bigl1911]

What was the name of the person you talked to?

Mike... That is as much information as he was willing to give without digging harder and I had a lot of questions that needed to be answered without him hanging up on me.... I was very surprised he called me as "Joe Public". He was actually sincere, non-confrontational and helpful.. I didn't want to come across as combative.. I wanted honest answers without posturing or any threatening or combative interaction..