C&R + COE = ?

[GeorgeGeorgerson]

Hi everyone, I've been lurking this site for a long while but I finally have a few questions for y'all now that they directly affect me.

I have a C&R FFL, and I've done the livescan/mailed in the form for a Certificate of Eligibility (haven't received it yet but it's been 3-4 weeks). (Also have an HSC). I'm curious as to how having both of these affect the 30-day handgun limit and the 10 day waiting period and I am hoping to know all I can by the time I have my CoE.

I'm reasonably sure I can buy multiple C&R handguns per month, but do I still have to wait 10 days for them?

Can I buy multiple modern handguns per month?

Do I still have to wait the 10 days for modern handguns?


(I know there could be at least a few duplicated question/thread but please bear in mind that I've been reading through threads for at least an hour and a half as well as used the 'search' function and I just want to make sure I get current answers. If another thread answers any of these, please link me to those and we'll forget I ever asked anything.)

[Tovarish]

10-day wait and 1-in-30 will no longer apply to you when buying a C&R. According to the law, your exemption actually covers both C&R and modern handguns. But the DOJ doesn't like that law so they tell FFLs to not do the exemption for modern guns.

You are also able to purchase a C&R long gun from a private party without using an FFL. Unless the seller doesn't understand that. You fill out the DOJ form for C&R acquisition and send it in with $19 to register it.

[Capybara]

There is a lawsuit against the DOJ right now about the exemption since they just sort of make up their own rules now, threaten all of the FFL01s and don't even obey the PC.

[Quiet]

Hi everyone, I've been lurking this site for a long while but I finally have a few questions for y'all now that they directly affect me.

I have a C&R FFL, and I've done the livescan/mailed in the form for a Certificate of Eligibility (haven't received it yet but it's been 3-4 weeks). (Also have an HSC). I'm curious as to how having both of these affect the 30-day handgun limit and the 10 day waiting period and I am hoping to know all I can by the time I have my CoE.

I'm reasonably sure I can buy multiple C&R handguns per month, but do I still have to wait 10 days for them?

Can I buy multiple modern handguns per month?

Do I still have to wait the 10 days for modern handguns?


(I know there could be at least a few duplicated question/thread but please bear in mind that I've been reading through threads for at least an hour and a half as well as used the 'search' function and I just want to make sure I get current answers. If another thread answers any of these, please link me to those and we'll forget I ever asked anything.)

Under Current...

... CA laws [PC 26970], valid C&R FFL and valid COE = exempt from the 10 day waiting period on C&R firearms only (it does not effect non-C&R firearms).

... CA laws [PC 26970(b)(9)], valid C&R FFL and valid COE = exempt from the 1 in 30 day wait on C&R handguns. CA DOJ underground regulations does not allow the CA DROS system to exempt non-C&R handguns, even though CA laws allows it (there is a lawsuit challenging this).



Penal Code 26970
(a) The waiting period described in Section 26815 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
(1) 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.
(2) The sale, delivery, loan, or transfer is made by a dealer.
(3) The sale, delivery, loan, or transfer is made to a 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.
(4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(b) On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in Section 28160 or 28165.

Penal Code 27535
(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall 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.

[GeorgeGeorgerson]

Thank you all for your responses. This clears up a lot for me.

[cyrus]

Is there any Single shot exemption FFLs that are not following the DOJ's interpretation?

[EBR Works]

Is there any Single shot exemption FFLs that are not following the DOJ's interpretation?

They would be stupid to do so. It really doesn't matter since the CA DOJ will cancel any pending DROS that are submitted that violate their new guidelines. We'll have to see how the lawsuit plays out to see if we go back to the prior guidelines.