Locking requirements

[kemasa]

I did not say just new guns. If the buyer brings in the lock, they need a receipt within 30 days.

[smoothang21]

I did not say just new guns. If the buyer brings in the lock, they need a receipt within 30 days.

Oh ok so wether or not they Bring there used gun in a case with a lock on it already to transfer when other party picks up they can't use that lock no more correct? unless it was before 30 days with receipt? so 99% ppl bring tranfers in they didn't have purchased one within 30 days so have to buy one from u

[kemasa]

Did you read what I said?

[smoothang21]

Did you read what I said?

Oh ok ya sorry didn't read it correctly. So pretty much 99% time they habe to buy one from u when they leave?

[kemasa]

Percentages don't matter.

If the firearm comes with a certified lock, they don't need to buy one. If they fill out a CA safe affidavit, then they still need a lock for a handgun due to the Federal law, but they don't need a receipt within 30 days.

[pacrat]

Re. guns leaving the store. Two seperate legal criteria must be met. Ca State and Federal.


State requirements are for ALL firearms.


(1) OEM lock supplied by manufacturer of firearm.

(2) Or,........ State approved lock purchased within last 30 days, and reciept to show purchase date of lock.

(3) Or,.........A safe affidavit filled out by purchaser and kept on file at FFL.


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Federal requirement is for Handguns ONLY.


Must have a locking device that renders the firearm inoperable unless the device is first removed from firearm by use of a key or combination.


(1) or (2) of state requirement, also satisfies Federal requirement.

If a "safe affidavit" is used to satisfy Ca state requirement.

Purchaser must also have a lock on the firearm to satisfy Federal requirement. Any lock will do, no 30 day requirement needed. And it does not have to be Ca State Approved FSD lock.

JM2c

[pacrat]

Oh ok ya sorry didn't read it correctly. So pretty much 99% time they habe to buy one from u when they leave?

NO, see my post above

[smoothang21]

Re. guns leaving the store. Two seperate legal criteria must be met. Ca State and Federal.


State requirements are for ALL firearms.


(1) OEM lock supplied by manufacturer of firearm.

(2) Or,........ State approved lock purchased within last 30 days, and reciept to show purchase date of lock.

(3) Or,.........A safe affidavit filled out by purchaser and kept on file at FFL.


--------------------------------------------------------------------------


Federal requirement is for Handguns ONLY.


Must have a locking device that renders the firearm inoperable unless the device is first removed from firearm by use of a key or combination.


(1) or (2) of state requirement, also satisfies Federal requirement.

If a "safe affidavit" is used to satisfy Ca state requirement.

Purchaser must also have a lock on the firearm to satisfy Federal requirement. Any lock will do, no 30 day requirement needed. And it does not have to be Ca State Approved FSD lock.

JM2c

Ok so if fill out affadavit then they can have any lock on there? And thay satisfies federal and state and good for handguns and rifles?

[Bainter1212]

I am also wondering about this.

I have bought many handguns, new and PPT, and different shops seem to have different policies. Example:

A kitchen table FFL I use has never required a lock or an affidavit. I sign the papers, wait ten days, shake his hand and leave with pistols. I think he considers it my responsibility to transport them.

I bought another handgun at an LGS. The handgun came with a lock and I was not asked to lock it up before I left. Again, they seemed to consider it on me to take responsibility for it.

I am picking up two Heritage SAA clones on the 3rd. Both of them have factory trigger locks in the box. Based on what some of you are saying, these locks might not meet the requirement because I am buying the pistols PPT instead of new, even though they came with the gun when they were new.

Like the OP, I am still confused.


P.S. OP, you may want to consider a remedial writing class. No offense, but your writing is very hard to follow. I have to literally sound out your sentences to figure out what you are trying to say.

[Condorguns]

Ok, let me try this again. I know the subject is confusing.

ALL handguns have to have an approved California lock before leaving the store.

Ways to get an approved lock:
1. It is sent with the firearm from the factory. ( no extra cost to buyer)
2. It is proved by the seller during a PPT with the purchase of the firearm ( no extra cost to buyer)
3. The buyer buys one and the FFL at the time of purchase of the firearm or buys one somewhere else and brings a receipt listing the lock that is dated no more then 30 days old. ( the buyer pays)

Long guns can have either a safe affidavit or an approved lock.
The ways to get the approved lock are the same as what was listed for the handguns.
The safe affidavit can be used to bypass the lock requirement on long guns only.

There is nothing in the Federal or State law that says we have to make you lock the gun before leaving the shop, we just have to provide you with the means to lock your gun. There are some cities that require this, thus knowing your local laws is also very important. Also different shops will have their own requirements so you might see some small differences between shops.

[pacrat]

Ok so if fill out affadavit then they can have any lock on there? And thay satisfies federal and state and good for handguns and rifles?

YES

[kemasa]

I have bought many handguns, new and PPT, and different shops seem to have different policies. Example:

A kitchen table FFL I use has never required a lock or an affidavit. I sign the papers, wait ten days, shake his hand and leave with pistols. I think he considers it my responsibility to transport them.

I bought another handgun at an LGS. The handgun came with a lock and I was not asked to lock it up before I left. Again, they seemed to consider it on me to take responsibility for it.

There are different issues. There is the issue of how to legally transport a firearm and then there is the issue of what the FFL is required to do. When a firearm leaves the location it has to be securely packaged or in a locked case. I have not seen the definition of what securely packaged is, but I assume how it is shipped would be securely packaged. The FFL does not have to ensure that you legally transport the firearm once you leave.

The FFL is also responsible for following the state and Federal laws, which you one example does not seem to follow the law.

[pacrat]

Condorguns said,

Ok, let me try this again. I know the subject is confusing.

Yes, it is. That's why it is important to recognize the difference between the two seperate regulatory requirements.

ALL handguns have to have an approved California lock before leaving the store.

All handguns must have a lock to satisfy FED regulations. It does not have to be Ca DOJ approved to meet Fed requirement. Any lock that renders pistol inoperative satisfies.

The safe affidavit can be used to bypass the lock requirement on long guns only.

Feds have no "long gun" lock requirement. Ca. requires "either" a lock or a safe for ALL FIREARMS.

Ca DOJ requires, Ca DOJ approved lock on ALL FIREARMS. Unless you file a safe affadavit.

See post #21. A safe affidavit satisfies ALL CA lock requirements. Because Ca does not designate any difference between handgun and long gun.

Feds still require a lock on handgun, even if you file a safe affidavit. But Feds do not require it to be a Ca DOJ approved lock.

[Librarian]

I talked to a BATF attorney quite some time ago and what he said that the view was that the FFL had to provide the lock OR safe, not that the person had a lock or safe. So if the FFL wanted to give a safe when the person left, that would work.

Of course, no one would ever buy a safe that might contain more than one firearm ...

I have heard stories that once upon a time, BATF was sensible once in a while.

[Burbur]

I will remember to try to upsell a safe with every firearms purchase, from this day on.