DROS problem

[cyberfish2]

Apparently, I posted this problem in the wrong section last time.
Back on July 20, I bought a Sig Mosquito .22 (picked up, after the 10 day wait). I shot it some, decided to put it up to work on later, and get the Sig 1911 .22. My FFL dealer, and good friend, tried to register this one on Aug 18, and when I went to pick it up 10 days later, I had a letter of "denial of delivery" from Calif DOJ because I had not waited the required 30 days before buying another handgun.
Here is where I got conflicting, or at least, confusing information on this forum. I posted asking if my FFL dealer could just refill the DROS, since it had now been about 40 days since I picked up my previous gun, or did I now have to wait 30 more days from the date of denial?
The answers I got were "yes" to both questions. Who was correct?
It turned out not to matter. My dealer refilled when he got back from his fishing trip, and I got my gun 10 days later. Wait time, 55 days.
For the record, as a CCW holder, the redundant background checks, and wait times seem totally unnecessary, but that's California for ya'.

[OCArmory]

So the DOJ is now interpreting the law as you have to wait 30 days from the start of the violating DROS and not teh old one for example I bought a gun on the 15th but mistakenly DROS'ed another on the 10th my 30 days would start from the 10th. Pretty dumb but we had three denied before they explained their thinking to us.

[ke6guj]

I was always suprised that they would let you resubmit as soon as your "initial 30-days" was up. A straight reading of the PC says that you may only submit one handgun DROS app every 30-days. so, if you submit DROS on on the 1st and submit a second DROS on the 25th that is cancelled as a violation, I don't see how you can submit a 3rd DROS on the 1st. you did submit an application on the 25th, that is when the clock starts.

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

I don't see an exemption that says if you submit early that it doesnt count against future applications.

[cyberfish2]

So the DOJ is now interpreting the law as you have to wait 30 days from the start of the violating DROS and not teh old one for example I bought a gun on the 15th but mistakenly DROS'ed another on the 10th my 30 days would start from the 10th. Pretty dumb but we had three denied before they explained their thinking to us.

This is what was so confusing. My FFL dealer didn't wait 30 days from the DROS refusal of delivery; he re-submitted before I could tell him what I read here on the forum. It went thru just fine. There were two DROS fees.
So one of the postings here was incorrect, or it just slipped thru DOJ.

[Condorguns]

DOJ is confused not your FFL. I had one rejected months ago for submitting it before the 30 days was up. We waited for the 30 days from the time of the first DROS and we're denied again and was informed we had to wait from the time of the second DROS.

Fast forward to last month we get another 2 in 30 denial. The customer had bought a gun from another shop and didn't tell us when we asked. I was planning on submitting the reDROS 30 days offer the application we made not the first shop. Things got busy and I made the mistake of submitting the DROS 30 days from when he did the first DROS from the other shop (about 10days too early from my last submission). It was about 24hours after I realised the mistake and figured I was going to eat that DROS fee.

Nope. Never got the 30 day denial this time. So for him they stayed with the 30 days from when he bought from the other shop not when he tried a new gun from me.

It makes no sense.

[OCArmory]

DOJ doesn't catch everything. I know shops that are still using the C&R 1 in 30 exemption on modern guns and getting them to go through. I guess if they don't pay attention to you it is easier to get stuff by.

[Full Spectrum Firearms]

I was always suprised that they would let you resubmit as soon as your "initial 30-days" was up. A straight reading of the PC says that you may only submit one handgun DROS app every 30-days. so, if you submit DROS on on the 1st and submit a second DROS on the 25th that is cancelled as a violation, I don't see how you can submit a 3rd DROS on the 1st. you did submit an application on the 25th, that is when the clock starts.

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

I don't see an exemption that says if you submit early that it doesnt count against future applications.

Based on the strict interpretation you want to apply to this Penal Code section wouldn't it then be illegal to purchase more than one PPT in thirty?

[CSACANNONEER]

Based on the strict interpretation you want to apply to this Penal Code section wouldn't it then be illegal to purchase more than one PPT in thirty?

It would be if it wasn't expressly exempt. Here's the entire PC 27535:

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:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in
California.
(5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of employment as a peace
officer.
(6) Any motion picture, television, or video production company or
entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with
Section 27600), Article 3 (commencing with Section 27650), or Article
4 (commencing with Section 27700), claim an exemption from the
waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).
(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.
(10) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which the person resides.
(12) The return of any handgun to its owner.
(13) A community college that is certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.

PC 28050:

28050. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
(b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.
(d) If the dealer cannot legally deliver the firearm to the
purchaser or transferee or the person being loaned the firearm, the
dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 26815 and 27540, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of Section 27500, 27505, 27515, 27520, 27525,
27530, or 27535. If the dealer cannot legally return the firearm to
the transferor or seller or the person loaning the firearm, then the
dealer shall forthwith deliver the firearm to the sheriff of the
county or the chief of police or other head of a municipal police
department of any city or city and county, who shall then dispose of
the firearm in the manner provided by Sections 18000, 18005, and
34000.