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Is it legal? (Gun locks)

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  • JWHuey
    Senior Member
    • Jun 2011
    • 2300

    Is it legal? (Gun locks)

    I just did a PPT recently & the FFL where we did the transfer forced me to buy a cable lock in order to complete the transaction. Even thought I said I did not want it & would never use it. I will be transporting the gun in a soft case, locked with my lock.

    They said I must buy this lock or the transaction would not be legal.

    Is this the shady business practice I suspect to make more profit off of a $35 max ppt, or is there some truth to this?
    sigpic
  • #2
    Condorguns
    Still lost in the desert
    CGN Contributor - Lifetime
    • Dec 2007
    • 3302

    In short yes it's legal.

    If the firearm did not come with a lock.
    You, you, and you: Panic. The rest of you, come with me.
    Incoming fire has the right of way.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44660

      Long answer here: http://wiki.calgunsfoundation.org/Bu...es.2C_and_Laws
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        dc2allday
        Veteran Member
        • Jul 2011
        • 3559

        We don't have them what cha ma callers here in Texas
        sigpic
        Originally posted by gun toting monkeyboy
        You did ask. They were only following your instructions. Next time be a bit more careful in how you phrase your posts. If you give people a straight line like that, this is about the level of response you are bound to get. Just be glad you didn't post "Date this rifle"... Those pictures are usually very disturbing.

        -Mb

        Comment

        • #5
          CSACANNONEER
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Dec 2006
          • 44093

          Under Federal law, a FFL can not release a handgun without a lock accompanying it. That doesn't mean that you have to buy one from that FFL. You can bring an old one in to satisfy Federal law.

          Under Ca state law, you either need to buy one within 30 days prior to picking up your gun (long guns included), fill out a safe affidavit or have a oem lock included in the purchase.

          Many, if not most, FFLs in Ca don't understand that there are two separate laws in play and end up thinking that you have to satisfy both requirements with the same solution. So, they make you buy a lock.
          NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
          California DOJ Certified Fingerprint Roller
          Ventura County approved CCW Instructor
          Utah CCW Instructor


          Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

          sigpic
          CCW SAFE MEMBERSHIPS HERE

          KM6WLV

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          • #6
            CSACANNONEER
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Dec 2006
            • 44093

            Originally posted by dc2allday
            We don't have them what cha ma callers here in Texas
            Texas FFLs don't follow Federal law?
            NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
            California DOJ Certified Fingerprint Roller
            Ventura County approved CCW Instructor
            Utah CCW Instructor


            Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

            sigpic
            CCW SAFE MEMBERSHIPS HERE

            KM6WLV

            Comment

            • #7
              pacrat
              I need a LIFE!!
              • May 2014
              • 10284

              JWHuey asked

              Is this the shady business practice I suspect to make more profit off of a $35 max ppt, or is there some truth to this?
              As asked, it could be either. A full and concise answer, depends on the circumstances of the transfer. Some less than scrupulous FFLs, do lie to customers and practice "shady business practices" where locks are concerned.

              Did you PPT a pistol or rifle? Do you own a safe?

              Comment

              • #8
                JWHuey
                Senior Member
                • Jun 2011
                • 2300

                Originally posted by pacrat
                As asked, it could be either. A full and concise answer, depends on the circumstances of the transfer. Some less than scrupulous FFLs, do lie to customers and practice "shady business practices" where locks are concerned.

                Did you PPT a pistol or rifle? Do you own a safe?
                Pistol. Yes, I own 2 safes.

                What bugged me is that I told the guy I would be locking the gun in my case with MY lock, as the cable lock would not effectively secure the case. He acknowledged this fact & said I didn't have to use the lock, I just had to buy it...
                sigpic

                Comment

                • #9
                  randomBytes
                  Senior Member
                  • Jan 2012
                  • 1607

                  I've had the same experience.
                  PPT pistol, I have a safe (and lots of those stupid useless locks),
                  FFL said I had to buy one or show receipt for one bought in last 30 days.

                  Comment

                  • #10
                    pacrat
                    I need a LIFE!!
                    • May 2014
                    • 10284

                    Originally posted by JWHuey
                    Pistol. Yes, I own 2 safes.

                    What bugged me is that I told the guy I would be locking the gun in my case with MY lock, as the cable lock would not effectively secure the case. He acknowledged this fact & said I didn't have to use the lock, I just had to buy it...
                    If you own a gun safe. You are exempt from Ca-DOJ firearm lock requirements for both, long and handguns.

                    But you have to exercise that right by either presenting a reciept for the safe for the FFL to make a copy of. Or you can file a safe affidavit.
                    That satisfies any Ca-DOJ lock requirements

                    Your lockable gun case, meets Fed CSLA 2005 requirements. So would a reciept showing you own a safe. An affidavit is not accepted by ATF for Fed CSLA compliance.

                    [1] You can give the FFL the benefit of the doubt, and think he is ignorant of the laws he is required to know.

                    [2] Or you can believe he is a crook that knows the law, but chose to lie to you, so he could make a couple of extra bucks.



                    JM2c
                    Last edited by pacrat; 11-02-2015, 10:43 PM. Reason: removed disparaging words regarding a FFL

                    Comment

                    • #11
                      NATIONAL-ARMAMENT
                      Junior Member
                      • Oct 2015
                      • 9

                      The Bureau of Alcohol, Tobacco, Firearms and Explosives has yet to issue a regulation which recognizes 18 USC 921(a)(34)(C).
                      In practice, that means that California and Federal law are different on what is acceptable -- and safe for dealers to accept. For long guns, California FFLs may accept the safe affidavit; but for handguns, because BATFE has not yet ruled, the safe affidavit is NOT acceptable, and buyers may expect to purchase a gun lock with each handgun.
                      Anecdotal evidence at Calguns suggests that BATFE is in fact specifically refusing to accept the California safe affidavit. See this Calguns post for a reproduction of the letter BATF has sent.
                      BATFE enforcement of this appears problematical; there seems to be no record keeping requirement to establish the lock presence on delivery in Federal paperwork.

                      --From Calguns Foundation.

                      I either do the lock exchange, or offer customers refunds on the locks when they come back in. No complaints so far.
                      Last edited by NATIONAL-ARMAMENT; 11-03-2015, 7:59 AM.

                      Comment

                      • #12
                        Twiki357
                        Member
                        • May 2012
                        • 293

                        Originally posted by CSACANNONEER
                        Texas FFLs don't follow Federal law?

                        Comment

                        • #13
                          Jeep Guy
                          Junior Member
                          • Oct 2013
                          • 64

                          I had an unnamed Local Gun Shop "sell" me a lock at no cost and then tell me I could choose to leave it on the counter when I left if I so desired...which I did. Everybody comes out ahead if they do this. I have stacks of unused cable locks at home.

                          Comment

                          • #14
                            GOLDEN GUN
                            Banned
                            • Dec 2012
                            • 2326

                            My understanding is that in California, everything needs a lock or safe affidavit.

                            Under federal law, only handguns must acquire a lock either provided by factory or purchased within 30 days.

                            I allow my
                            Customers to donate a lock for $1 credit on their purchase and they must buy a lock from me for $1 with their handgun acquisition

                            Comment

                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44660

                              Originally posted by GOLDEN GUN
                              Under federal law, only handguns must acquire a lock either provided by factory or purchased within 30 days.
                              That's CA law. Feds say
                              unless the transferee is provided with a
                              secure gun storage or safety device
                              (as defined in
                              section 921 (a)(34)) for that handgun.
                              'Provided with' has long meant 'has', not 'must buy from the transferring FFL'.

                              Originally posted by GOLDEN GUN
                              I allow my
                              Customers to donate a lock for $1 credit on their purchase and they must buy a lock from me for $1 with their handgun acquisition
                              Works for me!
                              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                              Comment

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