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30 day wait issue

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  • schulerarms
    Junior Member
    • Sep 2009
    • 21

    30 day wait issue

    I had a customer's DROS denied due to a DMV issue. Customer called within a few days stating that he cleared up the issue with DMV and wanted me to resubmit his DROS on the same handgun. DOJ advised me that I cannot re-submit the DROS until 30 days after the initial DROS submittal date/time.

    CA DOJ's legal interpretation of CA Penal Code 27535 is that only one DROS application may be submitted in a 30 day period. CA Penal Code 27535 (a) states "No person shall make an application to purchase more than one handgun within any 30-day period." I was not submitting a DROS for more than one handgun. It was the same handgun. Have any other dealers experienced this? I was told that this interpretation changed about a year ago.
  • #2
    Condorguns
    Still lost in the desert
    CGN Contributor - Lifetime
    • Dec 2007
    • 3302

    Yes I have run into this.

    And now you wait.
    You, you, and you: Panic. The rest of you, come with me.
    Incoming fire has the right of way.

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    • #3
      ugimports
      Vendor/Retailer
      • Jun 2009
      • 6250

      The only time you don't get screwed with this (from what I've seen) is if you proactively canceled the first "application". I've had to do this, for example, when I eff up the DROS (my fault) with wrong info. When I've canceled within the first few hours and re-submitted I don't get a reject on the re-submit.
      UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
      Closure Schedule: http://ugimports.com/closed
      web​ / email / vendor forum

      I AM THE MAJORITY!!!

      Amazon Links Posted May be Paid Links

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      • #4
        kemasa
        I need a LIFE!!
        • Jun 2005
        • 10706

        Don't expect the CA DOJ to follow the law. As you say, it is for the same firearm, so under the wording of the CA PC is would not apply to the limitation, but that is not the view of the CA DOJ, so now you wait. It seems that only recently the issue has come up since I had a customer who violated the 1 in 30 and I submitted a new DROS a few days later and there was no issue with it. It was the same firearm, as in your case.
        Kemasa.
        False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

        Don't tell someone to read the rules he wrote or tell him that he is wrong.

        Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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