Starting a DROS off site

[Solo Tactical]

Can I start a DROS while I am away from my business location?

[ugimports]

Only if you're at one of the listed exempt locations like a gun show.

[Burbur]

Only if you're at one of the listed exempt locations like a gun show.

Do you know where we could find that list of exempt locations?

event in the same State in which the licensed premises is located)

I'm having a hard time finding documentation saying it would be OK to complete a 4473 at a NRA dinner, or RMEF banquet; much less anything that says it would be fine to start a DROS at one of these events.

Do you guys do remote or delayed DROS/4473 when working events like these?

[Solo Tactical]

How would anyone find out

[ugimports]

How would anyone find out

Are you asking what's legal or what can you try to get away with?

[ugimports]

Do you know where we could find that list of exempt locations?



I'm having a hard time finding documentation saying it would be OK to complete a 4473 at a NRA dinner, or RMEF banquet; much less anything that says it would be fine to start a DROS at one of these events.

Do you guys do remote or delayed DROS/4473 when working events like these?

You quoted the section I saw (on the 4473 instructions). It's in the PC somewhere also, but I'll have to go search for it. Someone else may chime in before I find it.

[Tyke8319]

The second paragraph of the 'NOTICES, INSTRUCTIONS, AND DEFINITIONS' on the third page of the 4473 articulates what is permissible and what laws govern the completion of the 4473.

[Solo Tactical]

Are you asking what's legal or what can you try to get away with?

This question was asked of me by a customer and it just got me thinking.

That is all

[ugimports]

This question was asked of me by a customer and it just got me thinking.

That is all

Then my question goes to your customer. Are they asking what's legal or what you could get away with?

[Burbur]

The second paragraph of the 'NOTICES, INSTRUCTIONS, AND DEFINITIONS' on the third page of the 4473 articulates what is permissible and what laws govern the completion of the 4473.

OK, have a little time, around 4am to do this reading:

18 U.S.C. 922(c) does not pertain to where the 4473 can be completed, but speaks to an alternate method.

18 U.S.C. 923(j)

A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license.

Emphasis mine. I interpret this to included Friends of the NRA, Ducks Unlimited, RMEF, etc. Federally, according to the USC, this is step one.

27 CFR 478.100 seems to say the same thing, last updated nearly 7 years ago, with the footnote: The relevant Federal regulations seem to say it's cool. Off to bed, maybe we could check CA after some sleep.

I do a lot of charity gun stuff. It would be super if we could 4473 and DROS when we award the guns, right on-site.

[Quiet]

Appears under CA laws, a CA FFL dealer can start DROS at:
1. Their licensed location. (handgun and long gun) [PC 26805(a)]
2. At a gun show. (handgun and long gun) [PC 26805(b)(1)]
3. At an auction or similar event conducted by a nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code. (long gun only) [PC 26805(c)(1)]



Penal Code 26805
(a) Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.
(b)(1) A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.
(2) A person conducting business pursuant to this subdivision shall publicly display the person’s license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
(c)(1) A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 26955, 27655, 27900, and 27905, subject to the prohibitions and restrictions contained in those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.

Penal Code 26955
(a) The waiting period described in Section 26815 does not apply to a dealer who delivers a firearm, other than a handgun, at an auction or similar event described in Section 27900, as authorized by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to purchase, the dealer shall forward by prepaid mail to the Department of Justice a report of the application as is indicated in Section 28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant information is used, within two business days of completion of the application to purchase, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

Penal Code 27655
(a) The waiting period described in Section 27540 does not apply to a dealer who delivers a firearm, other than a handgun, at an auction or similar event described in Section 27900, as authorized by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to purchase, the dealer shall forward by prepaid mail to the Department of Justice a report of the application as is indicated in Section 28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant information is used, within two business days of completion of the application to purchase, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

Penal Code 27900
(a) Section 27545 does not apply to the infrequent sale or transfer of a firearm other than a handgun at an auction or similar event conducted by a nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code.
(b) As used in this section, “infrequent” has the meaning provided in Section 16730.

Penal Code 27905
Section 27545 does not apply to the transfer of a firearm if all of the following requirements are satisfied:
(a) The firearm is not a handgun.
(b) The firearm is donated for an auction or similar event described in Section 27900.
(c) The firearm is delivered to the nonprofit corporation immediately preceding, or contemporaneous with, the auction or similar event.