FFL03 + COE modern handgun question

[deoxys987]

Hey guys i know that myself having an FFL03 and a COE exempts from the 1/30 handgun rule (even though turners says it doesnt) - Oh well i dont buy handguns that often. My question is, i used my FFL03 to satisfy as my proof of residency to purchase an H&K P2000SK in 9mm, If i used my FFL as my proof of residency, but didnt use it to purchase it, since its not C&R, do i need to log it in my bound book? Or would i not have to since I didnt use my FFL to purchase the firearm?

[acespawnshop]

Hey guys i know that myself having an FFL03 and a COE exempts from the 1/30 handgun rule (even though turners says it doesnt) - Oh well i dont buy handguns that often. My question is, i used my FFL03 as my proof of residency to purchase an H&K P2000SK in 9mm, If i used my FFL as proof of residency do i need to log it in my bound book? Or would i not have to since its a new firearm?

No, you only would log guns acquired using your license. This was only used to satisfy DOJ requirements for handgun purchases regarding proof of residency.

DOJ has said that even though the law reads the 03 FFL and a COE exempts you from 1-30 law, it only applies to C&R pistols. Not regular pistols even though that's not what the law reads. There was a bulletin about this some time back, cant find it though.

[acespawnshop]

Here is the .pdf regarding 03 FFL's purchasing more than one pistol that's not a C&R

[kemasa]

A slight correction, you did not "use" your C&R FFL, you had it and they looked at it, but it was not used in its intended purpose. To use it you would have acquired a C&R firearm.

[acespawnshop]

Yeah, better put. It was a license or permit bearing the purchasers name and address to satisfy the requirement of proving residency in CA.

[Cokebottle]

though that's not what the law reads. There was a bulletin about this some time back, cant find it though.

Look back to before Brown... it was from Bill Lockyer, so it would have been issued beween 2000 and 2007.

Harris re-stated it much more firmly.
Lockyer's memo simply added the text "for C&R handguns" to the text of the law.

I believe there is a lawsuit in process on this.

[acespawnshop]

Maybe if you come across that post it. I've only been selling guns since 2009ish so I wouldn't have anything before then.

[Cokebottle]

Maybe if you come across that post it. I've only been selling guns since 2009ish so I wouldn't have anything before then.

Went back through a few hundred posts and I'm coming up empty handed.

I probably have a screenshot of it locally, but searching my hard drive is worse than searching the forum

[six seven tango]

I think this is the Bill Lockyer memo.

This is on page 2...

Any person who is a licensed collector pursuant to Chapter 44 of Title 18 of the United
States Code and who has a current certificate of eligibility issued to him or her by the
Department of Justice pursuant to PC 12071 (curio and relic firearms only).

[Cokebottle]

I think this is the Bill Lockyer memo.

This is on page 2...

That's it.

1999
He had JUST taken office.

[jeremiah12]

Here is the .pdf regarding 03 FFL's purchasing more than one pistol that's not a C&R

The reasoning that this would be a misuse of the FFL03 according to Federal law obviously does not extend to the new ammo laws that will prohibit having ammo shipped to home with one of the exemptions being FFL03 holders with a valid COE.

I would love to hear the AG explain this one.

[acespawnshop]

Wow you dug it up from 1999 good find!

Havent looked into ammo law regarding 03 and COE looks like you've found the new gem for the DOJ to obliterate with their regulations and interpretations.

[kemasa]

Too bad the BATF does not have the view that it is using the C&R FFL to avoid the 1 in 30 for modern firearms, at least not the last that i recall. Would it be using it for proof of residency?

I think that some of the view came from the Sacramento BATF office, including the claim that a child could get a firearm from a parent from out of state and just fill out the CA form, ignoring Federal law on the matter.

[Cokebottle]

Havent looked into ammo law regarding 03 and COE looks like you've found the new gem for the DOJ to obliterate with their regulations and interpretations.

For some reason, this exemption has been specifically written in to all 3 or 4 versions of the ammo restrictions that have been bandied about and/or passed.
AB962 had the same exemption, which was the only reason I applied for an 03.

[acespawnshop]

Sounds like the DOJ will be soon closing the so called 03 loophole.