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Exempt handgun sale...Question

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  • Tyke8319
    CGN/CGSSA Contributor
    CGN Contributor
    • Nov 2013
    • 2105

    Exempt handgun sale...Question

    Have a customer that had a malfunctioning Ruger revolver. He sent it back to Ruger and they shipped me a new replacement for him.
    Even though it's not a "sale" per se, would he still be subject to the 1-30 rule (since the new Ruger is a replacement) as he has purchased another handgun a few days ago?
    American soldier by choice. Made in America by the Grace of God.

    So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
    Judge Roger T. Benitez
    LCM's ruled legal 3/29/2019
  • #2
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    As far as I know it is not exempt for the 1 in 30. It should be, but it is a different firearm and there is no exemption that I am aware of for replacement firearms. It is just like any other transfer except with documentation it is exempt from sales tax.
    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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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      This exemption might apply... [PC 27535(b)(10)]
      Otherwise the 1 in 30 day wait is in effect.

      Penal Code 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:
      (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.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #4
        Tyke8319
        CGN/CGSSA Contributor
        CGN Contributor
        • Nov 2013
        • 2105

        Originally posted by Quiet
        This exemption might apply... [PC 27535(b)(10)]
        Otherwise the 1 in 30 day wait is in effect.

        Penal Code 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:
        (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.
        No...don't think that meets the criteria in this case. I wasn't involved in any sort of transaction with the buyer, just the registration of his replacement handgun.
        Thanks Guys...............I'll go with the 1-30...
        American soldier by choice. Made in America by the Grace of God.

        So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
        Judge Roger T. Benitez
        LCM's ruled legal 3/29/2019

        Comment

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