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30 day rule question

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  • US3000
    Junior Member
    • Jul 2020
    • 13

    30 day rule question

    I have paid deposits on two new guns on 8/31. One handgun and one rifle. Handgun is in stock but I am waiting for the rifle (on backorder) to arrive so I pay just one fee when I complete the purchase of both from the retailer. Backorder could be 2 months, nobody knows.

    Can I do a PPT now or will it get rejected? I realize I need to wait 30 days between handgun purchases but not sure if I am currently in a hold/lockout.

    Can I start a new handgun purchase with a retailer since it will also be on backorder for months?

    Thanks.
  • #2
    ????? ????
    Senior Member
    • May 2014
    • 991

    It depends on the dealer, but putting partial money down on a firearm, such as a layway, or in effect putting all of the money down, such as a preorder, does not necessarily coincide with the actual starting of the purchase and transfer process, which is the Dealer Record of Sale (DROS). An application to purchase a handgun refers to the starting of a DROS.

    Under Penal Code section 27535:
    (a) No person shall make an application to purchase more than one handgun within any 30-day period.

    PPTs are not counted as an application to purchase a handgun, because Penal Code section 27535 also says:
    (b) Subdivision (a) shall not apply to any of the following:
    (8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

    So PPTs are separate from the once per 30-days limit and you can do as many as you want whenever and wherever without it having an effect on the once per 30-days.

    Until your dealer actually receives the firearms and records the serial number of those firearms, you're not starting a DROS. You're just put money down, but you haven't started a DROS.

    Comment

    • #3
      US3000
      Junior Member
      • Jul 2020
      • 13

      On the deposit receipt it does show I paid DROS fees and the handgun serial number also shows on the receipt. Rifle is only item on backorder.

      But sounds like I could start a PPT anytime now? I’m just trying to avoid a failed ppt while sitting on backorder.

      Comment

      • #4
        sbo80
        Senior Member
        • Apr 2014
        • 2265

        Your receipt is irrelevant. DOJ only looks at the time period between DROS applications. That's it. Not when you paid, not anything else. Your second DROS has to be 30 days after your first one. Your first DROS will have a "pickup time" at the top of it for 10 days in the future. Don't have one of those forms yet? You didn't start the DROS yet.
        As was said PPT are exempt and irrelevant also. They don't count.

        Comment

        • #5
          US3000
          Junior Member
          • Jul 2020
          • 13

          Thanks again. Much appreciated.

          Comment

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