Question on cable lock upon purchase

[ansan12001]

I am going to pick up Several handguns as I am passed the background check. It has always been my understanding a gun safe affidavit would satisfy the firearms device condition, for both long guns and pistols. But I have been told I must purchase one of those cheap DOJ cable locks from the FFL. Can someone verify this? If not, do you have the specific law that allows me to use the gun safe affidavit?

[geo5120]

handgun cable locks

The gun safe affidavit only applies to long guns. It has been that way for many moons. Every handgun you pick up must have its own locking device with it when you leave the location. Some dealers will have you put the lock on the gun, some wont. If you only have to buy one lock, consider yourself lucky

[Nardo1895]

The gun safe affidavit only applies to long guns. It has been that way for many moons. Every handgun you pick up must have its own locking device with it when you leave the location. Some dealers will have you put the lock on the gun, some wont. If you only have to buy one lock, consider yourself lucky

Well, mostly. The safe affidavit works for handguns as far as DOJ is concerned, but ATF still requires a lock for a handgun unless they are C&R. Unlike DOJ, any lock will do for ATF. I'm not sure all FFLs follow this though.

[Librarian]

Fedlaw is 18 USC 922(z) - https://law.justia.com/codes/us/2011...4/section-922/

(z) Secure Gun Storage or Safety Device.—

(1) In general.—Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.

(2) Exceptions.—Paragraph (1) shall not apply to—

(A)(i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or

(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or

(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);

(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or

(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.

(3) Liability for use.—

(A) In general.—Notwithstanding any other provision of law, a person who has lawful possession and control of a handgun, and who uses a secure gun storage or safety device with the handgun, shall be entitled to immunity from a qualified civil liability action.

(B) Prospective actions.—A qualified civil liability action may not be brought in any Federal or State court.

(C) Defined term.—As used in this paragraph, the term “qualified civil liability action”—

(i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if—

(I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; and

(II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; and

(ii) shall not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se.

Feds will NOT accept the CA Safe Affidavit.

[ansan12001]

Thanks everyone. I guess last time I purchased that ffl was ok with the just the affidavit at that time.

[taperxz]

Well, mostly. The safe affidavit works for handguns as far as DOJ is concerned, but ATF still requires a lock for a handgun unless they are C&R. Unlike DOJ, any lock will do for ATF. I'm not sure all FFLs follow this though.

It’s also required by CADOJ that a non approved lock cannot be delivered with the gun.

What some don’t get is DOJ cornered us with the law. Technically the affidavit works until the ATF says a lock must be present. Then, DOJ says it needs to be a rostered lock. If you provide one that isn’t OEM CA approved you need to buy one and the dealer must provide the receipt with the DROS PACKAGE for inspection.

If you buy an approved locking device, it must be accompanied with a receipt within the last 30 days.

The affidavit works well for long guns because there is no ATF requirement for a long gun needing a locking device.

I’m sure you know this but I was adding to your comment

[mdr110]

I think Big 5 has ca approved locks.

[Nardo1895]

I have heard this but have not seen the PC requiring it. Do you have that? Not doubting you, would just like to confirm.

[operavoice]

Buy the lock, then return the lock in a separate transaction.

[Librarian]

I have heard this but have not seen the PC requiring it. Do you have that? Not doubting you, would just like to confirm.

Here you go:

23635.

(a) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a firearm safety device that is and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.

[Nardo1895]

Here you go:

That part is pretty clear. But TaperXZ said:



That is the part I'm wondering about. The Safe affidavit exempts the sale/transfer from the gunlock requirement on the state side, but not the feds. The question is; can you furnish a non-DOJ-approved lock to satisfy the fed requirement when the buyer has signed the safe affidavit?

[Tyke8319]

It's my understanding that no non-compliant lock may be transferred to the new owner under CA law. So affidavit would not negate the non-compliant lock rule.
Hope that makes sense...

[Nardo1895]

It's my understanding that no non-compliant lock may be transferred to the new owner under CA law. So affidavit would not negate the non-compliant lock rule.
Hope that makes sense...

Too many negatives for me to follow. LOL.

I have not seen language that says we can't include a non-compliant lock in a transfer as long as they file a safe affidavit (or we also furnish a complaint lock).

[lexo98]

I did a PPT at turners and they made me buy a cable lock. They never even gave it to me.