Shipping Directly to C&R Licensee OK?

[kemasa]

When I asked the CA DOJ, they said that a C&R longgun does not need to be DROS'd if the person has a C&R FFL and CA DOJ COE. As was said, it could be shipped to them from outside the state, so the same should be true for in-state.

[ke6guj]

When I asked the CA DOJ, they said that a C&R longgun does not need to be DROS'd if the person has a C&R FFL and CA DOJ COE. As was said, it could be shipped to them from outside the state, so the same should be true for in-state.

If it was the same in-state vs. out of state., I wouldn't even need a COE to be able to cash-and-carry C&R firearms from a dealer. Sounds like some bad info from CADOJ.

[tenpercentfirearms]

When I asked the CA DOJ, they said that a C&R longgun does not need to be DROS'd if the person has a C&R FFL and CA DOJ COE. As was said, it could be shipped to them from outside the state, so the same should be true for in-state.

LOL. Are you seriously relying on logic to try and justify penal code?

I was told the opposite when I got my FFL. We need to call in tomorrow and see what we can find out.

Also, I bet

(1) The delivery, sale, or transfer of an unloaded firearm that is not a handgun by a dealer to another dealer upon proof of compliance with the requirements of paragraph (1) of subdivision (f) of Section 12072.
((2) The delivery, sale, or transfer of an unloaded firearm by a dealer to another dealer if that firearm is intended as merchandise in the receiving dealer's business upon proof of compliance with the requirements of paragraph (1) of subdivision (f) of Section 12072.

those sections apply to people on the CFD. I have a crying baby to attend, someone look it up for us please.

[Mssr. Eleganté]

When I asked the CA DOJ, they said that a C&R longgun does not need to be DROS'd if the person has a C&R FFL and CA DOJ COE. As was said, it could be shipped to them from outside the state, so the same should be true for in-state.

The Penal Code does not back up what CalDOJ told you. CPC 12073(a) states that dealers need to DROS firearms.

CPC 12073. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Section 12077.

Although CPC 12073(b) does list all of the exemptions to DROS, a C&R FFL who resides in California is not one of the listed exemptions. Furthermore, if you look at CPC 12077, the section of the law that actually describes how to do the DROS, you'll see that it requires dealers to include the proper waiting period exemption code on the DROS when they DROS a C&R long gun to a C&R FFL who also has a COE...

12077(c)(1) For firearms other than handguns, information contained in the register or record of electronic transfer shall be the date and time of sale, peace officer exemption status pursuant to subdivision (a) of Section 12078 and the agency name, auction or event waiting period exemption pursuant to subdivision (g) of Section 12078, California Firearms Dealer number issued pursuant to Section 12071, dangerous weapons permit holder waiting period exemption pursuant to subdivision (r) of Section 12078, curio and relic waiting period exemption pursuant to paragraph (1) of subdivision (t) of Section 12078...

Why would you need to include the C&R waiting period exemption code on a DROS if the DROS was never even required in the first place?

[kemasa]

If someone from outside the state can ship a C&R longgun to a C&R FFL with a COE, then that same exemption would apply to in-state shipments. You can't have it both ways.

If it was the same in-state vs. out of state., I wouldn't even need a COE to be able to cash-and-carry C&R firearms from a dealer. Sounds like some bad info from CADOJ.

Sigh ... why do you jump to that? Why would you think that I am saying that EVERYTHING is the same in-state and out of state? Please sit to the subject. If it was the same everywhere, there would be no DROS, correct?

I don't think it is bad information. Long guns are not tracked in regards to serial numbers, so what is the point of the DROS if the person has a COE?

[Mssr. Eleganté]

If someone from outside the state can ship a C&R longgun to a C&R FFL with a COE, then that same exemption would apply to in-state shipments. You can't have it both ways.

First of all, someone outside of California can ship a 50+ year old C&R long gun to a California C&R FFL even if the C&R FFL does not have a COE. Second of all, the out of state party can only do this because they are not a "california licensed dealer". California law only requires "california licensed dealers" to DROS firearms.

[kemasa]

The penal code is a bit of a mess, so you need to follow all the requirements and exemptions.

[Mssr. Eleganté]

The penal code is a bit of a mess, so you need to follow all the requirements and exemptions.

You can say that again.

[ke6guj]

If someone from outside the state can ship a C&R longgun to a C&R FFL with a COE, then that same exemption would apply to in-state shipments. You can't have it both ways.

but I don't need a COE to accept a C&R long gun (over 50-years old) from out of state, just a C&R. And a COE won't help getting a C&R handgun or <50-year old C&R long gun shipped to me.

Sigh ... why do you jump to that? Why would you think that I am saying that EVERYTHING is the same in-state and out of state? Please sit to the subject. If it was the same everywhere, there would be no DROS, correct?

sure sounded like that is what you meant, my bad.

I don't think it is bad information. Long guns are not tracked in regards to serial numbers, so what is the point of the DROS if the person has a COE?

the point is, the PC says that even with C&R+COE, that "On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077" which is a DROS.

Doesn't matter if it makes sense, that is what the PC requires.

[TripleT]

Once you guys get all this crap figured out, I'd love to see a flow chart... ;-)

[ke6guj]

someone else can make that flowchart. I'm burned out on making flowcharts right now

[TripleT]

someone else can make that flowchart. I'm burned out on making flowcharts right now

Jack,

I'm not sure we'd have enough paper, ink or correction fluid to make that chart...