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CA DOJ Approval # for an Airgun?

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  • #16
    tenpercentfirearms
    Vendor/Retailer
    • Apr 2005
    • 13007

    I just talked to my lawyer. He said an FFL is actually an agent of the US DOJ (I forget the case he cited). As such the state can't tell us what to do with our federal records. He said if they want to look at them, that is fine, but they cannot take them with them or make copies.

    He stated the "firearms transaction record" that the PC is referring too would be whatever falls under the PC. So it appears the only thing the PC requires us to show an agent would be DROS and HSC forms.

    He also stated our customers have privacy rights and you are not required to show them sales receipts.
    www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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    • #17
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      Interesting. I have heard before that the A&D can be looked at, but not copied or taken, and I think that included from the BATF. I think that it questionable as to whether they can write down information.

      The bottom line is that your lawyer said that they, the CA DOJ, can look at the A&D.

      The BOE might be able to look at the sales receipts, but it makes sense that the DOJ can not since it does not matter to them.
      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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      • #18
        SDProtection
        Junior Member
        • Jan 2009
        • 94

        Originally posted by kemasa

        The BOE might be able to look at the sales receipts, but it makes sense that the DOJ can not since it does not matter to them.
        That might be an interesting argument. As agents under federal jurisdiction, one might argue the entire sale is considered the same. Therefore maybe the BOE doesn't have the latitude it might think it does. Just for arguments sake....
        SD Protection

        www.weaponsandgear.com
        info@weaponsandgear.com
        888-900-4188
        ------------------------------------------------------
        "Never argue with an idiot; they'll drag you down to their level and beat you with experience." ~ Anonymous

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        • #19
          tenpercentfirearms
          Vendor/Retailer
          • Apr 2005
          • 13007

          Originally posted by kemasa
          Interesting. I have heard before that the A&D can be looked at, but not copied or taken, and I think that included from the BATF. I think that it questionable as to whether they can write down information.

          The bottom line is that your lawyer said that they, the CA DOJ, can look at the A&D.

          The BOE might be able to look at the sales receipts, but it makes sense that the DOJ can not since it does not matter to them.
          I believe they can write down the information, they just can't make copies. It probably falls under the same idea that you can't copy federal IDs I would imagine.

          I wonder what federal documents we have to show to local law enforcement?

          Again, in the end, it doesn't matter to me. I staple a customer's complete packet together so whoever looks at the 4473, is going to see everything. I guess I could always start sorting those items separate, but I don't think I want to.
          www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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          • #20
            kemasa
            I need a LIFE!!
            • Jun 2005
            • 10706

            I keep all the paperwork together as well. It makes life easier since I don't want to find related documents in different files.

            SDprotection: With respect to the BOE, I think there would be a problem claiming that you don't have to show the supporting evidence regarding sales.
            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

            Comment

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