One handgun a Month Question??

[74man]

OK, here it is. My brother in law, who is very impatient, even to the point that it will cost him money, he say's he doesn't care. He goes to the local gun shop and puts $1000.00 down on an order of a Loaded Operator Springfield 1911 in 45 ACP. He calls Springfield and they tell him that he could receive the gun at the dealer in anywhere from one month to a year.(Now he's impatient) He orders the gun at the local dealer. He goes about 65 miles away and finds a Loaded Springfield in 45 acp in this gun shop and buys the gun there, which is on their shelf for $1240.00. He knows that he has to wait 10 days before he can pick the firearm up at their gun shop, so he is waiting. On the 8th day of his wait, the local gun shop notifies him that the Loaded Operator is in and he has to go do the paperwork on the gun. Today is the 11 day and my brother in law and I went to the gun shop to notify them that he no longer wants to purchase the Loaded Springfield and he wants his money back. The owner tells him that he has to still pay for the transfer fees and DROS paperwork which came to $70.00 which was OK with him. Now here is the Question-
According to State law my brother in law can only purchase one handgun a month.

1.) Does this return of the Loaded Springfield amount to a purchase, even though he never took possession of the firearm?

2.) Does him filing out the DROS paperwork constitute his one handgun a month?

3.) How will this Sceniro work out?

4.) Once he gets his money back from the dealer can he purchase the gun from the local dealer or does he have to wait another 30 days before he can buy another handgun even though he never took posession of the first handgun but did complete the DROS paperwork?
Any and all information is great appreciated. I know alot about the Cal Laws but this one has me stumped. Thanks.

[jtmkinsd]

Once a DROS for a handgun is submitted to DOJ in his name, any other DROS submitted before 30 days is up will result in a 30 violation denial (unless it's a PPT). Once you do paperwork you have legally taken posession subject to the background check. The dealer is entitled to his transfer fee and DROS fee. The gun which he did the DROS on is HIS...he may as well go pick it up and maybe he won't be so impatient next time...lol

[kemasa]

This is not black & white. If the FFL cancels the DROS, as they should, it might not count. This is something which the CA DOJ would have to give the answer to and there also could be problems due to how the system works (or doesn't work).

The firearm is NOT his until ALL the final paperwork is done.

[jtmkinsd]

After the 10 day wait? Possibly...might not count...He's already out $70. In the end he may end up waiting waaaayyyy longer to get the gun and at the same cost...or even more...possibly. And let's assume DOJ tells him "oh sure...you can cancel after 10 days and it doesn't count on the 30 day wait" so he DROS's the other gun and gets denied for a 30 day violation.

Granted, I'm going to call and get an opinion...but in all practical terms the OP should tell his brother-in-law it's in his best interest to just pick up the gun he DROS'd

[kemasa]

Except that he then has to pay for the second firearm (or the first, depending on how you look at it).

[jtmkinsd]

Except that he then has to pay for the second firearm (or the first, depending on how you look at it).

A good lesson in the virtue of patience...lol

[74man]

THANK YOU TO ALL!!!!!!

I want to thank all who replied. THANK YOU!!!!!!!.

I told my BIL what you guys said and told him if it was ME, I would pick up the gun I had already DROS'd, wait the thirty days then DROS the other gun. Like hell I will give the guy 70 bucks for restocking fee when the gun was already on the shelf in his store. But ofcourse he doesn't listen to me. He went and got his money back for the first gun, then went to where he bought the ordered the second guy and told them what he had done, they told him that since he had already had 1k down on the order they will hold it for him until the 30 days is over. He doesn't realize that he will then have to wait another 10 days before he can pick it up, that totals about 60 days wait taking into consideration when he ordered the first gun. I ordered a rifle last Friday and I will have it in my possession before he is even able to fill out his paperwork.
Again I want to thank you for the great information, I had figured as much but it is always nice to know from someone who keeps up with the laws.

THANKS AGAIN, BOB

[kemasa]

The $70 would not be a restocking fee really. $25 would be for the DROS and is not refundable. The rest would most likely be for their time to do all the paperwork. Normal restocking fees are like 15% of the price of the firearm.

[winnre]

I am so glad I got my COE and C&R. Today is day 31 and I can buy again, but since I am now exempt from the 1 in 30 I feel so much peace. :>