XD40, came without approved lock

[ripro75]

Sucks that a nice gun for a customer came with a nice lock that isn't approved. The lock model is GE5024.

[jtmkinsd]

Sucks that a nice gun came with a nice lock that isn't approved. The lock model is GE5024.

I've never been that strict...if it functions as a lock, it's good to go. IMHO

[ripro75]

I wouldn't either but its supposed to be a CA-approved lock for the transfer. Not a big deal, I will just give one to my customer.

[tenpercentfirearms]

I've never been that strict...if it functions as a lock, it's good to go. IMHO

Let me know when you want to delete this. You are making the DOJ's job too easy.

http://ag.ca.gov/firearms/dwcl/12087.php

12088.15. (a) No person shall keep for commercial sale, offer, or expose for commercial sale, or commercially sell any firearms safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 12088, or that does not comply with the standards for firearms safety devices adopted pursuant to Section 12088.2.
(b) No person may distribute as part of an organized firearm safety program, with or without consideration, any firearm safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 12088 or does not comply with the standards for firearms safety devices adopted pursuant to Section 12088.2.
(c) No long-gun safe may be manufactured in this state for sale in this state that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, unless the long-gun safe is labeled by the manufacturer consistent with the requirements of Section 12088.1.
(d)(1) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, and who knows or has reason to know, that the long-gun safe in question does not meet the standards for gun safes adopted pursuant to Section 12088.2, is in violation of this section, and is punishable as provided in subdivision (e), unless the long-gun safe is labeled pursuant to Section 12088.1.
(2) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, and who removes or causes to be removed from the long-gun safe, the label required pursuant to Section 12088.1, is in violation of this section, and is punishable as provided in subdivision (e).
(e) A violation of this section is punishable by a civil fine of up to five hundred dollars ($500). A second violation of this section that occurs within five years of the date of a previous offense is punishable by a civil fine of up to one thousand dollars ($1,000) and, if the violation is committed by a licensed firearms dealer, the dealer shall be ineligible to sell firearms in this state for 30 days. A third or subsequent violation that occurs within five years of two or more previous offenses is punishable by a civil fine of up to five thousand dollars ($5,000) and, if the violation is committed by a licensed firearms dealer, the firearms dealer shall be permanently ineligible to sell firearms in this state.
(f) The Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of the provisions of this section.

[jtmkinsd]

Let me know when you want to delete this. You are making the DOJ's job too easy.

http://ag.ca.gov/firearms/dwcl/12087.php

Let em sue me and I'll gladly let a judge decide if an OEM lock doesn't meet the requirement. IF the judge agrees with DOJ, I'll gladly pay the $500 and THEN I'll be the lock Nazi.

[tenpercentfirearms]

Let em sue me and I'll gladly let a judge decide if an OEM lock doesn't meet the requirement. IF the judge agrees with DOJ, I'll gladly pay the $500 and THEN I'll be the lock Nazi.

Except if they find this thread and they can show you are completely disregarding law that will probably stand up in court, they might be able to pull your license. You have a constitutional right to keep and bear arms. The state probably can mandate that you as a dealer can only sell approved FSDs. If you want to waste a whole lot of your money fighting this fight, it is your choice. I can just think of many more things your lawyer's fees and your $500 could go towards in a case where you are probably going to lose.

And I am sure that you have to be busted and then your 5 years starts. However, what if they say we prosecuted you from a DROS six years ago and here it is again now. That is two prosecutions in six years, you will no longer sell firearms in this state forever! Probably less likely.

A more likely scenario is now they just go through your records a little harder. So your first fine puts you on notice and then they search harder and find another one. You are done selling guns in this state forever.

The penal code is clear, you may only offer for sale or give away approved FSDs. Touting that you don't care is like touting you don't care that you are supposed to make customers wait ten days. 9 is just about as good. A really unwise move in my opinion.

[jtmkinsd]

I see your point...but first and foremost they have to find an offense...I don't know about you...but I've not had one single instance where DOJ wanted to see the lock with the gun as it goes out the door (requirement to violate the law)...the only notation I make on the DROS for locks that come with the gun..."OEM lock" is all they see...No requirement for documentation that it actually matches what's on the list. Just as the agents pick and choose what's important to them when they audit...I pick and choose what's most important not to stray from in my practices...agents are always going to find things to ding you for in an audit...my guess is if they really wanted to enforce this they would gig me for it and instruct me not to do it again...even before they tried to "prosecute" an offense. My argument, regardless of how anyone reads my statement, is "prove I violated the law". If the lock comes with the firearm, I have not offered, exposed for sale, or in any way "approved" said lock...it came with the firearm, "OEM Lock".

[rromeo]

What is so special about the California approved locks?

[Carsgunsandchics]

What is so special about the California approved locks?

The $$ the state made from handing out their stamp of approval for the most part.

[Capt. Speirs]

I record the Lock manufacturer (if known) and model on the DROS and 4473 were required. What do you guys do?

[Sacramento Black Rifle]

That lock IS approved! Kengs firearms specialties GE5024

[jtmkinsd]

I record the Lock manufacturer (if known) and model on the DROS and 4473 were required. What do you guys do?

Where on those forms is space provided to "record" the lock make and model?

[halifax]

Line 30c works great for me. I record all handgun lock information there so I don't have to track down anything in an audit.

[jtmkinsd]

Line 30c works great for me. I record all handgun lock information there so I don't have to track down anything in an audit.

Yeah...guess you could write anything in there...guess ATF takes our word for it? I keep a DROS in the packet I store...so the "OEM Lock" entry in the DROS is good enough for me...and if they buy one, copy of the receipt is in the packet too.

[halifax]

Yeah...guess you could write anything in there...guess ATF takes our word for it? I keep a DROS in the packet I store...so the "OEM Lock" entry in the DROS is good enough for me...and if they buy one, copy of the receipt is in the packet too.

Aren't they taking our word for it on most everything else?

My auditor didn't really want to see any supporting documentation other than the 4473s. I'm just trying to make it easier for her by putting the lock information there.