More DOJ FUD

[FortCourageArmory]

[tenpercentfirearms]

Wait, I am confused. First you are talking about 30-day violations. Here in general are the people 1 in 30 days exempt. http://ag.ca.gov/firearms/pubfaqs.php#22 Note only people, not guns are 1 in 30 days exempt.

Then you are talking about it being roster exempt.

Yes this revolver is roster exempt, but that does not make it 1 in 30 days exempt. Do you believe it should be?

(9)(A) No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in California.
(v) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of his or her employment as a peace officer.
(vi) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an exemption from the waiting period set forth in subdivision (c) of this section.
(viii) Any transaction conducted through a licensed firearms dealer pursuant to Section 12082.
(ix) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto and who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071.
(x) The exchange of a pistol, revolver, or other firearm capable of being concealed upon the person where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(xi) The replacement of a pistol, revolver, or other firearm capable of being concealed upon the person when the person's pistol, revolver, or other firearm capable of being concealed upon the person was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which he or she resides.
(xii) The return of any pistol, revolver, or other firearm capable of being concealed upon the person to its owner.

[LoneWolf1]

tenpercent, the way I read the OP is that the original call was about a 30 day violation and then in the conversation moved to the CA Roster. At that time, the DOJ tried to tell FortCourage that the particular handgun was not roster exempt.

Typical behavior for the CA DOJ In my opinion.

[kemasa]

In re-reading the post, it does sound like what was being talked about was what was roster exempt, but that does not matter with the 1 gun per 30 days, as Wes said, so it sounds like we need more details. I think that the roster issue was completely separate from the reason for the phone call.

It sounds like the DOJ person does not know what is roster exempt, such as single action firearms perhaps.

I suspect the confusion is because of the reason for the phone call.

[FortCourageArmory]

Sorry for the confusion, Wes. Kemasa has it right. The DOJ lady called regarding a 30-day violation and in the course of figuring out my customer didn't have a 30-day violation the subject to roster exempt guns came up. The gun in question happened to be a Cimmarron Model P that I know is roster exempt but the DOJ lady insisted that only "antique" single actions qualified as exempt. I wasn't in th emood to argue so I let it slide, but it shows that DOJ is clueless about the very laws they are supposed to enforce.

Hope that makes it a little clearer.

[tenpercentfirearms]

Yeah I think you guys are right. I think it was two separate topics of discussion.

It doesn't matter if it is an antique or not, here are the exemptions for the roster.

12133. (a) The provisions of this chapter shall not apply to a single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
(b) The provisions of this chapter shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 10 1/2 inches when the handle, frame or receiver, and barrel are assembled.

[FortCourageArmory]

Yep, Wes....12133 (a) (2) and/or (3) are the operative sections of the penal code that proves her wrong. Wish I had chapter and verse to share with her yesterday.

[jdberger]

Why confuse the enforcement arm of the government with the actual text of the law.

Simply not fair....

[GetBulletsandBrass]

Print out a copy of the regulation and call back to confirm. Most of the DOJ folks I talk to are easy to work with. As long as you're not trying to fight with them they will work with you.