Question about 30 day wait period.....

[luis619]

On june 1st i purchased a handgun, on the 11th i picked it up, now im looking for a smith and wesson 5903. Do i have to wait until the 1st of july to buy it, wether its bought from a dealer or private party transfer? Also if i cant find it locally and must have it shipped either from within the state or outside the state do i still have to wait 30 days? i hope im clear with my question. thanks for all help.

P.S. If anyone has a 5903 youd like to sell let me know!

[lazyworm]

PPT doesn't count.

[luis619]

oh okay thanks!

[Saigon1965]

The second part of your question is if it goes thru the FFL then you'll wait for the 30 days -

Also the handgun roster applies to FFL transfers -

[kemasa]

With a few exceptions, all firearms have to go through a FFL (such as a PPT, which is exempt from the roster and exempt from the 1 in 30). How the firearm is transferred determines whether the 30 days apply. If it was transferred as a PPT, then it is exempt from the 30 days. A consignment transferred as a PPT would be exempt.

If you bought a firearm at noon on 01-Jun-2011, then you would have to wait until 12:01pm on 01-Jul-2011 to purchase another non-exempt from the 30 day limit. If you have a C&R FFL and a CA DOJ COE, then you are exempt from the 1 in 30 for all handguns, including modern (non-C&R) firearms.

[ron1950]

If you have a C&R FFL and a CA DOJ COE, then you are exempt from the 1 in 30 for all handguns, including modern (non-C&R) firearms.

I received my COE right away and am waiting on my C&R FFL.

Has anyone run into a situation where the dealer selling the gun does not know the rules and won't DROS a gun within the 30 day wait? If so how do you handle the situation?

Also would they even know? How does this work?

Let's say I buy a gun from a dealer today. Then next week I go to another dealer. Would the DROS process flag my purchase as within the 30 day limitation? How would it be entered to show that I am exempt (presuming the dealer is aware of the COE/FFL 03 rules)?

I am asking so that I will know how to handle the situation if it arises.

[BannedinBritain]

I received my COE right away and am waiting on my C&R FFL.

Has anyone run into a situation where the dealer selling the gun does not know the rules and won't DROS a gun within the 30 day wait? If so how do you handle the situation?

Also would they even know? How does this work?

Let's say I buy a gun from a dealer today. Then next week I go to another dealer. Would the DROS process flag my purchase as within the 30 day limitation? How would it be entered to show that I am exempt (presuming the dealer is aware of the COE/FFL 03 rules)?

I am asking so that I will know how to handle the situation if it arises.

When DROSing a 30 day exempt individual, there is a drop down menu for "waiting period exemptions". In that drop down menu, there is a "30 day exempt" selection the person DROSing you needs to select. Also, in the "comments" section, they should enter "03 FFL w/COE". You should be able to see these on your DROS...so another good reason to read your DROS before you sign.

[kemasa]

I
Has anyone run into a situation where the dealer selling the gun does not know the rules and won't DROS a gun within the 30 day wait? If so how do you handle the situation?

Also would they even know? How does this work?

Let's say I buy a gun from a dealer today. Then next week I go to another dealer. Would the DROS process flag my purchase as within the 30 day limitation? How would it be entered to show that I am exempt (presuming the dealer is aware of the COE/FFL 03 rules)?

I am asking so that I will know how to handle the situation if it arises.

There are many places that don't know what to do, All you can do is to try to educate them and if that does not work, find another place to do business.

They should know as that is their business, but there is a lot to know, so it is not surprising that some don't know about it. They can confirm it with the CA DOJ. You need to bring a copy of your C&R FFL and CA DOJ COE. It is marked as 30 day exemption.

[ron1950]

They should know as that is their business, but there is a lot to know, so it is not surprising that some don't know about it. They can confirm it with the CA DOJ. You need to bring a copy of your C&R FFL and CA DOJ COE. It is marked as 30 day exemption.

I was informed by an FFL that the FFL 03 and COE no longer qualifies you to skip the 30 day waiting period. He was firm about it and said that the DOJ just changed the rule within a week or so ago.

I believe him but have not been able to find any news articles or forum threads about it.

Has anyone else heard about this and do you know a reference article or website that discusses it?

Thanks

[Librarian]

I was informed by an FFL that the FFL 03 and COE no longer qualifies you to skip the 30 day waiting period. He was firm about it and said that the DOJ just changed the rule within a week or so ago.

I believe him but have not been able to find any news articles or forum threads about it.

Has anyone else heard about this and do you know a reference article or website that discusses it?

Thanks

There's a thread in the 2nd Amendment forum about it. It's true, and seems to be a misunderstanding by ATF combined with uncritical acceptance of that misunderstanding by CADOJ.

[ron1950]

There's a thread in the 2nd Amendment forum about it. It's true, and seems to be a misunderstanding by ATF combined with uncritical acceptance of that misunderstanding by CADOJ.

Thanks, I found it.

Hopefully it will be fixed soon. I have the COE and waiting on my FFL 03.

However, it seems like a long time for the FFL. It has been 60 days now.

[kemasa]

The BATF has nothing to do with the CA law and it is in the CA Penal code, so it does not seem to me that the CA DOJ can just decide to "view" it another way.

12072
(9) (A) No person shall make an application to purchase more than
one handgun within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
...
(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.

Please note that the FAQ:

http://ag.ca.gov/firearms/pubfaqs.php#23

24. I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols. Does the one-handgun-per-30-day restriction apply?

No. If you possess a valid federal Curio Relics Collector's license and a valid California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day restriction.

(PC section 12072(a)(9)(x))

It seems that (x) has been moved to (ix), so something was changed/removed.

Notice that there is no limit to only C&R firearms on that aspect of the Penal Code.

[BannedinBritain]

If you ask me, they are just trying to ignore the fact they left out the verbiage to make the exemption only apply to C&Rs. I think the term is agency fiat. IIRC, the 03 FFL even states on it's face it's only valid for curio and relics. But as Bill Wiese pointed out in the other thread...it doesn't matter, because nowhere in the law does it say anything about validity for certain transactions. It only says if you have this piece of paper (03 FFL), and this piece of paper (COE), you are exempt from the 1 in 30 rule.

[insiders]

....If you bought a firearm at noon on 01-Jun-2011, then you would have to wait until 12:01pm on 01-Jul-2011 to purchase another non-exempt from the 30 day limit. If you have a C&R FFL and a CA DOJ COE, then you are exempt from the 1 in 30 for all handguns, including modern (non-C&R) firearms.

Just so I understand the 30day waiting period is counted 30 days between the actual DROS days. (30 days before you can DROS again.)

Thx!

[kemasa]

To be accurate, you have to wait 720 hours from the time that the first DROS was submitted until the second DROS can be submitted. I would not try to get it down to the second or the minute.