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Clarification on 30 days between handgun purchases.

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  • titus75
    Member
    • Jul 2011
    • 396

    Clarification on 30 days between handgun purchases.

    If I buy a used handgun off the marketplace and it's shipped directly to my ffl by the seller how does that work with the 30 day rule? My understanding is that ppt transfers that are not drose'd face to face count as a purchase that then requires a 30 day wait. Ftf ppt transfers or consignment purchases for used are exempt from this. Is this correct and is this part of the law or is it at the ffl's discretion on whether or not a used handgun purchase triggers the 30 day wait. Thanks for your help.
    I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    I try to think of it this way, the 30-day rule applies to all handgun purchases, unless there is an exemption. There is an exemption for PPT transfers. CA defines a PPT transfer as one that occurs between 2 CA residents, with both of them having appeared in person in front of the FFL doing the PPT. If it is shipped in, it is not a PPT and not exempt from the 30-day rule. If the seller does not have CA ID, it is not a PPT and not exempt. Cosignment sales are often processed as a PPT, and would be exempt.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      EBR Works
      Vendor/Retailer
      • Dec 2007
      • 10492

      The purchase shipped to an FFL is not a PPT and therefore the 30 day rule applies. It sounds like you already understand.


      Check out our e-commerce site here:

      www.ebrworks.com

      Serving you from Prescott, AZ

      Comment

      • #4
        titus75
        Member
        • Jul 2011
        • 396

        I think I finally got it thru my thick head, I just wasn't sure if the ffl had any leeway on how a ppt transaction was dros'ed with regard to both parties being present or not. So I'm off the market for thirty days unless its ftf or consignment :-(
        I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.

        Comment

        • #5
          tenpercentfirearms
          Vendor/Retailer
          • Apr 2005
          • 13007

          Originally posted by titus75
          I think I finally got it thru my thick head, I just wasn't sure if the ffl had any leeway on how a ppt transaction was dros'ed with regard to both parties being present or not. So I'm off the market for thirty days unless its ftf or consignment :-(
          Unless the DROS form you sign has a signature box for the seller (and the dealer who isn't the seller), you are not exempt. Your 1 in 30 starts at the date and time printed on the DROS.
          www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

          Comment

          • #6
            titus75
            Member
            • Jul 2011
            • 396

            That 30 days starts the day I pick up my purchase after completing the ten day wait right?
            I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.

            Comment

            • #7
              BannedinBritain
              Member
              • May 2011
              • 302

              Originally posted by titus75
              That 30 days starts the day I pick up my purchase after completing the ten day wait right?
              No...as tenpercent said, your 30 day clock starts the exact moment your DROS is submitted...the date and time in the upper left part of your DROS is when the clock starts.

              Comment

              • #8
                remington
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Nov 2008
                • 588

                As a FFL dealer, if I want to transfer a few handguns from inventory to myself, according the the DOJ, I am not exempt and can only do one semi auto every 30 days? sound right?
                sigpic
                Corona, Ca
                NRA Life Member
                FFL




                Gun Control is like treating the symptom, not the disease. Gun laws only restrict people who obey the law.

                Comment

                • #9
                  tenpercentfirearms
                  Vendor/Retailer
                  • Apr 2005
                  • 13007

                  Originally posted by remington
                  As a FFL dealer, if I want to transfer a few handguns from inventory to myself, according the the DOJ, I am not exempt and can only do one semi auto every 30 days? sound right?
                  No. You are 1 in 30 day exempt.



                  Your handguns must still be on the roster however.
                  www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                  Comment

                  • #10
                    titus75
                    Member
                    • Jul 2011
                    • 396

                    Wow, unfriggingbelievable, I just bought new handgun this past June and was told to my face by the ffl that the 30 day wait started "the day you pick up the gun from us and it's 30 days to the exact minute on the clock"
                    I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.

                    Comment

                    • #11
                      tenpercentfirearms
                      Vendor/Retailer
                      • Apr 2005
                      • 13007

                      Originally posted by titus75
                      Wow, unfriggingbelievable, I just bought new handgun this past June and was told to my face by the ffl that the 30 day wait started "the day you pick up the gun from us and it's 30 days to the exact minute on the clock"
                      Your FFL luck has been really bad lately!
                      www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                      Comment

                      • #12
                        kemasa
                        I need a LIFE!!
                        • Jun 2005
                        • 10706

                        Originally posted by titus75
                        Wow, unfriggingbelievable, I just bought new handgun this past June and was told to my face by the ffl that the 30 day wait started "the day you pick up the gun from us and it's 30 days to the exact minute on the clock"
                        That is funny!!! Since it applies to other FFLs as well, and since the date and time of delivery is not reported, how do other FFLs know what the date and time of delivery was? Do they look up the paperwork to determine the time since it would be listed on the DROS system after 30 days.

                        They are quite unclear on the details and the CA DOJ would not reject the second sale unless it is within 30 days of the initial sale when the DROS was submitted. I guess they have not thought about it much.

                        You might want to either suggest that they call the DOJ or find another FFL or both.
                        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

                        • #13
                          titus75
                          Member
                          • Jul 2011
                          • 396

                          Oh no no no, this guy won't listen to me, trust me, he KNOWS the law forwards and back, friggin blockhead....
                          I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.

                          Comment

                          • #14
                            Santa Cruz Armory
                            Veteran Member
                            • Feb 2006
                            • 4357

                            Originally posted by titus75
                            Oh no no no, this guy won't listen to me, trust me, he KNOWS the law forwards and back, friggin blockhead....
                            What town is your FFL in?
                            WWW.SANTACRUZARMORY.COM

                            Comment

                            • #15
                              titus75
                              Member
                              • Jul 2011
                              • 396

                              Yeah Ten, it sure has, this is same individual who wouldn't receive a handgun I was buying unless it was shipped from ffl. It's my fault for not doing a little research and questioning things a little more but I'm dealing with the "Moses" of Ca gun law.
                              I didn't buy fireworks on the 4th of July, if I want fireworks I'll call my ex-wife.

                              Comment

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