C&R Mosin Nagant - 10 day wait?

[MGM Tactical]

Please help me here as I have received conflicting info. Is there a 10 day wait on a C&R Mosin Nagant?

thanks, Jeremy

[ke6guj]

if you are buying from a CA dealer and do not have a C&R FFL + COE, then, yes, there is a 10-day wait.

with both the C&R FFL + COE, you are exempt from the 10-day wait, but must still DROS.

[MGM Tactical]

I am a Class 1 FFL, does the customer have to wait 10 days?

[ke6guj]

I am a Class 1 FFL, does the customer have to wait 10 days?

If you are a CA dealer, then yes, the customer has to wait 10 days, unless he has a C&R FFL + COE.

12078(t)(1) The waiting period described in Sections 12071 or 12072 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor, by a dealer to a 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 who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077.

[Quiet]

I am a Class 1 FFL, does the customer have to wait 10 days?

Yes, the 10 day wait applies to C&R firearms transfered by a CA FFL dealer.

However, if the person has a "C&R" 03-FFL & a valid COE, then they are exempt from the 10 day wait. [PC 12078(t)(1)]



Penal Code 12078
(t)(1) The waiting period described in Sections 12071 or 12072 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor, by a dealer to a 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 who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077.

[MGM Tactical]

Thanks all!

[tenpercentfirearms]

Basically, if you bring it into your shop, they have to wait unless they have specific paperwork to show they are exempt.

If they bought it from a non-licensed individual, then their C&R gun over 50 years old does not require a background check.

You make everyone wait! If they don't have to, they will have all of the paperwork they need to show you they don't.

http://ag.ca.gov/firearms/dlrfaqs.php#21G

21.Who is exempt from the waiting period?
The most common exemptions to the 10-day wait include:

a.California law enforcement officers are exempt from the waiting period if they have a letter signed by the head of the agency or commanding officer, stating they are full time paid peace officers authorized to carry a firearm in the performance of their duties and authorizing the purchase. The dealer must retain the original letter and attach it to the DROS record.
b.Persons who have special weapons permits issued by DOJ are exempt. The dealer must retain a copy of the permit and attach it to the DROS record. Qualifying special weapons permits include:
1.Possession of Short-barreled Rifle/Shotgun, (PC Section 12095);
2.Possession or Sales of Machine Guns (PC Section 12230, 12250); and
3.Possession of Destructive Device (PC Section 12305).
c.Persons who have a curio and relic collector's license issued by the BATF and who have a valid COE issued by the DOJ are exempt from the waiting period only when purchasing curio and relic firearms. The dealer must retain a copy of the FFL collector's license and the COE.
d.Dealers transferring a handgun from inventory to their personal collection are exempt from the waiting period but are still required to submit DROS records for each handgun transferred. There are no DROS submission or waiting period requirement for dealers transferring long guns to themselves for personal use. The BATF's acquisition/disposition log requirements still apply.
(PC section 12078)

[kemasa]

Is the firearm from your own personal collection or it is from your business? You can sell a long gun which is over 50 years old without going through a FFL and so there would not be any waiting period, DROS or anything else. If the firearm goes through a FFL, then the answer is different.

[stalin's ghost]

California Big Five's make even C&Rs wait, as they carry the Mosins as booked inventory on their FFL and can't simply remove it,
Private face-to-face sale of C&R long guns (not handguns) is legal in CA, but no 01 FFLs
I know would consider it for any inventory items on their books.

[kemasa]

If a C&R FFL holder has a CA DOJ COE, then they are exempt from the waiting period. I don't know what you are talking about removing it, since it would not be removed from their bound book, it would just be logged out when the paperwork is done. Perhaps Big5 refuses to honor the waiting period exemption, but it has nothing to do with the bound book.