Newb 01 FFL Questions

[TheExpertish]

Okay, so special thanks to tenpercentfirearms for the Master FAQ thread, but I still have a few questions that I can't seem to find the answers to. As a bit of a background I am planning on applying to get my 01 FFL. I want to cater to estate sales and people looking to liquidate collections, and as such will primarily be selling online. However, I do plan on providing services for FTF and out of state transfers. I will have an office I can use to do business, but will likely not be able to store firearms on location. So...

Conducting Business
1. Can I store guns off site from my listed business address?

2. Can I conduct business during an estate sale that is outside of my city permit? If so, I imagine I would have to require pick-up at my actual location, correct?

3. I will have an assistant who will answer calls and receive shipments when I am not there. She will not be dealing with customers or handling the firearms outside of the packages. Is she still required to have an Employee COE to sign for shipped items?

4. Can a CA LEO with an 03FFL use his credentials in place of a COE and be allowed to cash and carry C&R long guns?

Perks
5. Can I use my 01FFL for my personal collection and acquire off-roster handguns from out of state, or even in state without FTF?

[TheExpertish]

Okay, so just saw another post where Librarian covered question #2.

PC 26890
(a) Except as provided in subdivisions (b) and (c) of
Section 26805, any time when the licensee is not open for business,
all inventory firearms shall be stored in the licensed location. All
firearms shall be secured using one of the following methods as to
each particular firearm:
(1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.

[tenpercentfirearms]

Okay, so special thanks to tenpercentfirearms for the Master FAQ thread, but I still have a few questions that I can't seem to find the answers to. As a bit of a background I am planning on applying to get my 01 FFL. I want to cater to estate sales and people looking to liquidate collections, and as such will primarily be selling online. However, I do plan on providing services for FTF and out of state transfers. I will have an office I can use to do business, but will likely not be able to store firearms on location. So...

Conducting Business
1. Can I store guns off site from my listed business address?

No. You can have them off site with you for transportation or for demoing, but the guns usually need to be stored at the business location. I know a guy who actually did most of his business at home, but his official address was in a properly zoned area. I am not sure how he got away with it.

2. Can I conduct business during an estate sale that is outside of my city permit? If so, I imagine I would have to require pick-up at my actual location, correct?

The only place you are supposed to conduct business is at the location or a properly licensed gun show. There might be another exemption there. Read for it.

12071.(b) A license is subject to forfeiture for a breach of any of the following prohibitions and requirements:
(1)(A) Except as provided in subparagraphs (B) and (C), the business shall be conducted only in the buildings designated in the license.
(B) A person licensed pursuant to subdivision (a) may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subparagraph shall be entitled to conduct business as authorized herein at any gun show or event in the state without regard to the jurisdiction within this state that issued the license pursuant to subdivision (a), provided the person complies with (i) all applicable laws, including, but not limited to, the waiting period specified in subparagraph (A) of paragraph (3), and (ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall publicly display his or her license issued pursuant to subdivision (a), or a facsimile thereof, at any gun show or event, as specified in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in the sale and transfer of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, at events specified in subdivision (g) of Section 12078, subject to the prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept delivery of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.

3. I will have an assistant who will answer calls and receive shipments when I am not there. She will not be dealing with customers or handling the firearms outside of the packages. Is she still required to have an Employee COE to sign for shipped items?

The only people required to have a COE are people listed with the CA DOJ for the CFD number. No one else is required. However, if they run their background and they are prohibited, you might be in trouble. The COE really only protects you from shady employees. I was just wondering if I should run my employee through a COE, but realize she has a CCW so as long as she continues to get that, she should be safe.

4. Can a CA LEO with an 03FFL use his credentials in place of a COE and be allowed to cash and carry C&R long guns?

Nope. The penal code says COE. And even then they still get DROSed. They might have a letter, but it still gets DROSed.

Perks
5. Can I use my 01FFL for my personal collection and acquire off-roster handguns from out of state, or even in state without FTF?

You cannot DROS any handgun to anyone unless it is on the CA approved list of handguns for sale unless they have an exemption like a full time paid peace officer. You are not exempt from the safe handgun roster.

Your business can keep the firearm in its inventory, but you cannot transfer it to your personal inventory. Time to get into the single shot exempt business.

All good questions. I would recommend reading this entire section of the penal code in its entirety to any new dealer.

http://ag.ca.gov/firearms/dwcl/12070.php

[Librarian]

All good questions. I would recommend reading this entire section of the penal code in its entirety to any new dealer.

http://ag.ca.gov/firearms/dwcl/12070.php

Or, the version as renumbered, starting with 26500. New numbers go into effect in January, so those are the ones that will be referenced from then on.

[TheExpertish]

Perfect, that's what I needed. Thanks guys.

[Boogaloo]

No. You can have them off site with you for transportation or for demoing, but the guns usually need to be stored at the business location.

I know a guy who actually did most of his business at home, but his official address was in a properly zoned area. I am not sure how he got away with it.

The only place you are supposed to conduct business is at the location or a properly licensed gun show. There might be another exemption there. Read for it.

He most likely is an 07, and you are required to have any additional place you intend to conduct business (machining, annodizing etc.) licensed separately as an extension of the "business". If both places are licensed, then you can operate out of both locations. All sales and DROS's must be at the main location however as I understand it.