Odd question for you guys

[Mssr. Eleganté]

I don't think that the CA DOJ understands the different definitions of an antique firearm and what applies to which PC section.

I'm sure you are right about that.

[halifax]

If you are talking about sales by people who are not California licensed dealers then anything defined as an "antique" by the feds is exempt. It doesn't matter if they are handguns and it doesn't matter if they fire modern ammo. The feds exempt all antiques from having to be transfered through an FFL and California exempts all antiques from having to be transfered through a California licensed dealer.

If you are talking about sales by California licensed dealers then where are you seeing this exemption to the DROS for any kind of antique? The penal code requires California licensed dealers to DROS any firearms they transfer to non-licensees.

If it is a hunk of metal when I receive it, I'm not going to enter it into my A/D book, I'm not going to fill out a 4473 when I sell it because it is only a "hunk of metal" and a 4473 is not required for hunks of metal. But you are saying CA says I need to DROS a hunk of metal??

I would think the "exemption" to the DROS is that it is NOT a firearm by law; hence, doesn't need to be DROSed. It is only a hunk of metal.

[Mssr. Eleganté]

If it is a hunk of metal when I receive it, I'm not going to enter it into my A/D book, I'm not going to fill out a 4473 when I sell it because it is only a "hunk of metal" and a 4473 is not required for hunks of metal. But you are saying CA says I need to DROS a hunk of metal??

I would think the "exemption" to the DROS is that it is NOT a firearm by law; hence, doesn't need to be DROSed. It is only a hunk of metal.

See my response to your question up above in post #14.

[halifax]

...
But California law implies that if you are already licensed to sell firearms then you have to DROS them.

I guess I'm dense. Where does CA PC turn them back into "firearms" and "imply" that I need to DROS them?

Thanks

[kemasa]

There are three different definitions of what an antique firearm is in the CA PC, so it is confusing and the CA DOJ seems to think that there is only one. One aspect is if there is any modern ammo which is available for it.

I have looked into this and to be quite honest I am not sure of what the answer really is, especially with the changes to the PC sections.

[Librarian]

See also the wiki -- http://wiki.calgunsfoundation.org/De..._a_firearm/gun

[kemasa]

Part of the problem is not only figuring out what the correct definition for each PC section, but that the CA DOJ seems to have a different view than the actual law, which means that you might win in the end, but suffer until then.

Also, if a FFL sends you an antique firearm AND also includes a CFLC letter, then what? You can't cancel a CFLC letter and you need to be able to show what happened to the firearm.

[halifax]

See also the wiki -- http://wiki.calgunsfoundation.org/De..._a_firearm/gun

OK, thanks but it's going to take me awhile to digest that especially with the new numbering.

[Eddy's Shooting Sports]

It's all clear as mud now.

To DROS or not to DROS, where art thou Kamila Harris?

[Emdawg]

It's all clear as mud now.

To DROS or not to DROS, where art thou Kamila Harris?

Humph. She probably has no idea that code even exists.

[animal661]

Ok I know this is an old thread but it applies to me currently

I just sent the info to my FFL

He called the DOJ about an antique that I wanted to buy

They quoted the "modern ammo " to whitch I disagreed with

After some research this is what I found

Penal code 16170 has 3 sections
(a) applies to 30515 and 30530 (assault weapons and .50 BMG)

(b)applies to 16520, Section 16650, subdivision (a) of
Section 23630, paragraph (1) of subdivision (b) of Section 27505, and
subdivision (a) of Section 31615, ---Same as federal definition of antique that only says that replica's cannot accept modern ammo (section 921) ( There is an "or Between a & b)

(c) cannot use modern ammo ONLY aplies to section 17700 - exemption to 16590 Gemerally prohibited weapons
( basically I can only buy a cane gun if it is older than 1899 AND uses obsolete ammo)

Thought I would share this