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Safe affidavit or...?

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  • CifaldiPrecision
    Vendor/Retailer
    • Aug 2012
    • 1806

    Safe affidavit or...?

    A couple questions regarding both new and used firearm transfers and sales. I have people fill out the safe affidavit if they own a safe that's straight forward enough. I have them show me a lock and receipt of purchase. I make a copy of that receipt and put it with the paperwork like I would the affidavit, is that necessary or could I just annotate they had a gun lock? On new firearms they come with gun locks but there obviously isn't a receipt so like asked above do I annotate that somewhere? Figured I better ask to ensure its right now instead of find out its wrong later.
    Brett Cifaldi
    Specializing in 1911s
    Cifaldi Precision
  • #2
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    You need to document that they had a receipt within 30 days, so a copy is needed.

    I document that the lock came with the firearm. You can do it on the DROS form, or perhaps the 4473, but you do need to document it.
    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

    • #3
      CifaldiPrecision
      Vendor/Retailer
      • Aug 2012
      • 1806

      That's what I thought. Thank you kemasa for confirmation of that.
      Brett Cifaldi
      Specializing in 1911s
      Cifaldi Precision

      Comment

      • #4
        WFAInc
        CGN/CGSSA Contributor
        • Apr 2009
        • 97

        Does your ATF rep require you to have the customer leave with the cable lock and pad locks on the gun case?

        Comment

        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          The BATF requirements have not been published, as required. The customer needs to leave with a lock, but there is nothing about it being on a gun case.

          CA requires that the firearm be in a locked case or securely packaged. I can only assume that as it was shipped is securely packaged.
          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

          • #6
            spy-d
            Member
            • Apr 2009
            • 463

            What about striped lowers? Cable locks or trigger locks. Locked ammo can or what ?

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              A cable lock would work since it could prevent an upper from being put on it, but it has to be a CA certified lock.
              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

              • #8
                spy-d
                Member
                • Apr 2009
                • 463

                Cool, I have one of those.

                Funny, I had about 50 of these cable locks I got years ago. Couldn't sell any at $1.00 each. 2013, And a local gunshop bought 30 of them at $5.00 each. Two days later, I sold the rest to a dealer on the East Bay.

                Comment

                • #9
                  CrazyCobraManTim
                  Senior Member
                  • Feb 2005
                  • 2164

                  Sorry for asking an expanded version of the OP's question, but I wanted to search the forum for any potentially existing answers and this post seemed most relevant (as did the insightful answers). I completed a PPT pickup today, and brought the (2) cable locks the seller provided to me several weeks ago to secure these pistols.

                  The store stated that I could not use those locks, that I needed "new" locks purchased within the last 30 days (proof of purchase required), per state PC. WTH? This certainly isn't my first pistol purchase or PPT xfer, and I've never been told I can't use an existing lock that I brought with me, nor could I use a safe affidavit for handguns (only for long guns). I asked them to show me the PC that stated handguns had to be xfer'd with ONLY new locks, and they showed me a Calguns Foundation website. Instead of debating the situation, I popped the $20 for the locks to jailbreak the kids.

                  Now I have two more locks hanging with a dozen+ others on a wall.

                  Am I crazy, or was the store off-base stating this was the ONLY way I could leave the store with these pistols? I either owe them an apology or the other way around....

                  Stewing......

                  Comment

                  • #10
                    kemasa
                    I need a LIFE!!
                    • Jun 2005
                    • 10706

                    This is a duplicate post from the thread:



                    The locks don't have to be new, but you do need a receipt. It is also possible to have the locks to make the Feds happy and do the safe affidavit to make the state happy, but I doubt that many FFLs would do that.
                    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

                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by CrazyCobraManTim

                      Am I crazy, or was the store off-base stating this was the ONLY way I could leave the store with these pistols? I either owe them an apology or the other way around....

                      Stewing......
                      it doesn't have to be a NEW device, but you do need to have a receipt for it that is <31-days old.
                      23635
                      (c) The sale or transfer of a firearm shall be exempt from
                      subdivision (a) if all of the following apply:
                      (1) The purchaser or transferee purchases an approved safety
                      device no more than 30 days prior to the day the purchaser or
                      transferee takes possession of the firearm.

                      (2) The purchaser or transferee presents the approved safety
                      device to the firearms dealer when picking up the firearm.
                      (3) The purchaser or transferee presents an original receipt to
                      the firearms dealer, which shows the date of purchase, the name, and
                      the model number of the safety device.

                      (4) The firearms dealer verifies that the requirements in
                      paragraphs (1) to (3), inclusive, have been satisfied.
                      (5) The firearms dealer maintains a copy of the receipt along with
                      the dealer's record of sales of firearms.

                      it appears that the purpose of the 30-day rule is so that you don't just reuse a single lock that you purchased 5-years ago and end up with dozens of firearms and only one lock. by putting in the 30-day rule, you can't just indefinitely recycle that one lock.
                      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

                      • #12
                        JDay
                        I need a LIFE!!
                        • Nov 2008
                        • 19393

                        Originally posted by CrazyCobraManTim
                        Sorry for asking an expanded version of the OP's question, but I wanted to search the forum for any potentially existing answers and this post seemed most relevant (as did the insightful answers). I completed a PPT pickup today, and brought the (2) cable locks the seller provided to me several weeks ago to secure these pistols.

                        The store stated that I could not use those locks, that I needed "new" locks purchased within the last 30 days (proof of purchase required), per state PC. WTH? This certainly isn't my first pistol purchase or PPT xfer, and I've never been told I can't use an existing lock that I brought with me, nor could I use a safe affidavit for handguns (only for long guns). I asked them to show me the PC that stated handguns had to be xfer'd with ONLY new locks, and they showed me a Calguns Foundation website. Instead of debating the situation, I popped the $20 for the locks to jailbreak the kids.

                        Now I have two more locks hanging with a dozen+ others on a wall.

                        Am I crazy, or was the store off-base stating this was the ONLY way I could leave the store with these pistols? I either owe them an apology or the other way around....

                        Stewing......
                        You do know you can return the locks for a refund right? There is no law saying you have to keep them.
                        Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

                        The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

                        Comment

                        • #13
                          CrazyCobraManTim
                          Senior Member
                          • Feb 2005
                          • 2164

                          Store policy is no returns, except on firearms, and those get hit with 25% restocking fee. Plus the store is 85 miles from my house, so clearly not worth the expense.

                          As was stated in a similar post on another topic yesterday, I will simply ensure any PPT future xfer has the seller locking the item being xferd, or in my case, each party locks their respective trades before walking into fhe store and the problem is solved.

                          Thanks for everyone's input! It is appreciated!

                          Comment

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