DROS denied - 1 in 30 exemption issue

[SandDiegoDuner]

I have a few questions for you FFL01's.

First off I just purchased a handgun about 2-1/2 weeks ago and when I picked it up on 9/26 (11th day of DROS) I noticed they had the other handgun I wanted to purchase in stock. I have my FFL03 and COE and was under the assumption that PC 27535 still allowed me to be exempt from the 1 in 30 purchase restriction no matter if the handguns were C&R's or not.

Has the verbiage of PC 27535 subsection B #9 changed so it reflects only handguns deemed to be C&R's?

If the FFL entered in the exemption correctly and the PC still reads "(9) any 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, and has a current certificate of eligibility issued by the department of justice pursuant to article 1 (commencing with section 26700) of chapter 2." Is there anything else that would cause a denial? No changes have occurred in my life in the last 3 weeks that would be cause for delay or denial.

Thanks guys,
Paul

[acespawnshop]

Did you check to be sure the DROS was submitted as 1-30 exempt?

[SandDiegoDuner]

I just called them a few mins ago. I guess they figured out what they did wrong and I have to go back in and re-DROS. It will be on their dime and aside from an additional 4 days and my time and travel on my part this should be resolved.

[acespawnshop]

Perfect! Better than being caught in the delay whirlpool.

[SonofWWIIDI]

I just called them a few mins ago. I guess they figured out what they did wrong and I have to go back in and re-DROS. It will be on their dime and aside from an additional 4 days and my time and travel on my part this should be resolved.

Glad they are taking care of it for you.

You should also ask for a discount, some free stuff or something like that to compensate you for your time and travel. Hey, there's no harm in asking! And you might just be compensated with something cool. Who knows?

[SandDiegoDuner]

The sales guy is a friend of mine and I think he was the one that did the paperwork so I don't need to push them into giving me freebies. I'm sure it has been a learning experience for them as it has been for myself. It has made me look into the penal code a little more in depth just to be sure what I had read previously was still true. I'm sure we'll have a beer one of these days and I will rub it in then.

[SandDiegoDuner]

Well apparently my issue is not resolved yet. The department of justice called me today and "Mike" said that the intent of the PC 27535 is for C&R purchases only. He read over the verbiage and agreed that the text is vague and is subject to interpretation. I requested he ask his superiors for clarification and he put me on hold. He then said that his fellow coworker "Bob" who has gone out to the field numerous times has written up FFL's for this very situation. I didn't back down at that point and told him as the law is written it does not state these purchases are strictly for C&R handguns. If the intent of the law was for collectible firearms only then the text must state so. He told me I should write an inquiry to the DOJ via their website as it is the only way to have their lawyers review the text and issue an official opinion.

Do I really want to do this? I don't want to screw anyone else out of this exemption even though the letter of the law says it is legal. What do you guys think? This PC section could get changed at some point but I don't think I want to be the one who starts the ball down the wrong path should it roll that direction.

[zinfull]

The intent is for collectors to be able to buy guns for their collection. Say you to buy two pistols with running ser numbers. The FFL guy just marks the DROS as 1in 30 day exempt and does not need to explain what the exemption is on the DROS form. I had the same talk with DOJ years ago and it was ok then and nothing has changed. Push if you must because you are correct.

[kemasa]

It is what the law says, not the intent. Perhaps the intent was that a person with a C&R FFL and COE is known, so that is why they are not limited, but instead the CA DOJ is making up what they think that the intent was. If that is the case, then it should be changed so that it specifically says for C&R firearms only.

The real intent is to stop people from buying firearms, so does that mean that no one should be allowed to buy a firearm?

[SandDiegoDuner]

I know their intent is to stop as many people from purchasing firearms as possible. Either way I would have still received my purchase but I might have to wait a bit longer. Anyway I went in a review the dros paperwork and it was run without any exemptions... FFL's mistake even though I told them I was exempt and to run it as such and gave them a copy of the paperwork necessary to add to their paper trail.

Anyway I am not going to push the issue with DOJ for now as I prefer to not cause a stink that might give them ideas to get rid of exemptions that are perfectly legal.

Note to anyone reading this that wants to purchase more than one handgun in thirty days and are exempt via collector & COE, make absolutely sure that the FFL runs the second dros as 1in 30 exempt and have them write PC 27535 part B #9 and you should be fine.

[SandDiegoDuner]

A little late for an update but, I was able to pick up the newest acquisition 10 days after the re-dros. It seems as if it was not entered correctly and the second time it was run there were no problems.

[ronlglock]

I have an excellent dealer who does SSE but is adamant in his refusal to DROS more than one modern handgun in 30 for FFL03 plus COE.

No way to convince him otherwise. Need a court case or letter from Kammie.

[kemasa]

You can point him to the CA PC, but the problem is that the CA DOJ does not like the exemption for non-C&R firearms. I am not aware of any court cases.

[SandDiegoDuner]

I didn't want to get involved with getting an official determination from the DOJ and potentially trigger a change in the wording of the PC. I have since purchased another modern pistol within the 30 days of my last purchase at another dealer so, I would take your business elsewhere if you really want to get it before the 30 days are up.

[sigsour223]

sweet lucky you could of been ugly