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Are FFLs personally exempt from CA Roster?

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  • ArmsUnlimited
    Senior Member
    • Sep 2012
    • 1290

    Are FFLs personally exempt from CA Roster?

    If the owner is personally named on his/her FFL are they able to transfer off-roaster handguns to themselves for personal use? If so can this be cited somewhere in the penal code?

    It is my understanding that we can transfer the firearm directly to ourselves without a 4473 but we still need to complete a DROS, does the DROS prevent that off-roaster gun from being transferred?
    sales@armsunlimited.com
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  • #2
    EBR Works
    Vendor/Retailer
    • Dec 2007
    • 10492

    Dealers/CFD holders are not roster exempt. They are 10 day wait/1 in 30 exempt. Use SSE as needed for a legal transaction.


    Check out our e-commerce site here:

    www.ebrworks.com

    Serving you from Prescott, AZ

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    • #3
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      Originally posted by ArmsUnlimited
      If the owner is personally named on his/her FFL are they able to transfer off-roaster handguns to themselves for personal use? If so can this be cited somewhere in the penal code?
      No.

      It is my understanding that we can transfer the firearm directly to ourselves without a 4473 but we still need to complete a DROS, does the DROS prevent that off-roaster gun from being transferred?
      Yes.

      Under Federal law, a sole proprietor can transfer a firearm to their personal collection without filling out a 4473, but if that is done, then if the firearm is sold within 1 year, it has to be run through the business. In the past, a long did not need to be DROS'd, but that has changed since 2014. There is no exemption for FFLs in terms of the certified list.
      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

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      • #4
        gw74r
        Senior Member
        • Jan 2013
        • 500

        I have a few S&W's and Rugers in inventory that will be falling off the Roster soon, as I'm sure others do as well. I don't want to have to return them to the Distributor, sell them out of state, or LEO. If I understand this correctly, if I DROS them to me personally, but don't do a 4473, and sell them within a year, I have to do a Dealer Sale through my business. But how I can I do that if they are then off the Roster? But if I do the 4473 I can then sell them via PPT before a year is up? Why would I not want to do the 4473 regardless? Especially since I can now DROS and 4473 several firearms together with only one fee? I'm just not seeing a reason to avoid the 4473. Am I missing something??

        Comment

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

          One of the main reasons to not do the 4473 is that it would be another one that they could write you up for if you make a mistake. It is not really a big deal either way. I assume you are a sole proprietor, correct?

          If you don't do the 4473, you can do the PPT the same as with anyone else when you sell it. The problem is that it is limited to only your business.

          It is not that you have to do it as a dealer sale (that is a CA term), it is just that you have to run it through your business, which is the case for any PPT as you need to log it in and log it out.

          Just remember to pay sales tax if you transfer it to yourself since otherwise you could end up with a problem.
          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
            gw74r
            Senior Member
            • Jan 2013
            • 500

            Comment

            • #7
              gw74r
              Senior Member
              • Jan 2013
              • 500

              Comment

              • #8
                kemasa
                I need a LIFE!!
                • Jun 2005
                • 10706

                Yes, if you transfer it to yourself, you have to run it though you book, so only you could do the PPT and that after a year, it could be done anywhere. If you fill out the 4473, it does not appear that the 1 year issue would apply.
                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

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