Used Gun Purchase from FFL Question

[Mad Mensch]

Hi all,

I recently purchased a used gun from a FFL dealer and was told they that needed to wait 30 days for the gun to clear before I can begin DROS on it. I was unaware of this law and was pretty annoyed by it since I had just cleared 30 days from a previous purchase.

Anyway, my question is, does this sale fall under the 1 in 30 rule or is it exempt somehow?

Thanks in advance

[ke6guj]

they are most likely talking about the 30-day hold that many jurisdictions place on FFLs that purchase used firearms from private parties so that the serial number of the firearm can be checked against stolen firearms databases. similar to how pawn dealers must inform the local LEA of their purchases and must hold for 14-30 days before they can sell.

this is separate from the 1-in-30 rule.

[halifax]

It's called FDAS and applies to all CA pawn brokers, secondhand dealers, and FFLs that acquire used firearms. It's done electronically these days.

[Pauliedad]

Yeah, it's annoying.
It happens a lot if you're snagging a newly displayed used gun. Something that just came in to the store. If it's a fair deal and something off roster then consider yourself lucky.

[kemasa]

As to whether it is exempt from the 1 in 30, it depends on whether it is a consignment sale and whether they mark it as exempt, if it is.

They don't need to wait 30 days to start the DROS, although it is safer since if something comes up they would not be able to complete the transfer. They can start the DROS after 20 days and then you can pick it up after 10 days, which is also after 30 days from when they received it. The actual issue is not when you can submit the DROS, but when you can pick up the firearm. The DROS could be started 1 day after they received it, but then you would have to wait 29 days to pick it up and you would only have 1 day to be able to pick it up. It is best to not cut the time so close though.

[acespawnshop]

Yeah, it's annoying.
It happens a lot if you're snagging a newly displayed used gun. Something that just came in to the store. If it's a fair deal and something off roster then consider yourself lucky.

Used guns are not roster exempt. If its a dealer selling it then the purchaser would have to be roster exempt if the firearm is not on the list.

[kemasa]

Used guns are not roster exempt. If its a dealer selling it then the purchaser would have to be roster exempt if the firearm is not on the list.

Not quite accurate. A FFL can sell a consignment handgun and it would be like a PPT and be exempt from the roster.

[acespawnshop]

Not quite accurate. A FFL can sell a consignment handgun and it would be like a PPT and be exempt from the roster.

Right, but the quote I was referencing made it sound as if that a gun on display that's used is a rare find and its roster exempt. And I said if a dealer was selling it, where in a consignment the person selling it is who placed it up for consignment. I didn't want there to be confusion between used/dealer sale and customers thinking that since its used the roster didn't apply. I can see that thought process happening here with our customers since we get our fair share of used guns. Every time we sell a used gun that's not on the roster I get an email from somebody on gunbroker asking us to PPT it to them.

[Mad Mensch]

They don't need to wait 30 days to start the DROS, although it is safer since if something comes up they would not be able to complete the transfer.

Thank you for this. I called the dealer to see if they can begin DROS since it's past 20 days and unfortunately they do not want to start the DROS until after the full 30 days.

In reply to a previous post, the gun I bought was not off roster it was just in excellent condition and was sold at a very good price so it was an impulse purchase. I don't know if it was worth the wait in the long run because I missed out on a few dealer sales in the interim.

[kemasa]

It is their choice to wait. Some will start it so that they can get paid sooner. If something happens which causes it not to be able to be transferred, then there is the additional costs, such as for the DROS, which is a reason to not start it in advance.

If you find something that you want, you can check to see if the dealer will hold it for you if you pay for it, plus perhaps something for storage. If they won't, you might be able to have it shipped to a FFL who will.