If I find a firearm at a southern CA. FFL(in this case a S&W revolver that was made prior to 1964), can I purchase it and have it sent to my FFL and have it processed as an exempt C&R firearm?
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50 year old is a C&R?
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50 year old is a C&R?
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This might help.
Good luck!Sorry, not sorry.
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Dear autocorrect, I'm really getting tired of your shirt! -
Yes.
If a firearm is 50 or more years old, it is considered a C&R firearm. [27 CFR 478.11]
C&R handgun are exempt from CA unsafe handgun laws [PC 32000(b)(3)] and can be transferred by a CA FFL dealer [PC 32110(g)].
Penal Code 32000
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
27 CFR 478.11
Curios or relics.
Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:
(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.sigpic
"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).Comment
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Thanks for the responses. I had an issue with a auction company that said it could not be shipped to a Ca. FFL because it was off roster. I thought that was incorrect, but their auction, their rules.Comment
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How is the date of manufacture determined for a revolver whose model was made both before and after the 1964 cutoff date? For example, the Smith and Wesson Model 27-2 with S serial prefix was made from 1961 to 1970. The only ways I am aware of to determine the ship date is by letter from Smith & Wesson (which takes abut a year to get) or by listing in the Standard Catalog of Smith and Wesson. That book is considered the best reference, but it is not official, being published by collectors not officially affiliated with Smith & Wesson.
How does DOJ make the determination of whether it is roster exempt? I don't want to purchase from out of state and wind up with something I can't DROS.Comment
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Sometimes I email sellers and nicely inform them of the laws and ask if they'll ship to CA if I assure them it's legal. Occasionally they say yes and I get a bargain. Just as often they tell me to go to hell.Comment
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The FFL dealer I worked for before he retired got phone calls from DOJ if they have a question about a C&R transaction he did. He would pick up one of his reference books, and explain to DOJ that the gun was produced around a certain date. DOJ always seemed to accept the information as correct, and the transactions went though without a problem.How is the date of manufacture determined for a revolver whose model was made both before and after the 1964 cutoff date? For example, the Smith and Wesson Model 27-2 with S serial prefix was made from 1961 to 1970. The only ways I am aware of to determine the ship date is by letter from Smith & Wesson (which takes abut a year to get) or by listing in the Standard Catalog of Smith and Wesson. That book is considered the best reference, but it is not official, being published by collectors not officially affiliated with Smith & Wesson.
How does DOJ make the determination of whether it is roster exempt? I don't want to purchase from out of state and wind up with something I can't DROS.Last edited by DEPUTYBILL; 11-27-2014, 1:10 PM.Comment
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