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Can 10 & 30 days run at same time?

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  • goldduster
    CGN/CGSSA Contributor
    CGN Contributor
    • Jun 2009
    • 161

    Can 10 & 30 days run at same time?

    I purchased 3 C&R's (over 50 years old) and DRO's the first one on 11/21. When I pick up the first one on 12/2 can I begin the 10 day wait on the second while the first 30 day wait is still running and pick it up when the 30 expires on 12/22 and so on?
  • #2
    antiseen
    Senior Member
    • Feb 2013
    • 837

    Unfortunately, no. You can't start dros on the next handgun until after your 30 days are up.

    The way you describe would make too much sense for CA.

    Comment

    • #3
      goldduster
      CGN/CGSSA Contributor
      CGN Contributor
      • Jun 2009
      • 161

      So that makes it 40 day waits. Oh well, I do win sometimes! Thanks for you help.

      Comment

      • #4
        kemasa
        I need a LIFE!!
        • Jun 2005
        • 10706

        The CA PC says that you can not submit two DROS within 30 days unless you are exempt or the transfer is exempt, it has nothing to do with when you pickup the firearm. I am not sure that even if you cancelled the first DROS that you could submit another handgun DROS for 30 days. It is not about picking up the firearm within 30 days. You could pickup the first near the end of the 30 days and the next one at the end of the 10 days, making it around 11 days or so apart.
        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

        • #5
          ElDub1950
          Calguns Addict
          • Aug 2012
          • 5688

          Originally posted by goldduster
          So that makes it 40 day waits. Oh well, I do win sometimes! Thanks for you help.
          No, only the DROS dates count. If you DROS'd you last one on 11/21 at 12:00, you can do your next DROS on 12/21 at 12:01. The pickup date or 10 day wait has nothing to do with it.

          Comment

          • #6
            kemasa
            I need a LIFE!!
            • Jun 2005
            • 10706

            I think that the point that he was trying to make is that it means that to get the second firearm, you have to wait a minimum of 40 days, which is really not acceptable, although that is what the law is.
            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

            • #7
              goldduster
              CGN/CGSSA Contributor
              CGN Contributor
              • Jun 2009
              • 161

              I'm really confused! #1 Dro's on 11/21 can pickup on 12/1. #2 can't DROs until 12/21 and pickup on 1/1. #3 can't DROs until 1/20 and pickup on 1/31. I might be off a day or two. Is this the shortest way or is there another legal way to do it sooner. Also, I take it that the fact that they all are C&R doesn't make any difference.

              Comment

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

                If the handgun is a C&R and you have a C&R FFL and CA DOJ COE, then there is no waiting period and it is 1 in 30 exempt as well.
                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

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Originally posted by kemasa
                  If the handgun is a C&R and you have a C&R FFL and CA DOJ COE, then there is no waiting period and it is 1 in 30 exempt as well.
                  What he said.

                  C&R firearm + valid C&R FFL + valid COE :
                  1. Exempt from 10 day wait. [PC 26970]
                  2. Exempt from 1 in 30 day wait. [PC 27535(b)(0)]



                  Penal Code 26970
                  (a) The waiting period described in Section 26815 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
                  (1) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
                  (2) The sale, delivery, loan, or transfer is made by a dealer.
                  (3) The sale, delivery, loan, or transfer is made to a 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.
                  (4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
                  (b) On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in Section 28160 or 28165.

                  Penal Code 27535
                  (a) No person shall make an application to purchase more than one handgun within any 30-day period.
                  (b) Subdivision (a) shall not apply to any of the following:
                  (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.
                  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

                  • #10
                    goldduster
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Jun 2009
                    • 161

                    Guess I wait. BTW, what are the benefits of a C&R FFL and a CA DOJ COE. Just wondering if they would be beneficial for me, I've heard that they are difficult to get?

                    Comment

                    • #11
                      six seven tango
                      CGSSA Associate
                      • Jan 2012
                      • 1725

                      They are actually quite easy to get. Just some hoops to jump thru and a little $$$. I think total cost is under $200 depending on where you get your prints done.

                      Benefits...

                      Having a C&R FFL and a COE exempts you from the "1 handgun per 30 days" rule when buying through a California dealer.

                      Having a C&R FFL and a COE allows you to skip the 10 day waiting period when acquiring C&R firearms through a California dealer. You still have to DROS though.

                      Having a C&R FFL and a COE allows you to directly acquire C&R long guns from people inside California without going through a dealer/DROS. You have to pay $19 and report the acquisitions to CalDOJ by mailing in a form. This assumes the seller is not a California dealer.

                      Having a C&R FFL and a COE allows you to have C&R long guns shipped directly to you from out of state sellers without going through a dealer/DROS. You have to pay $19 and report the acquisitions to CalDOJ by mailing in a form.

                      If you have a C&R FFL but you don't have a COE then you can still travel outside of California to acquire C&R firearms. You have to pay $19 and report the acquisitions to CalDOJ by mailing in a form after you bring the firearms back with you into California.

                      If you have a C&R FFL but you don't have a COE then any C&R firearms that you acquire inside California (including those shipped in from an out of state seller) have to go through a California dealer. You will have to complete the DROS and do the 10 day wait.

                      Also, the $19 is per form, not per gun. So if you decided to get a case of Mosin Nagants, you would pay just $19 for all 20 of them...
                      Last edited by six seven tango; 11-28-2014, 5:24 PM.
                      sigpic

                      When Injustice Becomes Law, Resistance is Duty


                      Comment

                      • #12
                        Quiet
                        retired Goon
                        • Mar 2007
                        • 30242

                        Also, C&R FFL and COE is exempt from needing a HSC/FSC when acquiring C&R firearms.
                        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

                        • #13
                          tonyxcom
                          Calguns Addict
                          • Aug 2011
                          • 6397

                          Originally posted by six seven tango

                          Benefits...

                          Having a C&R FFL and a COE exempts you from the "1 handgun per 30 days" rule when buying through a California dealer.
                          I'm guessing this only applies to C&R Handguns?

                          Comment

                          • #14
                            six seven tango
                            CGSSA Associate
                            • Jan 2012
                            • 1725

                            Originally posted by tonyxcom
                            I'm guessing this only applies to C&R Handguns?
                            Here's what the law says...

                            27535. (a) No person shall make an application to purchase more
                            than one handgun within any 30-day period.
                            (b) Subdivision (a) shall not apply to any of the following:
                            (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.
                            DOJ interprets that to mean C&R only, but it doesn't say that. There's an ongoing lawsuit to force DOJ to abide by the letter of the law instead of making it up as they go.

                            There are some people on Calguns who have been able to find FFL's willing to call DOJ's bluff and buy modern handguns without the 1 in 30 slowing them down. Most of us, however, haven't been so lucky.
                            sigpic

                            When Injustice Becomes Law, Resistance is Duty


                            Comment

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