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  • 2011redrider
    Member
    • Mar 2014
    • 132

    Safe Handling Demo Affadavit

    I recently purchased a Glock at a LGS in Turlock. It was SSE conversion since it was off roster. Upon picking the gun up after the 10 day wait I was required to sign a CA BOF form 039, Affadavit of Safe handling Demo.

    I am a Honorably Retired LEO and thought exempt from this. Part that bothers me is all they wanted was the signature to put the form in the file, they did not request the demo to be performed, and the owner is the only person there capable of signing.

    Called the owner after getting my gun and his statement was that he has all LEO/Retired LEO sign the form and then he signs, even though he never saw any demo. Wants LEO's to know how much paperwork he has to do to sell a handgun.

    Question is, on my next purchase, if I refuse to sign, can the dealer refuse to release the weapon after it has been approved by DOJ.
  • #2
    ugimports
    Vendor/Retailer
    • Jun 2009
    • 6250

    Originally posted by 2011redrider
    I recently purchased a Glock at a LGS in Turlock. It was SSE conversion since it was off roster. Upon picking the gun up after the 10 day wait I was required to sign a CA BOF form 039, Affadavit of Safe handling Demo.

    I am a Honorably Retired LEO and thought exempt from this. Part that bothers me is all they wanted was the signature to put the form in the file, they did not request the demo to be performed, and the owner is the only person there capable of signing.

    Called the owner after getting my gun and his statement was that he has all LEO/Retired LEO sign the form and then he signs, even though he never saw any demo. Wants LEO's to know how much paperwork he has to do to sell a handgun.

    Question is, on my next purchase, if I refuse to sign, can the dealer refuse to release the weapon after it has been approved by DOJ.
    If you did not present an HSC card (used your LEO exemption) then you can refuse to sign. Technically, they can refuse to transfer the gun to you at any point, but I doubt they would in that situation.

    Other option is to tell the owner that due to his policy you'll shop somewhere else. Perhaps losing money will get him to change his policy to harass LEO since technically, you are committing perjury having not actually done the demo. You can always refuse on those grounds as well I suppose.
    UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
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    Comment

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

      Not signing will only cause problems for you as they might not finish the transfer. Then again, signing it is also a problem if they do not actually do the safety demo.

      You might point out to the owner that the form is signed under the penalty of perjury and what is being signed is that the safety demo was done, which in your case is false. This is a bit of a problem for them, as well as yourself. You could contact the CA DOJ about it, but then again you signed the form, so it could be a problem for yourself as well.

      If you want to continue to do business with them, I would refuse to sign it unless they actually do the safety demo since you don't want to commit perjury.
      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

      • #4
        rolomac
        Junior Member
        • Apr 2013
        • 31

        I don't understand your problem. As an FFL when I do a transfer for a LEO I tell them -" I am required to do a safe handling demo - Law Enforcement people probably know more than I do about safe firearms handling but you may want to know how I instruct the average citizen" Every time - the LEO says they appreciate this and willingly take part in the demo and sign the form. It's no big deal - only takes a moment - painless - can even be kind of fun.

        rolomac

        Comment

        • #5
          halifax
          Veteran Member
          • Oct 2005
          • 4440

          If they are exempt from the HSC they are exempt from the Safe Handling Demo.
          Jim


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          Comment

          • #6
            2011redrider
            Member
            • Mar 2014
            • 132

            Originally posted by rolomac
            I don't understand your problem. As an FFL when I do a transfer for a LEO I tell them -" I am required to do a safe handling demo - Law Enforcement people probably know more than I do about safe firearms handling but you may want to know how I instruct the average citizen" Every time - the LEO says they appreciate this and willingly take part in the demo and sign the form. It's no big deal - only takes a moment - painless - can even be kind of fun.

            rolomac
            Have no problem doing the demo, but as listed I am exempt from it. Problem I have is that they are just generating paper to make themselves look good on audits. Have a shield to pick up there on Tuesday, so I will just make them do the demo before I sign the form. With SSE ending I don't think they want to be sitting on a bunch of guns that they can only sell to Active LEO's. I'll see how they want to play it out.

            Comment

            • #7
              Tovarish
              Senior Member
              • Sep 2014
              • 1615

              This shop owner is kind of a dimwit if he thinks it's advantageous to have an exempt person sign the form without actually doing the demo.

              Comment

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

                Originally posted by rolomac
                I don't understand your problem. As an FFL when I do a transfer for a LEO I tell them -" I am required to do a safe handling demo - Law Enforcement people probably know more than I do about safe firearms handling but you may want to know how I instruct the average citizen" Every time - the LEO says they appreciate this and willingly take part in the demo and sign the form. It's no big deal - only takes a moment - painless - can even be kind of fun.

                rolomac
                I do hope you know that there are exemptions to the HSC, don't you?

                If you want to force LEOs to do it, fine, but they are exempt, as others have also said, so there is no reason to do it and just more time and paperwork wasted.
                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
                  2011redrider
                  Member
                  • Mar 2014
                  • 132

                  Safe Handling Affadavit

                  Guess they came to their senses.....Picked up a Non-CA 40 SW Shield tonight. Got a new salesman when my number was called. He did put the form out for me to sign, and said he had seen the file and was aware I was exempt. I told him I would not sign unless he wanted the owner to come over to witness the demo. He put the paper aside and said no problem.

                  Comment

                  • #10
                    Boogaloo
                    Member
                    • Mar 2011
                    • 411

                    Originally posted by 2011redrider
                    With SSE ending I don't think they want to be sitting on a bunch of guns that they can only sell to Active LEO's. I'll see how they want to play it out.
                    They can sell them out of state, gunbroker etc... Just because the PRK won't allow them to be transferred inside the state, doesn't mean the FFL is stuck with them... Just saying.

                    Comment

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