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SSE + DROS + CCW = FAIL?

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  • #16
    JeffM
    Veteran Member
    • Sep 2007
    • 4359

    What would prevent the customer from submitting an Ownership Record (Voluntary Registration) to the DOJ with the new caliber info? They might reject it because the gun is already registered but I'd include a note on the VolReg stating that the caliber has changed after replacing the barrel and they want the correct info on the registration. I know of people successfully submitting VolRegs for receivers DROSed as long-guns but built as pistols so that the registration reflected "pistol".

    Comment

    • #17
      lorax3
      Super Moderator
      CGN Contributor - Lifetime
      • Jan 2009
      • 4633

      Originally posted by JeffM
      What would prevent the customer from submitting an Ownership Record (Voluntary Registration) to the DOJ with the new caliber info?
      Someone in the thread I linked to earlier had their VolReg denied when they tried to do that. I don't know if they included a note.
      You think you know, but you have no idea.

      The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

      Comment

      • #18
        lugnutwrench
        Member
        • Nov 2010
        • 287

        Originally posted by ke6guj
        here is where it is legal for you to transfer to them to pawn;
        ...

        and here is where it is legal for them to return it to you from pawn;
        ...
        You know that, and I know that, but when I spoke to them, it didn't sound like they were interested in changing their business practices.

        I have found that being confident and being correct aren't often directly correlated. I've also found that (perhaps perversely), "if you're explaining, you're losing."

        Back to the drawing board.
        That's just my $1.05.

        Comment

        • #19
          lugnutwrench
          Member
          • Nov 2010
          • 287

          Originally posted by JeffM
          What would prevent the customer from submitting an Ownership Record (Voluntary Registration) to the DOJ with the new caliber info? They might reject it because the gun is already registered but I'd include a note on the VolReg stating that the caliber has changed after replacing the barrel and they want the correct info on the registration. I know of people successfully submitting VolRegs for receivers DROSed as long-guns but built as pistols so that the registration reflected "pistol".

          https://ag.ca.gov/firearms/forms/pdf/volreg.pdf
          According to this post (which actually has a pretty useful and detailed history), a BOF 4245A (Firearm Ownership Record, or "voluntary registration" form) won't work.

          Edit: whoops! lorax3 beat me to it. If the customer has time to experiment, I might try. I doubt the lever-pullers will treat it any differently though just because there's some non-standard thing in the notes field. Color me cynical....
          That's just my $1.05.

          Comment

          • #20
            lorax3
            Super Moderator
            CGN Contributor - Lifetime
            • Jan 2009
            • 4633

            It is worth mentioning that people get lots of different results when it comes to DOJ forms.

            Just last week a friend got confirmation he registered his C&R pistol he acquired out of state.

            ......except he sent in a report of a K31 acquired in-state. Thanks DOJ.
            You think you know, but you have no idea.

            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

            Comment

            • #21
              Daydrmr999
              Senior Member
              • Jan 2013
              • 552

              Originally posted by lorax3
              Someone in the thread I linked to earlier had their VolReg denied when they tried to do that. I don't know if they included a note.
              I was one of the people that had the volreg denied. The letter said that it was denied because the gun was already registered to me. I heard that 1 or 2 got through but doj must have gotten wind of what was going on and stopped that.

              Comment

              • #22
                lugnutwrench
                Member
                • Nov 2010
                • 287

                FYI, I'm trying to get info on the "loan" functionality in DES to see if that's useful for resolving this situation. I'm providing the details in another thread so as not to hijack this one (from myself).
                That's just my $1.05.

                Comment

                • #23
                  OCArmory
                  Senior Member
                  • Jun 2008
                  • 1321

                  Also if doing a pawn or consignment the dealer must hold the gun for 30 days pursuant to the second hand dealers license

                  Comment

                  • #24
                    SkyHawk
                    I need a LIFE!!
                    • Sep 2012
                    • 23530

                    Originally posted by OCArmory
                    Also if doing a pawn or consignment the dealer must hold the gun for 30 days pursuant to the second hand dealers license
                    That only applies to items that are bought by the pawnshop or FFL and eventually going to be offered for sale to someone else. It does not apply to items that are used as security for a loan and which will be returned to the person who originally brought it in, nor does it apply to consignments.
                    Last edited by SkyHawk; 01-16-2015, 9:57 PM.
                    Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                    Comment

                    • #25
                      OCArmory
                      Senior Member
                      • Jun 2008
                      • 1321

                      You would be incorrect it does apply to all property taken in .
                      BUSINESS AND PROFESSIONS CODE
                      21628. Every secondhand dealer or coin dealer described in Section
                      21626 shall report daily, or on the first working day after receipt
                      or purchase of secondhand tangible personal property
                      Note it says receipt
                      21636. (a) Every secondhand dealer and coin dealer shall retain in
                      his or her possession for a period of 30 days all tangible personal
                      property reported under Sections 21628, 21629, and 21630, and
                      commencing July 1, 2010, Section 21628.2.

                      Comment

                      • #26
                        acespawnshop
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Jun 2012
                        • 2852

                        Originally posted by OCArmory
                        Also if doing a pawn or consignment the dealer must hold the gun for 30 days pursuant to the second hand dealers license
                        Yes, you still have to hold it just as mentioned above.
                        Interstate Transfers $100 (DROS included with the price)
                        Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
                        Or call 626-968-5900

                        Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!

                        Comment

                        • #27
                          acespawnshop
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Jun 2012
                          • 2852

                          Well that is sorta correct. Pawns there is no "minimum" time frame something has to be in pawn. Ive had plenty of times people pawn and pick up that same day.
                          Interstate Transfers $100 (DROS included with the price)
                          Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
                          Or call 626-968-5900

                          Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!

                          Comment

                          • #28
                            AdamVIP
                            Senior Member
                            • Nov 2012
                            • 603

                            Not sure if this is FUD or not but there was a conversation at a gun shop about this very situation and it was suggested that it could be remedied by a voluntary registration form with some minimal processing fee that you can use to specify the caliber and barrel length and what not.

                            Comment

                            • #29
                              awiner
                              Senior Member
                              • Aug 2012
                              • 1193

                              Originally posted by AdamVIP
                              Not sure if this is FUD or not but there was a conversation at a gun shop about this very situation and it was suggested that it could be remedied by a voluntary registration form with some minimal processing fee that you can use to specify the caliber and barrel length and what not.
                              Been tried. Didn't work.

                              Comment

                              • #30
                                SkyHawk
                                I need a LIFE!!
                                • Sep 2012
                                • 23530

                                Originally posted by acespawnshop
                                Well that is sorta correct. Pawns there is no "minimum" time frame something has to be in pawn. Ive had plenty of times people pawn and pick up that same day.
                                Thank you. Seems pretty obvious to me but better to hear it from a real, live pawn broker

                                So to summarize, you can in fact pawn and Re-DROS your gun the on same day. This has already been done by numerous calguns members in the real world.

                                And I know several people who have taken their pistols in for consignment and retrieved them via DROS after changing their minds, without 30 days needing to elapse.

                                Lastly, I know of no FFLs who are in the business of handling consignments that require any wait before placing the firearms on display for sale.

                                The 30 day hold applies to outright purchases of second hand goods by a second hand dealer, not pawned or consigned items.
                                Last edited by SkyHawk; 01-22-2015, 9:11 PM.
                                Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

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