C&R and COE

[bajaramirez]

Im sure this has been discussed many times, but i could not find the specific answer im looking for. There is a 4" dent on my wall from me hitting my head against it. I just got my C&R, and submitted my paperwork for an M1 though the CMP. CA has not issued me my COE in almost 5 months with a status of "pending" (another frustrating story for another day). My question is this, since i don't have my COE yet, CMP has to ship to a local FFL - fair enough, i get that. When i called a local store, they told me i still had to do DROS for $150. I thought C&R category was exempt???? in searching I keep getting both answers. Is this store just trying to stick me or whats the deal?

[Ora Serrata]

[Quiet]

Im sure this has been discussed many times, but i could not find the specific answer im looking for. There is a 4" dent on my wall from me hitting my head against it. I just got my C&R, and submitted my paperwork for an M1 though the CMP. CA has not issued me my COE in almost 5 months with a status of "pending" (another frustrating story for another day). My question is this, since i don't have my COE yet, CMP has to ship to a local FFL - fair enough, i get that. When i called a local store, they told me i still had to do DROS for $150. I thought C&R category was exempt???? in searching I keep getting both answers. Is this store just trying to stick me or whats the deal?

Under CA laws...

Unless exempt, a CA resident must utilize a CA FFL dealer to legally import firearms they acquired in another State into CA. [PC 27585(a)]
Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

A CA resident with a valid C&R 03-FFL is granted an exemption to this if the firearm is C&R and they physically take possession of it outside of CA and bring it into CA. [PC 27585(b)(1) and 27565]
Within 5 days of returning to CA with the C&R firearm, they must report the importation to CA DOJ BOF. [PC 27565(b)]

A CA FFL dealer must conduct a CA DROS for all firearms that are transferred through them. [PC 28100(a)]
There is no exemptions to this for C&R firearms.

If a CA resident has a valid C&R 03-FFL + valid COE and are acquiring a C&R firearm from a CA FFL dealer, then they are exempt from the 10 day waiting period [PC 27670], 1 in 30 day wait [PC 27535(b)(9)], FSC requirement [PC 31700(a)(6)] and the mandatory safe handling demonstration [PC 26850(h) and 26860(g)].

Therefore...

As a CA resident with a valid C&R FFL, it is legal for you to travel to another State and acquire a CA legal C&R firearm, then bring it back to CA.

If the C&R firearm is shipped from out-of-state into CA, then it must be shipped to a CA FFL dealer, who will then transfer (4473/DROS) it to you.
^The CA FFL dealer can legally charge any amount of money to facilitate the transfer and will need to collect the 11% excise tax.

As a CA resident with a valid C&R FFL + valid COE, you are exempt from the waiting periods/FSC/safe handling demo when acquiring a C&R firearm from a CA FFL dealer.
^If you only have a valid C&R FFL, then you are not exempt and the waiting periods/FSC/safe handling demo will apply to you.

[bajaramirez]

thank you! thats the most information i have read that makes sense, in a non-sense CA way. It is so frustrating dealing with CA. I have had my CA CCW for almost 6 years, have passed US Customs global entry program background check, have TSA precheck, have AZ and UT CCW's and had a security clearance when enlisted. With all this, why in the world (why in CA) does it take 5 months for my COE to get approved? from the information listed above, thanks to this delay, i will be paying an extra $150 for my rifle.

[G-forceJunkie]

If you wanted to do it legal, you would have to pay the $150 no matter what. Reread what Quiet posted, it would be illegal for you (with an 03/COE) to have it shipped to you.

[Jimi Jah]

My advice is don't run into walls.