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Old 03-03-2008, 09:36 AM
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Question Do I have to register C&R handgun in CA?

I got a question here. I recently got my FFL license to collect curios & relics. I have been hearing that I still have to pay a fee and register any handgun I purchase under my license with the state of California even though it is on the list of curios & relics as listed by the BATFE, AND is at least 50 years old. Is this true? I have not bought any yet and I don't want to break any laws.
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Old 03-03-2008, 10:18 AM
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If you buy the handgun in CA then you have to DROS it with a FFL01. If you buy out of state then you have to send in the info and $19 to CA DOJ.

http://ag.ca.gov/firearms/forms/pdf/curioapp.pdf

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Old 03-03-2008, 10:25 AM
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You are confussing State law with Federal law. Yes, by state law a FFL dealer (type 01) must DROS the gun to you.

You C&R is for long guns in CA.
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Old 03-03-2008, 01:41 PM
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SO let me get this straight - I have a FFL class 3 Curios & Relics license. I still have to go thru a FFL class 1 holder to get the gun even though I am buying from another FFL licensed person? And still have to pay our wonderful (NOT) state more money just to complete the transaction? Most Class 1 dealers charge fees just to do that that I know. Damn. I want to leave California more and more. Living here or just doing business is #$#@ expensive. Makes me wonder why I even bothered to get the license...
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Old 03-03-2008, 01:56 PM
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Quote:
Originally Posted by Tom98915 View Post
SO let me get this straight - I have aFFL class 3 Curios & Relics license. I still have to go thru a FFL class 1 holder to get the gun even though I am buying from another FFL licensed person? And still have to pay our wonderful (NOT) state more money just to complete the transaction? Most Class 1 dealers charge fees just to do that that I know. Damn. I want to leave California more and more. Living here or just doing business is #$#@ expensive.

Yes. I have had a C&R license for several years:

You cannot purchase any handgun, C&R or otherwise without using a Type 01 FFL, at which time, all standard DROS forms will be filled out by you, and the background check performed by the dealer. As mentioned by zinfull, you must fill out the form and "self register" the gun, if you purchased it out of state and carried it into CA.

Long guns, if they are C&R status can still be purchased with your license, via the internet, no FFL 01 is needed in that transaction.

Other states still allow the C&R mail order purchase of C&R handguns, but not California.

Harsh reality, but thats the law. Moving to another state? Your choice...you have 49 other states to pick from. Choose wisely, some have much MUCH worse gun laws.
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Old 03-03-2008, 02:07 PM
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One more question - does the 30 day between purchases apply to a C&R holder?
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Old 03-03-2008, 02:09 PM
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Quote:
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One more question - does the 30 day between purchases apply to a C&R holder?
No. But as said above the 10 day wait DOES still apply.
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Old 03-03-2008, 02:17 PM
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Thanks for answering my questions. It does make it more clear.

I'm going to talk to the local guy here about it too since he will be the one I will be doing the DROS through.
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Old 03-03-2008, 02:23 PM
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Quote:
Originally Posted by Tom98915 View Post
Thanks for answering my questions. It does make it more clear.

I'm going to talk to the local guy here about it too since he will be the one I will be doing the DROS through.
BTW I believe you also need valid California Certificate of Eligibility from the DOJ.
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Old 03-03-2008, 02:59 PM
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BTW I believe you also need valid California Certificate of Eligibility from the DOJ.
Certificate of Eligibility? Please enlighten me.
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Old 03-03-2008, 03:20 PM
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Certificate of Eligibility? Please enlighten me. I had my Firearms Eligibility done through Livescan for my CCW recently. Or do you have to do the livescan again for each individual application? This is starting to discourage me with all these hidden expenses and hoops I have to jump through I was never told about until now

Good thing I asked before getting into a legal jam buying something
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Last edited by Tom98915 : 03-03-2008 at 03:23 PM.
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Old 03-03-2008, 03:37 PM
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The COE is a separate scan from the CCW. Your 03 FFL and the COE is an exemption to the 30 days per (new) handgun law. If you buy the C&R pistol within the state, a 01 FFL must DROS it to you. Out of state, it must be registered upon your return to California via a form you get from the DOJ.

Yes, they made this process about as cumbersome as they can...

Your 03 FFL, however, is also good for discounts at several online vendors, and depending upon the size of your order, the difference between retail and their discount can "pay for" the 03 FFL. Do enough ordering in a given year and you'll also recover the cost of the COE. That would be a decent sized order over the year though...
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Old 03-03-2008, 03:50 PM
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A C&R FFL (03-FFL) + a COE = no 10 day waiting period on C&R firearms bought from a 01-FFL in CA.


CA Penal Code 12078
(t)(1) The waiting period described in Sections 12071 or 12072 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor, by a dealer 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 who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, 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 subdivision (b) or (c) of Section 12077.
(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
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Old 03-03-2008, 03:56 PM
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COE application form http://ag.ca.gov/firearms/forms/pdf/coeapp.pdf

CA Penal Code 12071(a)
(4) A person may request a certificate of eligibility from the Department of Justice and the Department of Justice shall issue a certificate to an applicant if the department's records indicate that the applicant is not a person who is prohibited from possessing firearms.
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Old 03-05-2008, 01:38 PM
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[quote=Tom98915;42172]- I have a FFL class 3 Curios & Relics license. I still have to go thru a FFL class 1 holder to get the gun even though I am buying from another FFL licensed person? QUOTE]

Just for the record, you do not have a class 3, it's a type 03. I do not have a class 1, I have a type 01, and a few more . . .
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