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RickB Offline OP
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Well...I got my handy-dandy "I'm Okay" certificate of eligibility from the California DOJ today so I can "legally" receive firearms from other FFL's now.

How in the world they would ever know otherwise is a mystery to both me and the agents at the California DOJ I spoke with...but I guess the politicians feel better now knowing that one federally licensed dealer has transferred a firearm to another federally licensed dealer. That should do allot to keep guns out of the hands of criminals and make our streets much safer don't you know. smile



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I have been waiting for the feds to make themselves useful and tell California to knock it off.

jim


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RickB Offline OP
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Don't hold your breath on that one! smile

As we all know this is absolutely nothing but pure politics and doesn't even really have anything to do with gun control per se since it will have absolutely ZERO effect on retail sales of firearms in California. It is strictly FFL to FFL transfers and nothing else.

Just another excuse to get some annual fees from people that they weren't getting before, so they can use the money for all their other give away programs they can't seem to fund with just our tax dollars.

Much ado about NOTHING as far as I'm concerned...just another in the long list of ridiculous politicians attempting to say they are doing something to fight crime.

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Rick,

Some fed or other will eventually get his nose out of joint over usurpation of authority and make it go away, but I agree that folks aren't worrying about the rights of citizens here.

jim


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RickB Offline OP
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I agree...but I still haven't figured out just how in the world they expect to monitor and enforce this law. Like most states, California agencies are stretched pretty thin and handing them more things to do is just adding to their already overflowing plates.

A private, non-licensed gun owner anywhere in the country can send me their firearm without any paper work/records at all on their end...but another FFL has to do the dance to do so. Somewhere in there is some logic...but so far it has escaped me. smile

The process I had to go through to get the stamp of approval from the California DOJ was an exact duplicate of what was required in order to get an FFL through the BATF. Same background check, same fingerprint requirements, same, same, same.

What's even sillier is that if I wanted to walk into a gun store and buy myself a firearm I would have to go through the same forms, checks and waiting period as anyone else.

If I wasn't already cleared by the state and the feds to own and possess firearms I couldn't have the FFL or the letter of approval from the state in the first place.

How far do you think the states would get if they all decided to enact their own versions of one of the other parts of the Bill of Rights? smile

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Ya know, given the education level of the vast majority of your legislators, it's entirely possible that the people that passed this bill into law aren't even aware that a private gun owner can still legally ship his personally owned firearm (handgun or long gun)to an FFL and that even worse, can have it shipped back to him without any paperwork what so ever being processed. Doing feel good legislation has nothing to do with being aware of what you're doing.


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Rick,
Even with your letter dont you still have to get a seperate letter for each transaction from an FFL? I just had Tanners back east refuse to ship Tikka 3-round magazines to CA because its not worth their headache.


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RickB Offline OP
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Yes you do.

It only applies to firearms though, not parts.

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"I just had Tanners back east refuse to ship Tikka 3-round magazines to CA because its not worth their headache."

Probably just what the politicos in California want. Eventually no replacement parts come in and the guns become useless.

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Tanners is creating the "headache" because the new law only concerns shipments of FIREARMS between FFL's.


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Originally Posted by RickB

What's even sillier is that if I wanted to walk into a gun store and buy myself a firearm I would have to go through the same forms, checks and waiting period as anyone else.

You're kidding me... You can't buy a gun in a store in CA with just a copy of your FFL???

Geez-Louise... I can buy any gun I want to in the surrounding states and do nothing more than give them a copy of my FFL and some bux... No waiting period, no nuthin'...


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Maybe I should have worded it differently.

If I want to buy a "personal" firearm I have to jump through all the hoops. If I want to buy it with my FFL I can do that but then it becomes a part of my business inventory and if I want to transfer it to my personal collection (especially if it's a handgun or a semi-auto rifle) I have to go through all the state checks and forms...and I guess I would have to promise not to take it out of the safe until after the waiting period. smile

Not a huge deal...but pretty silly any way you look at it.





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As I understand it, you also have to advise DOJ (get approval?) if you give/send a firearm to another FFL. A gunshop with an FFL taking a gun to a remotely located FFL gunsmith for work, must report such to DOJ, and the same when it is returned. Not sure about the approval of both ends of transfer.

If for some reason BATF takes custody of your firearm, as with a raid and seizure from an FFL for any minor infraction, in order to gain return of your firearm from BATF you not only have to have their approval and provide proof of legal ownership, but you have to go through the same procedure with the DOJ as you would in purchasing a firearm, only this time instead of a 10 day waiting period for the new gun you have to wait 30 days for your own gun. Don't ask me how I know this!


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RickB Offline OP
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The only time you have to get the letter of approval is if the firearm is being transferred to a California FFL from another FFL...either inter or intra state.

The letter of approval can be obtained/downloaded on the spot from the DOJ's website 24/7.

This really doesn't effect the retail customer purchasing a firearm in California or the customer of a gunsmith in California.

As for out of state FFL's refusing to ship to California FFL's that, to me, is just an example of private/voluntary gun control measures. It's pretty hard to complain about the government instituting gun regulations when private people and companies are doing so voluntarily. smile

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Originally Posted by RickB
Maybe I should have worded it differently.

If I want to buy a "personal" firearm I have to jump through all the hoops. If I want to buy it with my FFL I can do that but then it becomes a part of my business inventory and if I want to transfer it to my personal collection (especially if it's a handgun or a semi-auto rifle) I have to go through all the state checks and forms...and I guess I would have to promise not to take it out of the safe until after the waiting period. smile

Not a huge deal...but pretty silly any way you look at it.




You're kidding, right? If I buy a firearm from another dealer using my FFL, I can still transfer it to my personal collection by making an entry in the transfer book to " 'name', for personal collection.. I still do not need to do a 4473 transfer etc...

CA is definitely a state I will forever stay away from... It's like an alien planet...


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RickB Offline OP
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I think you might want to check Wisconsin's gun laws before you say that.

Specifically look at Chapter 175 section 175.35 of the Wisconsin statutes.

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Their new rule worked for me... I will not enter my name in their system to send or receive guns on my FFL to or from their state...
art


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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I know the statute.. It describes transfers of handguns to buyers.. Yes, there's a 48 hour waiting period.. That does NOT apply to FFL holders. Read specifically: 175.35(2t)(b)


As a named licenseholder, I can transfer to myself with no 4473, no WI state check nor any waiting period..


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RickB Offline OP
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Originally Posted by Sitka deer
Their new rule worked for me... I will not enter my name in their system to send or receive guns on my FFL to or from their state...
art


Wow...I'm sure that will shut things down here in a hurry! smile

By the way, the law only pertains to firearms coming into the state...not one's leaving it. You might try reading the law before you get so uppity and and indignant.

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RickB Offline OP
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Originally Posted by Redneck
I know the statute.. It describes transfers of handguns to buyers.. Yes, there's a 48 hour waiting period.. That does NOT apply to FFL holders. Read specifically: 175.35(2t)(b)


As a named licenseholder, I can transfer to myself with no 4473, no WI state check nor any waiting period..


Sorry, brother...but I believe you are misinterpreting the wording of that section. That section concerns business transfers between FFL dealers...NOT FFL dealers taking a firearm in their business inventory and transferring it to their private collection.

You (Redneck the private citizen) and your FFL licensed business are not the same entities as far as either federal or state gun laws are concerned. Whenever a firearm in your FFL business inventory is transfered that transfer is subject to ALL applicable state and federal laws.


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