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Old 03-16-2013, 5:07 PM
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Librarian Librarian is offline
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Originally Posted by kemasa View Post
Yes, it is supposed to be in writing. It is still there. I have it listed as being in the Code of Regulations 4033.

Also, a FFL does not have to do a handgun PPT if they don't sell handguns.
Right -
4033. Criteria for Processing Section 28050 Transactions.

(a) All dealers shall process a section 28050 transaction upon the request of the transferor. All such requests shall:

(1) Be in writing and contain all of the terms of the transaction, and

(2) Be signed by the transferor and the transferee.

(b) Except as otherwise provided in Penal Code sections 28050 through 28070, a dealer shall process a section 28050 transaction in the same manner as if it were a dealer retail sale.
Years back, tried to figure out what satisfies "contain all of the terms of the transaction"; never came up with anything. No dealer has ever asked me for anything written (but I have never been a seller).

How about
Date: _________
I, _________, seller, wish to sell a
[ handgun | rifle | shotgun ] [make, model, caliber, serial number]
to _________, buyer, in a PC 28050 transaction.

Seller /s/
Buyer /s/
What's the legal for 'price is none of your business'? Used to be something like 'For one dollar and other valuable considerations, ' but I seem to recall the 'one dollar' line being deprecated as not sufficient.

ETA but that may be a misunderstanding - the code sections cited for 4033 are these - Note: Authority cited: Section 28060, Penal Code. Reference: Sections 26700, 26710, 26825, 27535, 27545, 28100, 28160, 28165, 28210 and 28215, Penal Code. . All of those are 'Dealers must submit DROS' or related to the info submitted; I begin to think the meaning of 4033 is less 'make a written request' than 'DROS just like any other dealer transaction'.

The other handguns thing is already in the first post, 28065

Another reg -
4034. Dealer Fees.

All dealers shall display on the business premises where it can easily be seen, a schedule of fees for processing section 28050 transactions and, prior to processing, the dealer shall notify the parties of the specific fee(s) to be charged for the transaction. The dealer may also require payment of all fees prior to initiating a section 28050 transaction.
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.

Last edited by Librarian; 03-16-2013 at 5:42 PM..
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