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  #1  
Old 08-24-2019, 8:44 PM
bbb1234 bbb1234 is offline
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Default No longer in possession (BOF 4546)

Suppose someone transferred a firearm to an FFL dealer a year ago. Just learned that the FFL dealer has closed business two months ago. The seller is now sort of worried whether that firearm is in good hand. The seller currently has the sale receipt as well as a copy of the DES printout (BOF 935 Dealer Report of Firearm Acquisition, signed by both dealer and seller) to document the transaction.

1. Will filing a “No longer in possession” form help clarify the seller is really no longer the owner since last year?

2. Is it ok to file it now since the transaction is one year ago and the FFL has gone out of business?

3. What is the processing time for this form?

Last edited by bbb1234; 08-24-2019 at 8:53 PM..
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Old 08-24-2019, 9:32 PM
P5Ret P5Ret is offline
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Why duplicate? It was transferred to the dealer they completed a transfer, there is a copy of the paperwork in the persons possession, as well as a digital record on file with DOJ. No real reason to "clarify" anything.

I wouldn't waste my time filing anything with DOJ, when I did the legal thing to start with.
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Old 08-24-2019, 9:50 PM
denpython denpython is offline
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Costs ya $20
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Old 08-25-2019, 5:44 AM
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Quote:
Originally Posted by bbb1234 View Post
Suppose someone transferred a firearm to an FFL dealer a year ago. Just learned that the FFL dealer has closed business two months ago. The seller is now sort of worried whether that firearm is in good hand. The seller currently has the sale receipt as well as a copy of the DES printout (BOF 935 Dealer Report of Firearm Acquisition, signed by both dealer and seller) to document the transaction.

1. Will filing a “No longer in possession” form help clarify the seller is really no longer the owner since last year?

2. Is it ok to file it now since the transaction is one year ago and the FFL has gone out of business?

3. What is the processing time for this form?
1. Maybe, maybe not.

2. Since the No Longer in Possession is a voluntary report, there is no time limit to submit.

3. 4-64 weeks.
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Old 08-25-2019, 9:43 AM
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OCArmory OCArmory is offline
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I would just retain the acquisition form. It will have all the same info the no longer in possession form will.
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Old 08-26-2019, 12:06 AM
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Quote:
Originally Posted by P5Ret View Post
Why duplicate? It was transferred to the dealer they completed a transfer, there is a copy of the paperwork in the persons possession, as well as a digital record on file with DOJ. No real reason to "clarify" anything.

I wouldn't waste my time filing anything with DOJ, when I did the legal thing to start with.
When a FFL acquires a gun from someone, there is no digital record of that created at DOJ AFAIK, unless the gun is subsequently DROSd to a CA resident. But if the dealer keeps it or transfers it out of state, how would there be any record of that at DOJ? Dealers only log acquisitions into a private book/record unless a DROS is done.
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Old 08-26-2019, 6:26 AM
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OCArmory OCArmory is offline
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When a dealer acquires a firearm it is electronically entered into the DES system. You would be incorrect.
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Old 08-26-2019, 7:18 AM
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Quote:
Originally Posted by OCArmory View Post
When a dealer acquires a firearm it is electronically entered into the DES system. You would be incorrect.
Thank you. Does this include every gun he acquires from distribution, every gun he receives from out of state etc? You are saying that every gun on the shelf for sale in CA right now has been entered into DES already? Does this also apply to non-dealer FFLs, like mfg or gunsmiths?
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Old 08-26-2019, 1:38 PM
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When you purchase a firearm from an individual you have to enter it into DES wholesale purchases are not enetered
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Old 08-26-2019, 1:58 PM
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The op already stated that the electronic form was submitted BOF 935
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Old 08-26-2019, 1:59 PM
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Quote:
Originally Posted by OCArmory View Post
When you purchase a firearm from an individual you have to enter it into DES wholesale purchases are not enetered
Thanks again, I think I found PC

https://leginfo.legislature.ca.gov/f...ctionNum=26905.


Quote:
26905.
(a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a handgun, and commencing January 1, 2014, of any firearm.

(b) The provisions of this section shall not apply to any of the following transactions:

(1) A transaction subject to the provisions of Sections 26960 and 27660.

(2) The dealer acquired the firearm from a wholesaler.

(3) The dealer acquired the firearm from a person who is licensed as a manufacturer or importer to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.

(4) The dealer acquired the firearm from a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.

(5) The dealer is also licensed as a secondhand dealer pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a handgun, and, commencing January 1, 2014, any firearm, and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.
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