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Old 01-09-2018, 8:13 AM
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Default Exempt handgun sale...Question

Have a customer that had a malfunctioning Ruger revolver. He sent it back to Ruger and they shipped me a new replacement for him.
Even though it's not a "sale" per se, would he still be subject to the 1-30 rule (since the new Ruger is a replacement) as he has purchased another handgun a few days ago?
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Old 01-09-2018, 8:18 AM
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As far as I know it is not exempt for the 1 in 30. It should be, but it is a different firearm and there is no exemption that I am aware of for replacement firearms. It is just like any other transfer except with documentation it is exempt from sales tax.
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Old 01-09-2018, 8:45 AM
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This exemption might apply... [PC 27535(b)(10)]
Otherwise the 1 in 30 day wait is in effect.

Penal Code 27535
(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
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Old 01-09-2018, 9:05 AM
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Quote:
Originally Posted by Quiet View Post
This exemption might apply... [PC 27535(b)(10)]
Otherwise the 1 in 30 day wait is in effect.

Penal Code 27535
(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
No...don't think that meets the criteria in this case. I wasn't involved in any sort of transaction with the buyer, just the registration of his replacement handgun.
Thanks Guys...............I'll go with the 1-30...
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So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019
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