Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 09-13-2017, 11:37 PM
dagle dagle is online now
Member
 
Join Date: May 2013
Posts: 181
iTrader: 10 / 100%
Default 1 in 30 Handgun Can I sell the 2nd gun before 30?

I have 2 Glocks at my FFL at the moment, Gun1 which I pick up next week and the Gun2 that will be pickuppable 3 weeks after. Would it be possible to sell Gun2 now? I don't have an issue waiting, but I've had a change of heart and don't think I will use the G19 much.
Reply With Quote
  #2  
Old 09-14-2017, 6:04 AM
Junkie's Avatar
Junkie Junkie is offline
Veteran Member
 
Join Date: Aug 2007
Location: Bay Area
Posts: 4,582
iTrader: 20 / 100%
Default

I bought a gun online, it showed up at my FFL and was something more special than I expected, and sold it here.

I don't know what your FFL will allow, though.
__________________
I will never buy another Spikes Tactical item, as I have a 5.45 marked barrel from them with a 5.56 bore that keyholed at 25 yards, and they wouldn't replace it.

Quote:
Originally Posted by CSACANNONEER View Post
A real live woman is more expensive than a fleshlight. Which would you rather have?
Reply With Quote
  #3  
Old 09-14-2017, 9:40 AM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 2,219
iTrader: 0 / 0%
Default

Quote:
Originally Posted by dagle View Post
I have 2 Glocks at my FFL at the moment, Gun1 which I pick up next week and the Gun2 that will be pickuppable 3 weeks after. Would it be possible to sell Gun2 now? I don't have an issue waiting, but I've had a change of heart and don't think I will use the G19 much.
???? You want to sell Gun2 now and you can't even pick it up for 3 weeks after you pick up Gun1 a week from now? Something sounds goofy. It sounds like you want to sell Gun 2 before the sale is even approved by DOJ and the 1 in 30 only affects when you can start a DROS. When you can pick up the first doesn't tell us when you commenced its DOS.

Last edited by Chewy65; 09-14-2017 at 9:53 AM..
Reply With Quote
  #4  
Old 09-14-2017, 9:42 AM
Ldarshay's Avatar
Ldarshay Ldarshay is offline
Senior Member
 
Join Date: Mar 2013
Location: South PRK
Posts: 2,482
iTrader: 91 / 100%
Default

Quote:
Originally Posted by dagle View Post
I have 2 Glocks at my FFL at the moment, Gun1 which I pick up next week and the Gun2 that will be pickuppable 3 weeks after. Would it be possible to sell Gun2 now? I don't have an issue waiting, but I've had a change of heart and don't think I will use the G19 much.
They shouldn't have submitted DROS yet on #2, so you just need to contact dealer.
Reply With Quote
  #5  
Old 09-14-2017, 2:47 PM
Oceanbob's Avatar
Oceanbob Oceanbob is offline
I need a LIFE!!
 
Join Date: Jun 2010
Posts: 10,688
iTrader: 91 / 100%
Default

Whoever buys gun #2 can start DROS immediately.

Bob
__________________
May the Bridges I burn light the way.

Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).
Reply With Quote
  #6  
Old 09-14-2017, 11:57 PM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 2,219
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Oceanbob View Post
Whoever buys gun #2 can start DROS immediately.

Bob
Given what the sketchy details that OP supplied in his post, how does that work? I can't even tell from what he posted just when he started DROS for gun #1.
Reply With Quote
  #7  
Old 09-15-2017, 7:35 AM
Oceanbob's Avatar
Oceanbob Oceanbob is offline
I need a LIFE!!
 
Join Date: Jun 2010
Posts: 10,688
iTrader: 91 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
Given what the sketchy details that OP supplied in his post, how does that work? I can't even tell from what he posted just when he started DROS for gun #1.
Chewy....maybe I assume too much. If he hasn't started any paperwork
On gun 2 then with the OPs permission the FFL can do the DROS to any
qualified person. Might be a fee besides DROS I just don't know..

Be well
Bob
__________________
May the Bridges I burn light the way.

Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).
Reply With Quote
  #8  
Old 09-16-2017, 3:01 PM
dagle dagle is online now
Member
 
Join Date: May 2013
Posts: 181
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
Given what the sketchy details that OP supplied in his post, how does that work? I can't even tell from what he posted just when he started DROS for gun #1.
It's sketchy that I purchased 2 handguns? Man, your California is really showing bud. If you take a step back and read in plain english the question, all I asked was if I could sell gun2 (G19) now, instead of waiting another 30 days to pick it up and sell it then.

Everyone else, thanks for the answer I'll ask my FFL on monday when I grab the first gun.
Reply With Quote
  #9  
Old 09-17-2017, 8:03 AM
boopiejones's Avatar
boopiejones boopiejones is offline
Senior Member
 
Join Date: May 2014
Posts: 570
iTrader: 11 / 100%
Default

I believe it is totally ok to sell a gun that hasn't been DROSed to you yet. I had a similar situation where my FFL was retiring in 20 days, but I had purchased two pistols and had them shipped to him. I would only be able to DROS and pick up one of the two before he retired, so my wife DROSed the other one so we could get them off his hands before retirement.

Before anyone chimes in with "yeah but that's your wife and she's a direct family member so it's different," my FFL told me that anyone that can legally own a firearm could have done the DROS. It doesn't matter who paid for the gun initially.
Reply With Quote
  #10  
Old 09-17-2017, 9:46 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 36,046
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by dagle View Post
It's sketchy that I purchased 2 handguns? Man, your California is really showing bud. If you take a step back and read in plain english the question, all I asked was if I could sell gun2 (G19) now, instead of waiting another 30 days to pick it up and sell it then.

Everyone else, thanks for the answer I'll ask my FFL on monday when I grab the first gun.
Sketchy details = 'not enough information', a sketch rather than a complete picture.
__________________
Once again, we're in CA Bill Season.

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.

Let us simply oppose them all - write, call, attend meetings with legislators and tell them they're wrong.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #11  
Old 09-17-2017, 11:08 AM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 2,219
iTrader: 0 / 0%
Default

Quote:
Originally Posted by boopiejones View Post
I believe it is totally ok to sell a gun that hasn't been DROSed to you yet. I had a similar situation where my FFL was retiring in 20 days, but I had purchased two pistols and had them shipped to him. I would only be able to DROS and pick up one of the two before he retired, so my wife DROSed the other one so we could get them off his hands before retirement.

Before anyone chimes in with "yeah but that's your wife and she's a direct family member so it's different," my FFL told me that anyone that can legally own a firearm could have done the DROS. It doesn't matter who paid for the gun initially.
That sounds very much like the situation that Oceanbob said could be done if paperwork hadn't been started on Gun #2.

It may be different not because your wife is a direct family member, but because of community property law. Otherwise the DOJ might take a dim view of an FFL circumventing the 1 in 30 rule. Not that anyone is going to do anything about it, but you may have just admitted to the equivalent of aiding or conspiring with that FFL. Somehow I don't think that is much of a problem for you, but you should talk with an attorney.

That's just the 1 n 30. Then you have a straw purchase issue. See Abramski. Your wife attested to being the actual purchaser, but the money was from you, so it wasn't a gift. That could be more of a problem for you and your wive than 1 n 30.

Last edited by Chewy65; 09-17-2017 at 11:12 AM..
Reply With Quote
  #12  
Old 09-17-2017, 12:28 PM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 2,219
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Librarian View Post
Sketchy details = 'not enough information', a sketch rather than a complete picture.
Exactly. I did not mean sketchy as in appearing illegal, immoral, or shady.
Reply With Quote
  #13  
Old 09-21-2017, 12:40 PM
dagle dagle is online now
Member
 
Join Date: May 2013
Posts: 181
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
Exactly. I did not mean sketchy as in appearing illegal, immoral, or shady.
Ah, classic sketchy.

As an update to my original question:
Yes, it is technically possible but my FFL did not care to. He preferred that I wait the 30 days because the weapon came to me from Glock factory and if DROS to someone else, it may raise a flag to DOJ. That's the understanding I was given, but I didn't press the issue since a few weeks is not a big deal.
Reply With Quote
  #14  
Old 09-21-2017, 12:55 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 8,326
iTrader: 5 / 100%
Default

It won't raise a red flag from the DOJ because they don't know who it was intended for, that is just fear.

One issue could be raised is that you would be selling a firearm that was not yours and if it got noticed, it could be said that you were acting as an unlicensed FFL. One time would not likely be a problem though.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 2:41 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.