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  #1  
Old 05-17-2013, 12:19 PM
hotrodjenson hotrodjenson is offline
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Default is a ffl 01 and 07 holder exempt from the 1 in 30 days pistol rule?

Im selling 4 pistols to the owner of a gun shop and he said he is personally exempt so he can transfer them all into his name the same day. I just want to make sure im not doing anything wrong by selling these guns to him. I bought them 2 months ago and they just shipped to his shop for the transfer. Im not going to keep them and he offered to buy them for himself. does this sound right?
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Old 05-18-2013, 6:40 AM
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ugimports ugimports is offline
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Anybody doing a PPT is exempt from the 1 in 30 day rule. If he was selling this at his shop through his inventory he would be exempt too otherwise he would never be able to purchase more than 1 handsgun / month for resale.
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Old 05-18-2013, 10:25 AM
dachan dachan is offline
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Quote:
Originally Posted by hotrodjenson View Post
Im selling 4 pistols to the owner of a gun shop and he said he is personally exempt so he can transfer them all into his name the same day. I just want to make sure im not doing anything wrong by selling these guns to him. I bought them 2 months ago and they just shipped to his shop for the transfer. Im not going to keep them and he offered to buy them for himself. does this sound right?
Assuming this is not a PPT situation (since you probably haven't transfered them into your name), yes, a properly licensed dealer is still basically exempt from the 1/30day restriction on handguns as well as the 10day waiting period on firearms, both personally and as a business.

If he is transfering them into his personal collection, he is exempt from 1/30day restriction per PC12072 (a) (9) (B) (vii) and exempt from the 10day waiting period per PC12078 (n) (1). Of course, the transfer still has other restrictions, such as being rostered (or roster exempt) and needs the proper paperwork (i.e., DROS per PC12078 (n) (2) (B).)

If he is transfering them into inventory, it's a moot point because they are already in his inventory.

Quote:
1/30day restriction:
12072 (a) (9)(A) No person shall make an application to
purchase more than one pistol, revolver, or other firearm
capable of being concealed upon the person within any
30-day period.

10day waiting period
12072 (c) No dealer, whether or not acting pursuant to
Section 12082, shall deliver a firearm to a person, as
follows:
(1) Within 10 days of the application to
purchase, or, after notice by the department pursuant to
subdivision (d) of Section 12076, within 10 days of the
submission to the department of any correction to the
application, or within 10 days of the submission to the
department of any fee required pursuant to subdivision
(e) of Section 12076, whichever is later.


Qualifying exemptions:
12072 (a) (9) (B) Subparagraph (A) shall not apply to any of
the following:
(vii) Any person who may, pursuant to Section
12078, claim an exemption from the waiting period set
forth in subdivision (c) of this section.

12078 (n)(1) The waiting period described in Section
12071 or 12072 shall not apply to the delivery, sale, or
transfer of a handgun by a dealer in either of the
following situations:
(A) The dealer is delivering the firearm to
another dealer and it is not intended as merchandise in
the receiving dealer's business.
(B) The dealer is delivering the firearm to
himself or herself and it is not intended as merchandise
in his or her business.

DROS to self requirement
12078 (n) (2) In order for this subdivision to apply, both
of the following shall occur:
(A) If the dealer is receiving the firearm from
another dealer, the dealer receiving the firearm shall
present proof to the dealer delivering the firearm that he
or she is licensed pursuant to Section 12071 by
complying with paragraph (1) of subdivision (f) of
Section 12072.
(B) Whether the dealer is delivering, selling, or
transferring the firearm to himself or herself or to
another dealer, on the date that the application to
purchase is completed, the dealer delivering the firearm
shall forward by prepaid mail to the Department of
Justice a report of the same and the type of information
concerning the purchaser or transferee as is indicated in
subdivision (b) of Section 12077. Where the electronic
or telephonic transfer of applicant information is used,
on the date that the application to purchase is
completed, the dealer delivering the firearm shall
transmit an electronic or telephonic report of the same
and the type of information concerning the purchaser or
transferee as is indicated in subdivision (b) of Section
12077.


Last edited by dachan; 05-18-2013 at 10:51 AM..
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