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CA 30-day waiting period question

Discussion in 'Legal' started by dav, Feb 15, 2006.

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  1. dav

    dav Member

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    The question came up about private party sales and the 1 handgun per month law in California.

    Everybody 'knows' the law only applies to new, not private party sales. However, someone pointed out that it also applies to interstate sales, that the exemption was only for 'in-state' sales.

    Well, I went to the California DOJ site and tried to read the actual law. It appears that 12072(9)(A) sets the 30-day rule and that 12072(9)(B) lists the exemptions.

    It does not mention private party sales being exempt.

    Am I in the wrong area of the law? Or have they done away with the exemption without telling anyone?
     
  2. crazed_ss

    crazed_ss Member

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    Hmm.. that's a good question.

    Might wanna ask over at calguns.
     
  3. Kruzr

    Kruzr Member

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    Anytime a sale goes through an FFL other than a face to face private party transfer, it is the same as buying a new gun in Calif. The gun must be on the approved list and it will be recorded as a dealer sale. You may only DROS one gun per 30 days except a PPT (which is face to face between CA residents.) A PPT cannot be done with an out of state private party.
     
  4. UberPhLuBB

    UberPhLuBB Member

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    Mostly true. You can DROS as many long guns as often as you want, there is no limitation. Only handguns are limited to one per 30 days, and of those PPT handguns are included. That is to say all handgun transfers, PPT, non-PPT, out of state, new, whatever, all of them are limited to one per 30 days. Long guns, go nuts.
     
  5. Kruzr

    Kruzr Member

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    Handgun PPT's are exempt from the 30 day wait. You can also do a PPT while inside the 30 day wait for new gun. All handguns require the 10 day waiting period.
     
  6. Librarian

    Librarian Member

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    Relevant parts of the Penal Code for 'on the list' appear to be:
    In short, California Penal Code 12125 (a) says 'handgun has to be on the list", 12125 (b) says 'except if a 12072 (d) sale', which is 'neither party has FFL', that is, a private party sale as in 12082.

    The 30-day rule code is
     
  7. dav

    dav Member

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    Kruzr, what you are saying here is exactly what I said is "common knowledge" yet appears to no longer be true. There used to be an exemption in 12072(9)(B), but I can no longer find it.
     
  8. EOD Guy

    EOD Guy Member

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    It is still there.

    Section 12082 covers the private party sales conducted through a dealer.
     
  9. dav

    dav Member

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    I certainly do not wish to appear rude, EOD Guy, but it is not there.
    Here is a link to that section of the code: 12070 thru 12084. It is too long to copy here.

    12082 mostly deals with how much an FFL can charge, and what they do with the firearm if the transaction cannot be completed for one reason or another.

    But thanks for your input!
     
  10. dav

    dav Member

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    Maybe I need to further apologize to EOD Guy. Even Lockyer claims it is there in 12082 (see this notice to dealers).

    But, not being a lawyer, I sure don't see how it can be interpreted to say that.
     
  11. EOD Guy

    EOD Guy Member

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    This is what they are talking about.

    That is a private party sale.
     
  12. dav

    dav Member

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    EOD Guy, sorry for my being dense. I think I can see it, now.

    I could've sworn it used to just be one of the i-xii thingies actually SAID private party sales were exempt.

    Oh well. No wonder everyone agrees about how easy it is to conform to all of our laws these days.
     
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