PRK's drop-test listing extortion racket, and exemptions therefrom.

Status
Not open for further replies.
Joined
Dec 28, 2002
Messages
616
Location
Palo Alto, People's Republic of Kaliforny
As inspired by my post in this thread, I'm inquiring about exemptions to the PRK's drop-test listing extortion racket, but I want to reach a broader audience.


Way back when, two years ago, when the drop-test certification scheme first came into effect, there was a lot of confusion about what guns actually needed to be listed. With the requirement of a seperate listing for identicle guns with variations as minor as barrel length or finish type, it amounts to an extortion scheme for maufacturers to list their entire line. While the 30-ish-thousand dollar cost of the independent lab test of a given model might not be required for every variant, the $100-$250 listing fee definitely IS. For a company with an extensive line like Ruger or S&W, that isn't chump change on a yearly basis. I worked out the math for Ruger once, and with something like 80 guns in their line-up, I discovered it amounts to some $20,000/year just to MAINTAIN the ability to sell all of their products in this state, never mind the initial outlay of the cost of the independent lab test.

Like I said, extortion. Can't sell guns in THIS state 'lessen you grease the gears of the beauracracy, FFL notwithstanding. It's this arbitrary cost that I think is keeping Taurus from listing it's whole line here, which denies access to a whole bunch of guns that they make that I would jump at the chance to purchase. Stupid state. :fire:

There are, however, some exemptions to the drop-test requirements. C&R guns are exempt, and private-party transfers allow folks within the state to sell guns that are unlisted without the potentially onerous/unfair ordeal of selling them out-of-state. (I imagine selling off an assualt weapon from the PRK must involve a little 'captive market' gouging, as an out-of-state buyer must realize that people in the PRK have a restricted number of avenues to dispose of their guns, and can subsequently squeeze a little more of a discount out of a given seller as there's no local competition.)

Another class of guns that are not subject to the listing is single-action revolvers of the type used in Cowboy Action Shooting. Or at least, there WAS an exemption for these guns, some two years ago in the early days of the law's implementation. The CalDOJ's website that gun dealers access to run DROS's and backround checks had at the time a seperate menu for single-action, non-autoloading, non-changeable-magazine guns that allowed for their registration and sale regardless of their manufacturer or listing status. I discovered this while doing a song & dance and The Merry Ha-Ha to figure out how receive ownership of guns that I had ordered and paid for that my dealer was storing while I waited out the one-gun-a-month purchase restriction enacted the year before. (I'd had string of five guns laid out in November, and three of them were NOT going to wind up on the list, as they were out of production, and the manufacturers had no incentive to pay the costs on listing a used model when they'd rather sell their newer offerings. That provision cost me the ownership of a stainless Ruger Service Six, and a 20% restocking fee when I had to send the gun back a month after I'd bought it. :fire: )

One January day whilst hanging about in the back of my dealer's store on one of my many regular visits, he showed me a NIB NAA .22 mag Mini-revolver that had just arrived that a lady had ordered back in November before the drop-test law went in to effect. He told me how at first both he and his customer were dismayed at the prospect of having the sale denied, as the little gun wasn't listed, but that he'd discovered that it was exempted under the provision for SA revolvers. He then further mentioned that although the exemption existed for CAS revolvers, the law as written was not specific to wheelguns, and therefore guns like the Thompson/Center Contender, a non-autoloading, no-magazine, single-action firearm, also qualified for dealer sale under the same exemption. He griped about how all the dealers he knew had pulled Contenders from their shelves, and that companies like T/C and NAA had issued statements about how they weren't going to ship their products to the PRK due to the hoops the state required them to jump through, when in fact there was LESS of a restriction on those types of guns then on more complicated types. This, he said, was because of CalDOJ's typical obstructionist attitude about implementing the new gun laws whereby they were perfectly willing to let folks ASSUME that the restrictions covered a wider scope than they actually did. (We had run face-first into this attitude from DOJ around the one-a-month exemption for private-party transfers. Confirmation of this provision had to be DRAGGED out of DOJ officials reluctantly, with repeated phone calls, and an admission from one that they were encouraging the "un-circulation" of that exemption in dealer circles by not mentioning it unless directly asked for the specific purpose of deliberately slowing/damping down gun sales in the state. :cuss: ) When coupled with legitimate distributor's conservative attitude of not wanting to run afoul of the law by accident because they didn't understand it's particulars, it meant he couldn't order these guns at all, despite knowing it was legal to sell them.

Now, at the time, DOJ's website was under construction, and it would change on a day-to-day basis. In particular, the menu about SA firearms that my dealer had accesed regarding the NAA mini-revolver was unavailable at a later time when we tried to review the DOJ's position on cowboy guns, with the idea of ordering one for me. We never could find a straightforward answer to that question that day, so we didn't order a gun for me. I subsequently lost my job, ran out of money, and could no longer afford to buy one, so we never pursued the subject to it's ending.

That was a year and a half ago. I would like an answer to this mystery, which gets me to a couple of direct questions:

  • Are CAS-style guns like SA revolvers still exempted from the drop-test listing, and if so, does that include modern SA's like the Ruger Blackhawk?
  • Presuming it exists, does that exemption extend to manually-operated SA guns like the T/C Contender, the Savage Striker, the MRI Lone Eagle, the Remington X-P 100, and other guns of that ilk that the rest of the world seems to think are un-sellable in this stupid state?


I still have no faith in answers direct from DOJ, so I'm disinclined to call 'em, but if I have to, I'd like to be forearmed with appropriate info.
 
H_R_G,

I don't know for sure and the DOJ probably won't give you a straight answer. I'm a native of the PRK and was there when this sorry law went into effect. At that time I was trying to get a CZ 75 in Nickel and got 3 or 4 different opinions as to whether the listing of the "Steel" CZ included the Nickel version. Turns out it didn't. The DOJ couldn't or wouldn't answer this at the time.

The only source I found to be reliable was Turners Sporting Goods. They are a chain of stores in Southern CA. Not sure if they are where you are or not. However, they were large enough to have a legal department of their own that had looked into the convoluted B/S law fairly extensively. I found their info to be reliable at the time. They were able to point to chapter and verse to explain. They are on the web at www.turners.com

They might be worth a try. I called the Pasadena store and spoke to the manager and he went to their legal department and was very prompt about getting back to me. Hopefully they still are.

I moved to Kentucky abut 2 years ago now. I can't tell you what a hassle free experience buying a gun is here. I even get to walk out with it the same day. Too bad they didn't recall Lockyear when they got Davis.
 
OK, last I heard, the SA rules were as follows:

SA guns do not have to be tested, SO LONG AS they meet both of the following two requirements:

1) Five shot or higher capacity;

2) Total length of 7.5" or longer as measured parallel to the barrel. (In other words, you don't measure diagonally from the bottom of the grip to the tip of the barrel, you draw a line from the rearmost area of the grip upwards to intersect a line parallel to the barrel.)

The first rule was put in specifically to screw over derringers. The second is there to screw NAA Minirevolvers or their cousins made by Freedom Arms or more recently Charter 2000.

Under these rules, the Ruger Bird's-Head Vaquero with a 3.5" barrel barely qualifies. We suspect that one reason Ruger stuck with the 4.68" barrel on the 32H&RMag "mini Vaqueros" in bird's-head is that being based on the Single Six frame, they wouldn't have made 7.5" with a 3.5" tube.

So all Blackhawks/Vaqs/SBHs need not be tested or listed (including the Hunter), all modern Freedom Arms (unless somebody custom-ordered a '97 frame with a 3" tube), and more. Even SAs that can't pass the tests such as the USAF Rodeo and other "true SAA clones" are fine, as long as the barrel is long enough to make 7.5" total.

SAs that don't meet these requirements, such as various American Derringer and NAA pieces, can still apply for the full drop-test regimen and qualify that way. NAA has of late been applying for the tests and listing some guns. I told Sandy he oughta make a 5" or 6" barrel "Super Mini Master" for the California market :).

So far as I'm aware, none of these rules have changed from the law's original incarnation.

Oh, another thing: you can buy an SA that meets spec and then chop it down further or have a gunsmith do so (in-state or out). You just can't sell it in-state afterwards. So if you want a Gary Reeder "Gambler" Vaquero with a 2" barrel and super-small grip, you can't have Gary build you one on a frame he sells you. You have to buy a Vaquero in-state and ship it to him for modification in Arizona. If you want a Gary Reeder variant that "meets spec", he can sell you the starting frame and sell it to you via your local FFL.
 
Jim, I believe that definitively answers my question.

Without a specific reference to single shot capacity, that five-shot-or-higher requirement means single-shot Hand Rifles don't make it despite being plenty big enough. No listing, no dealer sales. T/C is out of luck. Rats. I don't get to buy a Contender or an Encore unless I find someone here who has one they will part with.

However, that means that repeaters, like the latest Remington X-P 100 and the Savage Striker, do in fact qualify for the exemption, at least in some calibers. Both of those guns are based on rifle-sized actions that in their more typical form usually hold 5 rounds. In dinkum calibers like .223, they probably can hold more.

I haven't checked lately, but they have never been on the list any other time I've looked. Both of 'em are on MY acquisition list, though. I was cussing a blue streak when I thought Strikers were going to be unavailable. Now I can just order one, subject to being rich enough. I've always thought Strikers were a good deal, they're a bunch cheaper than Contenders.

This is very interesting. I believe The Industry is unaware of this. I know my dealer is.

I wonder if Savage knows. I haven't seen a Striker for sale here for a long time. With none of the OTHER Hand Rifles being available here except for the somewhat pricy Remington, which is operating under the same mis-apprehension, they could have a monopoly on the rather limited Hand Rifle market.

Of course, that also implies that CalDOJ can easily be bullied into seeing things this way also, a prospect by no means guaranteed.

Thanks, Jim. Once again, you have proved to be Da Man when it comes to stupid PRK laws.

I still need to wade through the DOJ site, so I'm hoping someone'll post a link to it so I don't have to take time off from the Important Gunreading I do here to sift through a stack of Googled-up results to find it.
 
It's also irritating when somebody has a gun for sale, that does qualify for exemption, and they don't want to sell it. I have run into a couple guys who wouldn't sell a gun, even though it was obviously 50+ years old.

I am told that the exemption specifically is only for single action revolvers Contenders and XP's don't qualify, as they are not revos!:fire:

It's a bummer, I would like to have another XP100.
 
I'm not 100% sure that the "SA rules" above are revolver only, but I think that's right. Otherwise, the 1911 would be labeled "SA"...
 
But 1911's are autoloaders, a condition I think is specified in the wording. That's why I want to look at the DOJ site and the text of the law. I'm going to check for a single-shot provision too.

No liink. You people are going to make me work for it. [sigh.]

;)
 
Without a specific reference to single shot capacity, that five-shot-or-higher requirement means single-shot Hand Rifles don't make it despite being plenty big enough. No listing, no dealer sales. T/C is out of luck. Rats. I don't get to buy a Contender or an Encore unless I find someone here who has one they will part with.
You can still buy Contenders and Encores if they are in rifle form.
Have your FFL list the Encore or Contender frame as a "rifle - frame only"
on the Federal 4473 and Calif. paperwork. I bought an Encore from Ed's Contenders in OKC that way. The caveat is that once registered as a rifle, you cannot legally convert your Encore or Contender to pistol form, even if you later move out of CA.

If you want an Encore or Contender pistol though, you are out
of luck in this stupid state, unless you can buy one in a private sale
or are willing to flaunt the law (not worth it IMO).
 
Status
Not open for further replies.
Back
Top