California C & R
It is my understanding that, notwithstanding the BATFE list of C & R guns, the gun must be 50 years old to be C & R in California. I am particularly interested in this provision as it relates to Winchester Commemoratives. I would appreciate it if someone could quote "chapter and verse" from California law. Thanks.
Pete
"Be kind to your neighbor, he knows where you live"
Pete
"Be kind to your neighbor, he knows where you live"
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I absolutely loved the weather in California. I did not miss the snow or cold for 6 years.
I will never miss the stupid drivers, the long commutes, and the ignorant regulations - on EVERYTHING. It is one thing to be a trendsetter, but another to thumb your nose just to be different.0 -
quote:Originally posted by PJ
It is my understanding that, notwithstanding the BATFE list of C & R guns, the gun must be 50 years old to be C & R in California. I am particularly interested in this provision as it relates to Winchester Commemoratives. I would appreciate it if someone could quote "chapter and verse" from California law. Thanks.
Pete
"Be kind to your neighbor, he knows where you live"
California uses the same definition for a C&R firearm as the BATF does. Penal Code Section 12078(t)(1) refers to a curio and relic firearm as one that is defined in Section 178.11 (now 478.11) of 27CFR. This is the definitions section of the Federal regulation. If the Feds say it's C&R, so does the State of California.
Where the confusion comes in is that California requires that all firearms transfers be conducted through a licensed California dealer. There is no exemption for C&R FFL holders. There is, however, an exception for C&R rifles and shotguns that are over 50 years old [PC 12078(t)(2)]. It makes no difference if you have a C&R license or not, the exemption is available to anyone eligible to possess firearms. C&R handguns, and C&R rifles and shotguns less than 50 years old, are still considered C&R by California, but they have to be transferred through a Type 01 dealer. The exemption in the Penal Code is the reason that C&R FFL holders can directly receive 50 year old rifles and shotguns from out of state. California doesn't care if you are licensed or not. They consider that a Federal matter.
California law does allow a Type 03 (C&R) FFL holder to bypass the 10 waiting period when purchasing any C&R firearm from a dealer if the individual also has a certificate of eligibility (COE) from the California DOJ [PC1208(t)(1)]. Possession of both also exempts you from the one handgun a month regulation for both C&R and modern handguns [PC 12072(a)(9)(B)].
A C&R FFL holder may also purchase any C&R firearm while out of state and bring them back to California, except for those "evil assault weapons". Handguns must be registered within 5 days on DOJ Form BCIA4100 along with a check to the DOJ for $19.00. No COE is required out of the state.
I hope this helps clarify thing at least a little bit.0 -
How does one get a C&R license???What occurs during the process? Does anyone know about San Francisco-specific gun laws? 0 -
Joeseller, go to the BATF web site. There are pages there explaining the C&R licensing process. You can get the forms from the regional BATF offices. It is pretty simple really, fill out the form, certify that possesing a C&R in your location (place of residence usually, which can be affected by zoning ordinances, and perhaps other state and local laws) does not violate local or state laws, and send a copy of a letter to the local chief of police or sheriff depending on where you live, urban or rural, and as I recall there is also a form whereon you certify that you are not an illegal alien. Send along $30 and wait anywhere from about 2 to 8 months and it will come in the mail along with all the regulations, state laws the C&R lists and even a purchase record. Then you go to Brownell's website and buy yourself a real bound book to record your purchases (and sales, should you ever be so rash and ill advised as to sell one). 0
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