Quoted: Ok, I THOUGHT that Handguns were required to be shipped to an FFL and needed to have a waiting period which is why we can't have C&R handguns shipped straight to us C&R holders (the only exception being when we are importing them ourselves).
So after looking I found the section on the 10 day exception to C&R and COE holders (I swear I read that the 10 days still applies to handguns but still can't find it). But I can't find ANYTHING on the handguns shipped to us. In fact, it says that anyone who causes to be imported an unsafe handgun commits a crime, but it lists handguns that are C&R as excepmtions. So why again can't we have pistols mailed straight to us?
I also noticed something niffty: We can't make 80% handguns because they are unsafe, but under section 3 of that paragraph it says it doens't apply to C&R handguns. So does that mean a handgun that is a C&R by model would ok to manufacture?
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It is not illegal to import a so called "unsafe handgun". It is illegal to import one for
sale.
C&R Handguns cannot be shipped directly to a C&R FFL holder because California law requires that all firearms transfers be made through a dealer, with a few exceptions.
It is impossible to make a C&R firearm. Reproductions of C&R firearms are not C&R.
Here is a short synopsis of the California C&R rules.
There is a lot of confusion around concerning the California regulations on C&R Firearms. The first thing to remember is that California, with few exceptions, requires all firearms transfers in the state to be processed through a dealer [Penal Code 12072(d)]. There is no exception for C&R FFL holders. There is however, an exception to the dealer transfer requirement for C&R rifles and shotguns that are over 50 years old. [PC 12078(t)(2)] This exception is available to anyone legally able to possess firearms. California doesn’t care if you are licensed or not, that’s a Federal matter. The 50 year rifle and shotgun exception is the reason that C&R FFL holders in California can receive these types of firearms directly from an out of state supplier.
The California definition for a C&R firearm is exactly the same as that used by BATF in 27CFR. California references both Title 18 and 27 CFR for the definition. If the Feds say a firearm is C&R, so does the California DOJ.
There are a couple of exceptions to the firearms laws that are available to C&R FFL holders. If the licensee also holds a Certificate of Eligibility (COE) from the California DOJ, they are exempt from the 10-day waiting period when buying C&R firearms from a dealer. [PC 12078(t)(1)] The same C&R FFL holder with a COE is also exempt from the one handgun a month law for both C&R and modern handguns. [PC 12072(a)(9)(B)] You also would not need a handgun safety certificate when purchasing C&R handguns. [PC 12807(a)(6)]
Where the C&R FFL comes in handy is when the holder is out of the state. They may purchase any C&R firearm and bring it back to California. The exceptions of course include those “evil” “assault weapons”; and magazines with a capacity greater than 10 rounds cannot be brought back. Any C&R handguns purchased must be registered with the California DOJ within 5 days and are reported on Form BCIA 4100A along with a $19.00 payment for each handgun. [PC 12072(f)(3)]