Quoted: Here is a short clarification on the C&R regulations in California. The references are to the California Penal Code.
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”. Also, 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)]
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Ok, now I'm more confused again. Actually I read this before and was confused, thats why I brought the question up.
"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 sentence screwed me up... if a long gun is over 50, its C&R, correct? And all C&R long guns are over 50? And there's no difference if it's 50 or 100 years old or any other number? No other age classification? It sounds like this sentence, in trying to clarify, confused me. Could I sum it up like this?
"To be C&R, a long gun has to be 50 (or +) years old. If the transfer is through a private party or from out of state, all C&R long guns can skip going to a dealer for the transfer, can skip DROS fees, and can skip the waiting period. If it's from a dealer in CA, you can skip the DROS, but not the 10-day wait unless you have a COE, then you can also skip the wait."
Another hypothetical: It sounds to me like if I call up some place out of state selling Springfield 03s and fax em a copy of my C&R, they can drop one onto the UPS truck and I get it 3 days later, and it's done.