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[SI] New Mandate: "For Sale"



 
 
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Old September 18th 13, 11:29 AM posted to rec.photo.equipment.35mm,rec.photo.digital
J. Clarke[_2_]
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Default [SI] New Mandate: "For Sale"

In article 2013091718524111272-savageduck1@REMOVESPAMmecom,
says...

On 2013-09-17 18:38:55 -0700, "J. Clarke" said:

In article , tonycooper214
@gmail.com says...


Stores that sell guns in Florida are required to conduct background
checks. Not to worry, though, if you don't think you will pass. Just
go to a flea market and buy a gun. Don't want to wait until the
weekend for the flea market? Look on Craigslist and buy one today.
No background checks required by either seller.


Which is the general exception for private sales, which is a nod to the
reality that there is no practical way to police private sales of
firearms. When Grandpa kicks it and Grandma wants to get rid of his
guns, she's not going to consult a lawyer to find out that she has to do
background checks. That's the reality that Congress was dealing with,
and making a criminal out of Grandma is a political non-starter.


In California all firearms transactions have to be conducted through a
dealer. Private sales must be facilitated by a dealer, the ten day
waiting period and background check is mandatory.


That's fine. How do they enforce it? You can pass a law that says that
all dogs are now cats but that won't make it so.

"In California, only licensed California firearms dealers who possess a
valid Certificate of Eligibility (COE) are authorized to engage in
retail sales of firearms. These retail sales require the purchaser to
provide personal identifier information for the Dealer Record of Sale
(DROS) document that the firearms dealer must submit to the DOJ. There
is a mandatory 10-day waiting period before the firearms dealer can
deliver the firearm to the purchaser. During this 10-day waiting
period, the DOJ conducts a firearms eligibility background check to
ensure the purchaser is not prohibited from lawfully possessing
firearms. Although there are exceptions, generally all firearms
purchasers must be at least 18 years of age to purchase a long gun
(rifle or shotgun) and 21 years of age to purchase a handgun (pistol or
revolver). Additionally, purchasers must be California residents with a
valid driver?s license or identification card issued by the California
Department of Motor Vehicles.
Generally, it is illegal for any person who is not a California
licensed firearms dealer (private party) to sell or transfer a firearm
to another non-licensed person (private party) unless the sale is
completed through a licensed California firearms dealer. A ?Private
Party Transfer? (PPT) can be conducted at any licensed California
firearms dealership that sells handguns. The buyer and seller must
complete the required DROS document in person at the licensed firearms
dealership and deliver the firearm to the dealer who will retain
possession of the firearm during the mandatory 10-day waiting period.
In addition to the applicable state fees, the firearms dealer may
charge a fee not to exceed $10 per firearm for conducting the PPT.
The infrequent transfer of firearms between immediate family members is
exempt from the law requiring PPTs to be conducted through a licensed
firearms dealer. For purposes of this exemption, ?immediate family
member? means parent and child, and grandparent and grandchild but does
not include brothers or sisters. (Pen. Code, § 16720.) Please note that
if the firearm being transferred is a handgun, the transferee must
comply with the Handgun Safety Certificate requirement described below,
prior to taking possession of the firearm. Within
30 days of the transfer, the transferee must also submit a report of
the transaction to the DOJ. To obtain the required report form (Report
of Operation of Law or Intra-Familial Handgun Transaction BOF 4544A),
either contact the DOJ Bureau of Firearms at (916) 227-7527 or download
the form from the DOJ?s website at
http://oag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day
waiting period requirements."


If there is something in there about private sales please trim the rest
and point it out. Cutting and pasting vast quantities of legalese
without isolating the part that supports your argument suggests that you
have not read it, and I can't be assed to wade through it to see if you
actually found something relevant.

 




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