BASIC STATE OF CALIFORNIA

C & R GUIDELINES


The following is information I have obtained from the State of California Justice Department during numerous telephone conversations and by attending seminars given by the ATF and California Justice Department and as confirmed by numerous other Class III and Class I's.  Please note that recently, I got information from the DOJ and from their websites that a Class 03 can now purchase C&R handguns, well two weeks later things have changed.  I have been told by the DOJ that I got bad info, and that a Class 03 Can Not directly purchase C&R handguns.  So this page has been updated to reflect this change back.  Following the basic info portion of this page are links to the Justice Department and their firearms websites.  I strongly recommend checking these out.

When you are on California Soil or are receiving via your California address:
    • No Curios (i.e. Winchester reproductions made after 1951).                                                                                                                                                                         
    • Relics are designated as being long guns that are 50 years or older and appear on the Federal listing.   Note, C&R handguns are not considered Curios or Relics and can not be directly purchased with a Class 03 FFL.                                                                                                                                                                           
    • Antiques are as Federal regulations.                                                                                                                                                                         
    • A C&R Class 03 license holder is NOT exempt from the Basic Firearms Safety Certificate (BFSC) when purcahsing Federally listed C&R firearms unless they also have the COE (explained later).                                                                                                                                                                         
    • No 'Assult Weapons', PERIOD.  Even Class I FFLs can not own or deal in Assult Weapons.                                                                                                                                                                         
    • You may purchase a 50 year or older long gun directly from a private individual (includes C&R but NOT FFL Class I individuals acting under their Class I license) with your license.   If you purchase from a business/Class I FFL, you must go through the checking process and waiting period unless you also have the California COE (Certificate of Eligibility).  You can not just Cash and Carry.  Note, Class I FFL dealers located outside of California are considered private individuals.                                                                                                                                                                         
    • If a C&R Class 03 FFL has the COE, they CAN cash and carry a a 50 year or older long gun, an Antique or a Federally listed C&R handgun, from a Class 01 FFL.  An ink signed copy of the C&R FFL and COE are given to the Class 01 at the time of purchase.  Please note, the regulations state that you are exempt from the waiting period and BFSC on handguns, not the DROSing fees.  The firearm is still DROSed, but you don't have to wait for the results,  you are allowd to take the firearm home that day.                                                                                                                                                                         
    • The COE application is as follows (taken from the DOJ web site):  § 983.1. Application for Certificate of Eligibility  (a) Applicant shall complete and submit an application form prescribed by the Department which will require the following information: Name, address, date of birth, driver's license number, telephone number; business information, if applicable, to include business name, primary business address, and business telephone number. The application shall also require additional information requesting responses to questions asking the applicant if he or she: 1) has ever been convicted of a felony or an offense specified in Penal Code Sections 12021, 12021.1, or 12001.6; 2) is a mental patient or on leave of absence from a mental hospital; 3) has ever been adjudicated by a court to be a danger to others, found not guilty by reason of insanity of any crime, or found incompetent to stand trial for any crime, pursuant to Section 8103 of the Welfare and Institutions Code; or 4) is currently under a restraining order.  (b) Applicant shall also submit two current Department fingerprint cards (Form BID-7), with complete sets of fingerprints prepared by the Department, or any other agency which is qualified to provide fingerprinting services. For this purpose the Department shall make applicant fingerprint cards available to local law enforcement agencies at no charge. This subsection does not apply to applications for renewal of a Certificate of Eligibility.  § 984.1. Fees  (a) Each application for a Certificate of Eligibility shall be accompanied by appropriate fees or the application will be returned immediately to the applicant unprocessed.  (b) The appropriate fees are as follows:  (1) Initial Application. Basic processing fee is $17.00 plus a $32.00 fingerprint card processing fee.  (2) Renewal Application. Basic processing fee is $17.00.                                                                                                                                                                         

    The above is for transctions within California or for items being shipped to your California address.   Now if you travel out of California and purchase the firearms outside of California soil, then the rules of the state you are in apply.  In Nevada, you can purchase Curios and pistols.  BUT, when you bring these items back into California, if the firearms are other than an antique or long gun (i.e. pistols), you must fill out a one page form notifying the California Justice Department of the item, but no other fees, etc. apply.

    PLEASE NOTE:  This does not include ASSULT WEAPONS.  Even if they are legally purchased outside of California and are over 50 years old, you can not bring them into California.  Period.

    The rule of thumb in California is:  If in doubt, then a Class I FFL will be needed.

    Good Luck,
    dkleinw



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    Residence: Los Angeles County [near Orange County boarder], California, USA




    Last Updated 10/22/01