Advise from the CA DOJ? Puhleeze…

Just kidding.  The folks answering the phone weren’t too bad and were able to provide me the related language I needed to research information on how to go about reviewing firearms from manufacturers.  Key word?  Consultant-evaluator.

I AM NOT AN ATTORNEY.

With a valid Certificate of Eligibility, photo ID, a letter from importer, manufacturer or dealer verifying a business relationship, and my signature stating the date the firearm being accepted and the last day the firearm will be returned, I can do reviews of pistols and rifles that do not violate the ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989 without a 10 day waiting period, that are not on the handgun safety list (GLOCK gen4, Ruger LCP, etc), and without a DROS or DROS fees for a maximum of 45 days.  BOOYAH.

Reasoning behind CA AB 854 2007,

Current California law does not allow a firearms manufacturer to loan a firearm to any person for the purpose of evaluating, studying, or testing a firearm. State law does not provide an exception to the retail transaction procedures required for individuals not engaging in the business of firearms sales, including but not limited to the one-handgun-a-month requirements, the Unsafe Handgun Act, and the Assault Weapons Act.

AB 854 aligns California law to Federal law (Rev. Rule 69-248, and Industry Circular 72-23) and thereby allows manufacturers to loan firearms in California to persons that meet the criteria of an evaluator-consultant.

Evaluator-consultant refers to professional writers, consultants and evaluators who in the course of their professions acquire firearms from a licensee for research or evaluation.

Evaluator-consultants must possess a valid certificate of eligibility (with a fingerprint based background check that must be renewed annually), and will be loaned the firearm for a maximum of 45 days.

All transactions must be run through a state licensed dealer.

It is the intent of this bill to create a similar procedure under California law that will allow a firearm to be loaned to an evaluator or consultant without transferring title of the firearm and without requiring the transaction be processed through DOJ as a sale.

As stated in PC § 12073(b)(11):
This section [As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer (Dealer Record of Sale) in which shall be entered the information prescribed in Section 12077.] shall not apply to … “The loan of an unloaded firearm by a dealer to a consultant-evaluator, if the loan does not exceed 45 days from the date of delivery of the firearm by the dealer to the consultant-evaluator.”

12132(j)(k)(l) This [Handgun Safety List/Unsafe Handguns] chapter shall not apply to… (j) “the delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator”, (k) “the delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator,” or (l) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 where it was initially delivered pursuant to subdivision (k).”

12078(s)(4) Subdivision (b) of Section 12071 [CA dealer protocols], subdivision (c) [10 day waiting period] and paragraph (1) of subdivision (f) of Section 12072 [dealer verification # from out-of-state], and subdivision (b) of Section 12801 [handgun safety certificate] shall not apply to the loan of an unloaded firearm to a consultant-evaluator by a person licensed pursuant to Section 12071 if the loan does not exceed 45 days from the date of delivery. At the time of the loan, the consultant-evaluator shall provide the following information, which the dealer shall retain for two years:
(A) A photocopy of a valid, current, government-issued identification to determine the consultant-evaluator’s identity, including, but not limited to, a California driver’s license, identification card, or passport.
(B) A photocopy of the consultant-evaluator’s valid, current certificate of eligibility.
(C) A letter from the person licensed as an importer, manufacturer, or dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, with whom the consultant-evaluator has a bona fide business relationship. The letter shall detail the bona fide business purposes for which the firearm is being loaned and confirm that the consultant-evaluator is being loaned the firearm as part of a bona fide business relationship.
(D) The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned.

Chapter 44 (commencing with Section 921) of Title 18 of the United States Code
(9) The term “importer” means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term “licensed importer” means any such person licensed under the provisions of this chapter. [American Tactical Imports, Russian American Amory Company, etc.]
(10) The term “manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term “licensed manufacturer” means any such person licensed under the provisions of this chapter. [Ruger, Sig Sauer, GLOCK, Tactical Solutions, etc.)
(11) The term “dealer” means
(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter. [Golden State Tactical, etc.]

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Categories: Firearms, Guns

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2 Comments on “Advise from the CA DOJ? Puhleeze…”

  1. October 7, 2010 at 2:12 pm #
  2. October 7, 2010 at 2:13 pm #

    [bows to obviously superior being]

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