Question about a rejection for 30 day firearm sale

preaged1311 · January 6, 2016, 06:02 AM

Hello, I wonder if anyone has some info or ever had this experience. I purchased a Bersa firestorm .380 on 12/29/2015 here in Ca. But what I realized after I made the purchase that I bought a Kimber Custom II on 12/02/2015 and was less than 30 days prior to buying the firestorm. So my background check was rejected on the premise that it was too early to file a new background due to the 30 day waiting period of one gun per month.

Now to make things worse, the Bersa firestorm has been taken off the CA roster list. Am I screwed here? Can I re-apply for another background check after the 30 day waiting period? I paid cash for the gun and it's paid in full. I would be willing to pay for the fees for a new background check if that is what needs to be done. I don't feel real hopeful about this. Man, CA laws.:confused.

preaged1311

kilimanjaro · January 6, 2016, 11:24 AM

Pretty wimpy law if you can schedule the checks around it, makes it just a waiting period.

Better talk to your vendor.

**Frank Ettin** · January 6, 2016, 12:26 PM

It's been the law in California since 2000 that one may buy only one handgun n 30 days.

California firearms laws can be confusing, and they are very restrictive. Anyone in California owning firearms or interested in owning firearms needs to become familiar with those laws or he might well be in for some nasty surprises.

The Calguns Forum and the Calguns Wiki are good sources for California specific information.

preaged1311 · January 6, 2016, 06:15 PM

Well, I guess I got lucky. It seems that the Bersa manufacture put it back up on the 2016 roster. All I have to do now is pay for another DROS and wait another 10 days. But I do agree with everyone that replied here that I need to get more informed about my rights as a gun owner.
martinbr

tangolima · January 7, 2016, 02:08 AM

Private sales are exempt from the one-handgun-per-month restriction.

-TL

Sharkbite · January 7, 2016, 05:50 AM

Quote:

Private sales are exempt from the one-handgun-per-month restriction.

How does that work? They still have to go thru a FFL and have a Background check and waiting period...dont they?

Dreaming100Straight · January 7, 2016, 01:30 PM

A California Private Party Transfer is done face to face between two California residents through a FFL, who runs the DROS (Dealers Report of Sale) through the California Department of Justice. The 30 day per handgun limit does not apply and neither does the California Roster. The DROS requires you to wait a minimum of 10 days before you can pick your gun up; 30 if the DOJ screws up the background check and cannot determine if you are or are not a prohibited person. If your status is undetermined at the end of 30 days, your FFL may or may not decide to deliver. If it decides not to deliver, it may keep a restocking fee and what and how much it may keep is a matter of contract.

Like Ettin said, California firearms law can be confusing, are very restrictive, and may hold some nasty surprises.

tangolima · January 7, 2016, 03:38 PM

Yeah that's how it works. It could be confusing and even silly. Restrictive? It is, but not the worst. Try NY, NJ, or MA. CA is nothing compared to over there.

-TL

Sharkbite · January 7, 2016, 03:40 PM

Thanks for the clarification. I would have assumed ANY sale that was DROS'd would be counted into the 30day wait

2ndsojourn · January 7, 2016, 04:41 PM

"Try NY, NJ, or MA. CA is nothing compared to over there."

Whoa...hold the phone there tl.! NJ is bad, but trust me, but once you have your FOID card it's nowhere near as bad as CA. Yeah, we have a 30 day wait between handgun purchases, but there's no waiting period for pick-up or any retarded roster, or 10 round limit for magazines. (yet). And FTF between private parties is still OK without an FFL.

tangolima · January 7, 2016, 11:02 PM

Don't they need to have some sort of permit before buying each handgun? OK, better or worse, it is subjective. Point is CA is certainly not the worst, I don't think.

-TL

2ndsojourn · January 8, 2016, 12:00 PM

Yeah, we need a permit to purchase a handgun, and the process sucks because you have to spend a few bucks and they take their time issuing it. But there are other states too that require a permit to purchase a handgun. Some more onerous than here, some less.

johnwilliamson062 · January 10, 2016, 10:35 AM

My state is more free than your state!

January 6, 2016, 06:02 AM	#1
preaged1311 Junior Member Join Date: October 14, 2015 Posts: 3	Question about a rejection for 30 day firearm sale Hello, I wonder if anyone has some info or ever had this experience. I purchased a Bersa firestorm .380 on 12/29/2015 here in Ca. But what I realized after I made the purchase that I bought a Kimber Custom II on 12/02/2015 and was less than 30 days prior to buying the firestorm. So my background check was rejected on the premise that it was too early to file a new background due to the 30 day waiting period of one gun per month. Now to make things worse, the Bersa firestorm has been taken off the CA roster list. Am I screwed here? Can I re-apply for another background check after the 30 day waiting period? I paid cash for the gun and it's paid in full. I would be willing to pay for the fees for a new background check if that is what needs to be done. I don't feel real hopeful about this. Man, CA laws.:confused. preaged1311

January 6, 2016, 12:26 PM	#3
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	It's been the law in California since 2000 that one may buy only one handgun n 30 days. California firearms laws can be confusing, and they are very restrictive. Anyone in California owning firearms or interested in owning firearms needs to become familiar with those laws or he might well be in for some nasty surprises. The Calguns Forum and the Calguns Wiki are good sources for California specific information. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

January 6, 2016, 06:15 PM	#4
preaged1311 Junior Member Join Date: October 14, 2015 Posts: 3	Question about a rejection for 30 day firearm sale Well, I guess I got lucky. It seems that the Bersa manufacture put it back up on the 2016 roster. All I have to do now is pay for another DROS and wait another 10 days. But I do agree with everyone that replied here that I need to get more informed about my rights as a gun owner. martinbr

January 7, 2016, 01:30 PM	#7
Dreaming100Straight Senior Member Join Date: February 3, 2013 Posts: 1,235	A California Private Party Transfer is done face to face between two California residents through a FFL, who runs the DROS (Dealers Report of Sale) through the California Department of Justice. The 30 day per handgun limit does not apply and neither does the California Roster. The DROS requires you to wait a minimum of 10 days before you can pick your gun up; 30 if the DOJ screws up the background check and cannot determine if you are or are not a prohibited person. If your status is undetermined at the end of 30 days, your FFL may or may not decide to deliver. If it decides not to deliver, it may keep a restocking fee and what and how much it may keep is a matter of contract. Like Ettin said, California firearms law can be confusing, are very restrictive, and may hold some nasty surprises. Last edited by Dreaming100Straight; January 7, 2016 at 01:43 PM.

January 6, 2016, 11:24 AM	#2
kilimanjaro Senior Member Join Date: November 23, 2009 Posts: 3,963	Pretty wimpy law if you can schedule the checks around it, makes it just a waiting period. Better talk to your vendor.

January 7, 2016, 02:08 AM	#5
tangolima Senior Member Join Date: September 28, 2013 Posts: 3,825	Private sales are exempt from the one-handgun-per-month restriction. -TL

January 7, 2016, 03:38 PM	#8
tangolima Senior Member Join Date: September 28, 2013 Posts: 3,825	Yeah that's how it works. It could be confusing and even silly. Restrictive? It is, but not the worst. Try NY, NJ, or MA. CA is nothing compared to over there. -TL

January 7, 2016, 03:40 PM	#9
Sharkbite Senior Member Join Date: November 4, 2013 Location: Western slope of Colorado Posts: 3,679	Thanks for the clarification. I would have assumed ANY sale that was DROS'd would be counted into the 30day wait

January 7, 2016, 04:41 PM	#10
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	"Try NY, NJ, or MA. CA is nothing compared to over there." Whoa...hold the phone there tl.! NJ is bad, but trust me, but once you have your FOID card it's nowhere near as bad as CA. Yeah, we have a 30 day wait between handgun purchases, but there's no waiting period for pick-up or any retarded roster, or 10 round limit for magazines. (yet). And FTF between private parties is still OK without an FFL.

January 7, 2016, 11:02 PM	#11
tangolima Senior Member Join Date: September 28, 2013 Posts: 3,825	Don't they need to have some sort of permit before buying each handgun? OK, better or worse, it is subjective. Point is CA is certainly not the worst, I don't think. -TL

January 8, 2016, 12:00 PM	#12
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	Yeah, we need a permit to purchase a handgun, and the process sucks because you have to spend a few bucks and they take their time issuing it. But there are other states too that require a permit to purchase a handgun. Some more onerous than here, some less.

January 10, 2016, 10:35 AM	#13
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	My state is more free than your state!