--------------------------------------------------------------------------------
I just purchased, via trade, a SW1911. When DROSSing at my local FFL, I noticed that the California DOJ classified the 1911 as a C&R. I understand that I can't California C&R a firearm that is less that fifty years old.
Can I pickup a 1911 manufactured over fifty years ago via my C&R? It seems to me that the answer should be "yes".
The California DOJ does not classify any firearms as C&R. They follow the Federal definition in 27CFR. The SW1911 is not C&R.
You cannot purchase any handguns in California unless they are transferred through a dealer. The is no exception for C&R firearms.
Here is a short explanation of the California C&R regulations.
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”; and 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)]
