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Discussion Starter · #1 ·
Are 38 supers leagal in california? I saw one in a gun store and it said "law inforcement only".
Thanks Longboard
 

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The answer is "it depends". New pistols not on the CA DOJ approved list are not legal for sale to California residents. I believe law enforcement officers are not subject to the same requirements as civilians. See the DOJ website for the list of approved pistols. http://www.ag.ca.gov/firearms/
If the gun is new, check to see if the pistol you are interested in is on the list. I believe the only new .38 Super 1911's on the list are a RIA, Kimber, S&W and Springfield....no Colt's. Used pistols can be transferred from one private party to another and don't have to be on the list. I found a NIB Colt .38 Super last year from a private party and it cost me. For more information I suggest that you go to the DOJ's website and do a little reading.
 

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The short answer is yes. Several are currently available at stores here locally.

I've also seen signs at one gunstore here locally that read "For Law Enforcement Only" in this case it meant a pistol with a 15 round mag. In the same store they had a Colt Combat Commander from 1982 in the "For LEOs Only" cabinet. I asked about it as I had one myself and was looking for a twin they would not let me touch it. I asked if it was a consignment gun. The answer was yes. I was told that because the gun was not on the Ca. list it could not be sold except to LEOs. The store owner was wrong but I wasn't going to argue with him.

Some store owners are extra careful these days about offending the ATF. If they don't quite understand the law they err on the side of caution.

tipoc
 

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There was one "just posted" at turners as consignment yesterday. It didn't last that long. It was sold right away. $499.00. I am just not sure what they meant by 80% condition. I still would have bought it if I had the chance.
 

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Discussion Starter · #5 ·
Thanks to all of you.
I looked on the Kimber website and did not see any 38 supers. I saw a Colt XSE 38 super about 4 months ago that looked great , but I did not know anything about the 38's.:scratch:
I took my money and bought a Smith 625 45 auto, Darn it!:dope:
Next time I see one I will buy it ..............
Thanks again
Longboard
 

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Longboard, in my humble opinion: MOVE OUT OF CALIFORNIA AS SOON AS POSSIBLE AND INTO THE UNITED STATES OF AMERICA.
 

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I know this is the Colt forum. However, Smith wesson's PC1911 in 38 super is available in calif. I have the .45 and it is excellent.
BAK
 

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38 Supers are legal in California. However, currently dealers currently can't sell 38 Supers to the general public. Reason being is that for a handgun to be sold in California, the handgun needs to be in the DOJ List. The DOJ List is a list of handguns that are eligible to be sold in the state of California. For a complete listing, you could go here to browse through the DOJ List. http://certguns.doj.ca.gov/

Here is a list of Colt handguns that are eligible to be sold in California.



As you could see, no 38 Supers are in the list.

Here is a list of 38 Supers that could be sold in the state of California.


Now, if you could find someone that owns a 38 Super that is not a dealer that lives in the state of California, you could do a private party transfer. Which means that you could buy a gun that is not in the DOJ list. The DOJ list has not been in existence for ever. Many people have guns that are not in the DOJ and are willing to sell. You just got to keep your open for it. I myself bought me 2 Enhanced Colts before they went off the DOJ List. That was back in February of 2005. :)
 

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It is incorrect to state that a Colt .38 Super cannot be sold by a dealer in the state of Calif. I posted above a link to one Ca. dealer with a coule to sell and his listings change regularly. Surf City Firearms out of Huntington Beach also lists the Super. In many cases these are consignment guns but they are here and for sale. To the extant the Colts are rare it is because they are quickly snatched up.

The idiotic laws in Ca. make it harder to get a Colt .38 here. They require that it be submitted to the drop test, etc. for a fee of 5 grand I believe. So Colt does not submit them regularly.

tipoc
 

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Here's a disclaimer from the website that a link was posted to above.

NOTICE:

We can no longer sell certain handguns to Calif. residents which are NOT on the "Approved Handgun" drop-safety list, or exempt from the list. Notable exceptions are "Curios & Relics", all Single-Actions and Olympic-style pistols. Please check the Calif. D.O.J. website for approved models @: www.caag.state.ca.us for complete text.

I believe the dealer can only sell the Colt .38 Supers if they're consignment guns, or otherwise qualify for an exemption as indicated in the disclaimer above. So the new (or like new) .38 Super Colt lightweight XSE currently shown on the website linked to has to be a consignment sale if it's available to CA residents, since it wouldn't qualify for the other exemptions. However, as indicated in the disclaimer, the pistol may not be available to CA residents. I'm sure a call to the dealer would easily clarify that point.​

There is one dealer in southern California who appears to buy new DOJ listed Colt .45 pistols and then put a new Colt .38 Super top end on them. They sometimes show up on gunsamerica for around $2k if I remember correctly....crazy. The last one I saw had a stainless .38 Super XSE top end on a blue frame. I don't know what he does with the .45 top ends and the .38 Super frames.

Furthermore, as of Jan. 2006, in order to qualify for drop testing to get on the CA approved list you need either a loaded chamber indicator (LCI) or a magazine disconnect. Consequently, you won't see any more Colt 1911's added to the list, .38 Super or otherwise. In 2007, CA will require both a LCI and magazine disconnect to get on the list. Colt's representative told me last year that they planned to maintain the current list, but not add features to the pistol that would allow future models qualify. It's too bad that Colt didn't renew the .38 Super Government Model that was on the list until 2004 or early 2005. I believe to renew a listing only costs a few hundred dollars, but I could be wrong.​

Last year, I had Surf City firearms indicate that a Colt .38 Super Elite (btw, a cool .38 Super) qualified for a Curio & Relic exemption. In my opinion, that pistol was in the grey area when looking at the pistols that are on the C&R list, which is a Federal list. I passed on the pistol primarily since the CA DOJ wouldn't help with the clarification and I couldn't be sure how my local FFL would have interpreted the C&R status. Plus, according to others more knowledgeable than I, there were a few inconsistencies with the way the pistol was represented.​
 
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