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EOD Guy
01-30-2009, 8:47 AM
I know that in normally, in order to retreive a firearm placed on consignment, the owner has to go through a background check and fill out a 4473.

My question is: If the firearm is a curio or relic and the owner has a current C&R FFL, does the requirement for a background check and 4473 still apply?

It is my understanding that the requirement only applies to unlicensed individuals, but I had a dealer tell me otherwise.

Nodda Duma
01-30-2009, 8:55 AM
Yes, it does. The reason being that the FFL01 is actually doing the selling. Ie, it goes from private individual into FFL01's possession while on consignment, and then transfers from FFL01 to buyer. FFL03 is no exception in this case.

The only way around it is if the FFL03 also had a COE.

ok, let me add to this (because I started thinking about what happens in other states). In California, for a C&R longarm, you as an FFL03 still have to fill out the DROS and wait 10 days to pick that up (these are state requirements and C&R's are not exempt when an FFL01 is involved), assuming you don't also have a COE. C&R handguns are similar, but they of course involve HSC and safety check as well if you purchase locally.

What I can't find is if you are required by state law to fill out a 4473 and perform a background check as part of DROS (4473 is a federal form..in most states it's not required if you have an FFL03, according to ATF FAQ's). I just don't have experience with DROS that much because I have a C&R collection and get the rifles from out of state. If you have to do so, then yes. If you aren't required by state law to fill out a 4473 as part of DROS, then no. Regardless, the end result is the same: still have to pay the DROS fee and wait 10 days. In that way, FFL03's buying in-state in CA is pretty much useless w/o a COE (which is expensive if you buy few C&R's per year).

-Jason

FortCourageArmory
01-30-2009, 9:20 AM
If the firearm on consignment is a C&R gun and the consignee has an 03 FFL and a CA COE, they still fill out the DROS paperwork and a 4473. But, they take possession of the firearm same day just as if they were purchasing a C&R gun from an 01 FFL. Without a COE, the consignee does the paperwork and waits their 10 days like everyone else. Make sense?

Nodda Duma
01-30-2009, 9:44 AM
If the firearm on consignment is a C&R gun and the consignee has an 03 FFL and a CA COE, they still fill out the DROS paperwork and a 4473. But, they take possession of the firearm same day just as if they were purchasing a C&R gun from an 01 FFL. Without a COE, the consignee does the paperwork and waits their 10 days like everyone else. Make sense?

Does that imply that filling out 4473 is a state requirement as part of the DROS process? From what I've read, once you have a C&R you are not required to fill out a form 4473 if you use your license for a C&R purchase (assuming you live outside of CA)...even at your local dealer.

-Jason

EOD Guy
01-30-2009, 5:37 PM
If the firearm on consignment is a C&R gun and the consignee has an 03 FFL and a CA COE, they still fill out the DROS paperwork and a 4473. But, they take possession of the firearm same day just as if they were purchasing a C&R gun from an 01 FFL. Without a COE, the consignee does the paperwork and waits their 10 days like everyone else. Make sense?

No. it doesn't make sense. If I purchase a C&R FIrearm from a dealer, the DROS is required but I don't have to fill out a 4473. That form is only used in transfers to unlicensed individuals. The requirement for filling out a 4473 when picking up a pawned or consigned firearm is strictly a Federal requirement for unlicensed individuals. I can't find anything in the California Penal Code requiring a DROS. I don't think a 4473 is mentioned in any California laws.

This sounds like I'll have to send another letter to BATF for clarification.

Just for clarification, I'm talking about the same licensed individual who consigned the firearm retreving the same firearm.