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View Full Version : why are curio Transaction Exempt from CFLC? someone check my work please


Anthonysmanifesto
02-01-2009, 1:41 PM
some vendors, and auction sites seem to be shy to ship to a CR FFL 03.

Some have sited this new CFLC program.

How do we convince them other wise?

The CFLC issue is exempted here 12078 (t) (2):

Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor. Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

It is exempting two things here: one is the Requirement to use an FFL 01: (d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

and the other is the CFLC :
(f) (1) (A) Commencing July 1, 2008, a person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code may not deliver, sell, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code unless, prior to delivery, the person intending to deliver, sell, or transfer the firearm obtains a verification number via the Internet for the intended delivery, sale, or transfer, from the department. If
Internet service is unavailable to either the department or the licensee due to a technical or other malfunction, or a federal firearms licensee who is located outside of California does not possess a computer or have Internet access, alternate means of communication, including facsimile or telephone, shall be made available for a licensee to obtain a verification number in order to
comply with this section. This subdivision shall not apply to the delivery, sale, or transfer of a short-barreled rifle, or
short-barreled shotgun, as defined in Section 12020, or to a machinegun as defined in Section 12200, or to an assault weapon as defined in Sections 12276, 12276.1, and 12276.5.

I welcome any and all feedback - am I missing something to have a lawful door to door transaction in a CR long gun into California?

hoffmang
02-01-2009, 3:09 PM
That looks correct to me.

-Gene

Saigon1965
02-01-2009, 3:15 PM
That's it there - Some don't understand completely and are using the phrase "no to CA" because of misinformation -

Nodda Duma
02-01-2009, 9:19 PM
You're preaching to the choir here. Would be nice to get an article into a publication with wide circulation, like American Rifleman or Shotgun News. Everyone can associate with "united we stand, divided we fall" kind of points, plus the business generated by Californians, and then a clear explanation of the law with quoted references. That might make for a good article.

-Jason

swhatb
02-02-2009, 11:39 AM
good post