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rssslvr
10-21-2005, 8:03 AM
if a gun is more than 50 years old i can sell it with out a dealer transfer right?
found it sorry

EOD Guy
10-21-2005, 10:56 AM
if a gun is more than 50 years old i can sell it with out a dealer transfer right?
found it sorry

Only if it is a C&R rifle or shotgun.

rssslvr
10-21-2005, 11:13 AM
what makes it C&R rifle or shotgun.just the fact that it is over 50?

stevie
10-21-2005, 11:29 AM
The Federal Gov't deems what is considered C&R, there is a list avaiable that list these firearms regardless of age. California treats all handguns the same requiring a DROS and 10 day wait whether PPT or dealer. Where the C&R comes in is out of state sales. A person can purchase a C&R handgun out of state (in person) bring it back into the state and fill out a form and send to DOJ. C&R long guns over 50 years old can be traded person to person in this state with out any paper work, but dealers with a 01 FFL must still complete the DROS and 10 day wait.

C&R long guns can be purchased via mail order using your C&R FFL as long as they are defined legal in this state. No assualt weapons or evil features, etc.etc.

Charliegone
10-21-2005, 11:54 AM
Ok, let me get this straight. Lets say I go to a gun show and get a c&r handgun. I can bring that handgun back in California with of course filling out the paper work. In other words, I do not need the CA hsc to buy the c&r out of state correct? As long as I fill out the paper work it is ok?

stevie
10-21-2005, 12:21 PM
Correct, using your C&R FFL you and purchase a C&R Hand gun out of state bring it back into state with you. Fill out the appropriate form and send it in. Problem is, i went to a couple of gun shows out of state and once finding out i was from good ole California would not sell me the hand gun. Keep in mind that you cannot send that same firearm in the mail back to you, it must travel with you back into the state.

Rob Jones
10-21-2005, 3:06 PM
what makes it C&R rifle or shotgun.just the fact that it is over 50?
According to ATF, any firearm over 50 years old is automatically considered to be a C&R. In addition, ATF has a list of other firearms that are also considered to be C&R. These additional firearms are sometimes younger than 50 years old. For California, a firearm (long gun only) over 50 years old is exempt from the requirement of involving a Type 01 FFL when transferring.

Rob

EOD Guy
10-21-2005, 7:36 PM
According to ATF, any firearm over 50 years old is automatically considered to be a C&R. In addition, ATF has a list of other firearms that are also considered to be C&R. These additional firearms are sometimes younger than 50 years old. For California, a firearm (long gun only) over 50 years old is exempt from the requirement of involving a Type 01 FFL when transferring.

Rob

There is an exception to the 50 year rule. Military firearms have to be in original configuratrion.

EOD Guy
10-21-2005, 7:38 PM
Ok, let me get this straight. Lets say I go to a gun show and get a c&r handgun. I can bring that handgun back in California with of course filling out the paper work. In other words, I do not need the CA hsc to buy the c&r out of state correct? As long as I fill out the paper work it is ok?


Only if you have a C&R FFL. If you are unlicensed, you cannot purchase firearms outside California.

EOD Guy
10-21-2005, 7:40 PM
C&R long guns can be purchased via mail order using your C&R FFL as long as they are defined legal in this state. No assualt weapons or evil features, etc.etc.

As long as they are over fifty years old.

Charliegone
10-21-2005, 8:11 PM
I see. Thanks.

Mssr. Eleganté
10-22-2005, 1:01 AM
Originally Posted by EOD Guy
If you are unlicensed, you cannot purchase firearms outside California

Don't you think it would be legal for an unlicensed Californian to purchace a 50 year old C&R long gun while out of state if he purchased it from an FFL Dealer or Collector at their licensed premises?

Purchasing a long gun out of state is legal for non-licensees under Federal law if they purchase it at a licensee's licensed premises and if the transaction is legal in both states.

Purchasing a C&R long gun over 50 years old without going through a California FFL Dealer and without a DROS is legal under California law as long as neither party is a California Licensed Firearms Dealer.

Out of state FFL's are not California Licensed Firearms Dealers, and so are not required to DROS 50 year old C&R long guns.

That is my take on it anyway. What are your thoughts?

EOD Guy
10-22-2005, 6:36 AM
Don't you think it would be legal for an unlicensed Californian to purchace a 50 year old C&R long gun while out of state if he purchased it from an FFL Dealer or Collector at their licensed premises?

Purchasing a long gun out of state is legal for non-licensees under Federal law if they purchase it at a licensee's licensed premises and if the transaction is legal in both states.

Purchasing a C&R long gun over 50 years old without going through a California FFL Dealer and without a DROS is legal under California law as long as neither party is a California Licensed Firearms Dealer.

Out of state FFL's are not California Licensed Firearms Dealers, and so are not required to DROS 50 year old C&R long guns.

That is my take on it anyway. What are your thoughts?

I've had the same thought and agree with you that the purchase would be legal under California law. The problem might be getting a dealer in another state to agree. It would be interesting to hear about any such purchase attempts. I know that most Nevada and Arizona dealers are paranoid about dealing with California residents.

Mike
10-22-2005, 7:06 AM
I know that most Nevada and Arizona dealers are paranoid about dealing with California residents.

When I was still in Kali, I'd gone to Vegas a couple times, both times still with my FL license. I would have been fine to be able to purchase a long gun after NICS check--however CA is a "red" state, meaning they (FFL's) will not sell to CA residents. There is a map everywhere (outside of CA perhaps), even in the wally worlds here in NC, detailing which states (residents) may purchase firearms after instacheck.

Kinda like going hunting out of state, seeing a killer deal or rifle you always wanted, and being able to buy it right then and there with no hassles.

It is much different once you get out of CA.

Rascal
10-23-2005, 6:46 PM
I've had the same thought and agree with you that the purchase would be legal under California law. The problem might be getting a dealer in another state to agree. It would be interesting to hear about any such purchase attempts. I know that most Nevada and Arizona dealers are paranoid about dealing with California residents.

I wondered about that too. I saw a really nice Russian SKS at the Big Reno Gun show, made in 1950 could I buy it legally?

Mssr. Eleganté
10-23-2005, 8:26 PM
You could buy it legally if it was being sold by a Licensed Dealer or Licensed Collector from Nevada and you did the transfer at their licensed premises.

The law allows Licensed Dealers to consider a gun show in their own state as part of their licensed premises, but not so for Licensed Collectors.

So if the SKS was being sold at the show by a Licensed Dealer from Nevada, you could buy it at the show. If it was being sold at the show by a Licensed Collector from Nevada, you would have to go back to his licensed premesis (most likely his home) to do the transfer. If it was being sold by anybody else at the show, it would be illegal for you to buy it.

saki302
10-23-2005, 10:07 PM
Sounds like you need to get your C&R already :)

$30 and a few papers for 3 years!

-Dave

EOD Guy
10-24-2005, 7:43 AM
I wondered about that too. I saw a really nice Russian SKS at the Big Reno Gun show, made in 1950 could I buy it legally?

Yes, from a Nevada dealer, if it was over 50 years old or if you have a C&R FFL. Good luck in convincing the dealer though.