C&R transfer question [Archive]

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bootcamp

07-02-2009, 10:57 AM

Hi,

I have a Mosin Nagant 91/30 that I want to list in the classifieds. Under CA law, how can I legally transfer it to another private party? Would I have to go to a FFL? Can I cash & carry? When I obtained this rifle, it was shipped to my FFL and I had to pay the out of state DROS fees for it. I am NOT a C&R FFL license holder.

Thanks in advance.

Erik

paul0660

07-02-2009, 11:20 AM

You can sell the rifle to any California resident who is not prohibited from possessing firearms. You have to be reasonably sure that both those requirements are met. Get a copy of DL with street address and a statement from the buyer that he/she is not prohibited. You can mail the rifle or ftf.

Btw had you been a C&R holder when you bought it you could have had it shipped to your door. C&R is no help in California transfers, only in interstate transfers of C&R firearms. A California resident who can supply a copy of a C&R to you is probably not a prohibited person however......but that is not guaranteed.

aermotor

07-02-2009, 11:21 AM

I thought you needed to at least have a C&R or be selling to someone with a C&R? Maybe not though.

greyhd

07-02-2009, 11:24 AM

Cash and Carry is fine for 50yr old long guns in CA. You legally can ship it to another CA resident if you wanted.

Buyer needs to legally able to own the firearm, you can request a copy of the buyers CA lic. but that is not required either.

paul0660

07-02-2009, 11:24 AM

I thought you needed to at least have a C&R or be selling to someone with a C&R? Maybe not though.

Only across state lines. If the rifle is 50+ years old, it does not have to go through any FFL, 01 or 03.

bootcamp

07-02-2009, 01:32 PM

Nodda Duma

07-02-2009, 07:16 PM

ok, other than a background check, how on earth can I know they can legally buy or own a curio.

I would hate to meet up with some guy to sell the mosin and he turns out to be some tatted out lookalike thug on a harley and then decide I won't sell to him because I 'feel' he's got felonies... I don't even want to get into the idea of profiling...

You're right, you can't tell by looking at a person whether or not they are a felon. The best you can do is have them sign a sworn statement that they can legally possess a firearm and get a copy of their driver's license to verify age and residency. That's the best you can do, and it would hold up in a court of law. Heck, even that is not required and you would still be fine. You followed the law as best you could. Remember, a background check isn't required on a private party transfer of a C&R longarm. If he lies, well then the crime is on him.

-Jason