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View Full Version : Shipping to Third Party 03 FFL???


Nihonto Chicken
09-17-2009, 1:22 PM
An out-of-state party is interested in buying a C&R bare rifle receiver from me. I know I need to ship this to an FFL in his state. The buyer inquired via email if an 03 FFL would be okay as a receiving party. I responded that if he personally was an 03 FFL holder, then I could ship directly to him, otherwise I would need to ship to an 01 FFL holder. I haven't heard back yet, but in looking at the documentation as required in the Firearms Acquisition and Disposition Record, it would appear that if an 03 FFL holder wants to receive the firearm for him, then there is nothing to flag this, and it's no skin off me, the receiving 03 FFL holder is taking all the risk. Is this a correct read on the situation? As a quite new 03 FFL holder myself, I don't want to break or even dent the law (even if it's okay to ship to a third party 03 FFL holder, I might not want to do it, it's kinda getting around the original intent of the C&R FFL, wouldn't it seem?). What do you experienced FFL holders think?

1. Is it okay to ship a C&R to an out-of-state 03 FFL holder if you know or suspect that he is in fact not the real buyer? :confused:

2. Can a bare receiver be sent through the USPS, or does it have to go UPS/FedEx (overnight?)?

TIA for all responses!

M. D. Van Norman
09-17-2009, 2:10 PM
No, not in good conscience, though it is the out-of-state collector who is abusing his license.

Yes, longarms are fine for USPS, at least for FFLs. Handguns are the no-no.

TRICKSTER
09-17-2009, 8:44 PM
"bare rifle receiver" does not qualify for a C&R 03 transaction. It has to be a complete firearm.

From ATF,
"The definition for curio or relic (“C & R”) firearms found in 27 C.F.R. 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon."