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View Full Version : No FFL needed? Cash and Carry?


1911 crazed
12-23-2009, 1:55 PM
I thought not to long ago that if you purchase a firearm that is "xxx" years old you did not have to do any paper work or background check? Is this true? How old does the gun need to be in order to just purchase cash and carry?

Please let me know if I am way off, but I thought you could do this if the gun was older then ....... I dont know the dates or years can anyone answer this?
I have been thinking about this since I read a post here but I have no clue on the answer.

let me know.

pullnshoot25
12-23-2009, 2:07 PM
If it is a non-prohibited long gun that is at least 50yrs old, you can cash and carry.

I just did that two days ago :)

1911 crazed
12-23-2009, 2:10 PM
So if it is like some old rifle/long gun over 50 years old you can cash and carry? That is way cool. I would love to grab some old lever action, can you do this at gun stores? Or does it need to be private party? Gun show?
Or can you only do this person to person? Any laws to watch out for when doing this?

chiefcrash
12-23-2009, 2:15 PM
So if it is like some old rifle/long gun over 50 years old you can cash and carry? That is way cool. I would love to grab some old lever action, can you do this at gun stores? Or does it need to be private party? Gun show?
Or can you only do this person to person? Any laws to watch out for when doing this?

It only applies from non-FFL to non-FFL, and both must be CA residents. Guns coming from a dealer's inventory still have to go through DROS and 10 day wait...

pullnshoot25
12-23-2009, 2:17 PM
It only applies from non-FFL to non-FFL, and both must be CA residents. Guns coming from a dealer's inventory still have to go through DROS and 10 day wait...

Thank you for the clarification, I forgot those subtleties. :)

1911 crazed
12-23-2009, 2:23 PM
OK guys thanks for helping me on my question.

Gun must be 50 years or older.
Only non-FFL to non-FFL must both be CA residents.
Long guns only.

I got it, thanks very much.

TaxAnnihilator
12-23-2009, 2:28 PM
Now just head over to the C&R subforum, learn about your 03FFL and start getting them in the mail!

Mssr. Eleganté
12-23-2009, 7:59 PM
It only applies from non-FFL to non-FFL, and both must be CA residents. Guns coming from a dealer's inventory still have to go through DROS and 10 day wait...

We should clarify a bit and say that it only applies when neither party is a "California licensed dealer". An FFL can still sell you a 50+ year old C&R long gun cash and carry as long as that FFL isn't a "California licensed dealer". I've sold a few guns this way as a Type 03 FFL in California. ;)

Joe Collins
12-23-2009, 8:53 PM
It only applies from non-FFL to non-FFL, and both must be CA residents. Guns coming from a dealer's inventory still have to go through DROS and 10 day wait...

That would depend on who the FFL is. My mother wanted to sell her gun (I think a Beretta 22. She went to a East Bay FFL (store not kitchen table) and he gave $50.00 for the gun. No questions asked. Paid her cash and did not even ask her name.

silaic7
12-24-2009, 7:08 AM
That would depend on who the FFL is. My mother wanted to sell her gun (I think a Beretta 22. She went to a East Bay FFL (store not kitchen table) and he gave $50.00 for the gun. No questions asked. Paid her cash and did not even ask her name.

LAPD gun buy back pay more it's $100 :D gift card to turners

PORCH
12-25-2009, 2:20 AM
Doesn't it have to be 50 years since that particular model was last made or can the gun just be 50 years old and still be in current production?

Mssr. Eleganté
12-25-2009, 9:11 AM
Doesn't it have to be 50 years since that particular model was last made or can the gun just be 50 years old and still be in current production?

A 50 year old example of a firearm that is still in production is still considered C&R. For example, my 1953 built Remington Model 870 shotgun is C&R because it is over 50 years old, even though the Model 870 is still in production. All of the Model 870s that are younger than 50 years old are not yet C&R.

The only time you have to wait until a model was out of production for 50 years is when there is no way to determine how old a particular firearm of that model is. For instance, you might have a model of Stevens .22 rifle that was made from 1946 to 1965 but they didn't include serial numbers on the guns or didn't keep track of year of production by serial number. In that case you have to wait until 50 years after the model went out of production since there is no way to tell what year a particular gun of that model was made in.

scc1909
12-25-2009, 9:47 AM
Sorry about the small threadjack, but how does this apply to guns bought at gunshows? And what is this so-called "gunshow loophole"?

Now that I've built-up some hobby money I've been thinking of attending an upcoming Vallejo gunshow. What can I legally buy and carry out with me without having to DROS and wait 10 days?

FortCourageArmory
12-25-2009, 10:01 AM
Sorry about the small threadjack, but how does this apply to guns bought at gunshows? And what is this so-called "gunshow loophole"?

Now that I've built-up some hobby money I've been thinking of attending an upcoming Vallejo gunshow. What can I legally buy and carry out with me without having to DROS and wait 10 days?

This applies to guns purchased at gunshows ONLY if purchsed from a non FFL-holder. If I had a table up at a show and you wanted to purchase one of my WWII era Garands, you would still have to go through the DROS process and 10-day wait. The only way a dealer can avoid paperwork are on ANY firearms manufactured prior to 01/01/1899. Those firearms are considered "antiques" and can be purchased without paperwork.

To sum it up....
From a private party = any long gun over 50 years old can be bought without DROS. Handgund manufactured after 01/01/1899 have to go through DROS at an 01 FFL.
From an FFL holder = any firearm manufactured prior to 01/10/1899 can be bought without DROS. Everything else must go through DROS.

Hope that helps.

hoffmang
12-25-2009, 10:08 AM
That would depend on who the FFL is. My mother wanted to sell her gun (I think a Beretta 22. She went to a East Bay FFL (store not kitchen table) and he gave $50.00 for the gun. No questions asked. Paid her cash and did not even ask her name.

You can always sell to a California FFL with no waiting. He should have gotten her name and address though for his A/D book.

-Gene

Joe Collins
12-26-2009, 8:27 PM
You can always sell to a California FFL with no waiting. He should have gotten her name and address though for his A/D book.

-Gene
I understand she would not have to wait ten days to get her money. But, this banana of an FFL did not even ask for her name. This would lead me to believe that the gun entered into his inventory illegally. Who is he going to list in his A&D Book as the seller? Santa Claus??:)

evanp
12-27-2009, 10:32 AM
:cool:I understand she would not have to wait ten days to get her money. But, this banana of an FFL did not even ask for her name. This would lead me to believe that the gun entered into his inventory illegally. Who is he going to list in his A&D Book as the seller? Santa Claus??:)

Sounds like the FFL wanted to keep the firearm for himself and believed that a A/D book entry was not needed. However, I think ALL firearms with or with out serial numbers must be accounted for with proper entry into the A/D book. The FFL in question is acting stupid or is a thief.:cool:

Meplat
12-27-2009, 7:54 PM
I understand she would not have to wait ten days to get her money. But, this banana of an FFL did not even ask for her name. This would lead me to believe that the gun entered into his inventory illegally. Who is he going to list in his A&D Book as the seller? Santa Claus??:)

For a $50 Beretta that would be as good as any.

I doubt this gun found it's way into any books.