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View Full Version : Shipping within California a C&R to a non license holder


hk91666
11-19-2010, 7:46 AM
What is thought on legality of shipping a C&R to SoCal from NorCal for a 03FFL licensee to a non licensee? Does it have to transfer through a 01FFL or can Cash and carry work (with sign a form staing receiver can legally own a gun and get CADL info for my book.
Thanks

littlejake
11-19-2010, 7:56 AM
What is thought on legality of shipping a C&R to SoCal from NorCal for a 03FFL licensee to a non licensee? Does it have to transfer through a 01FFL or can Cash and carry work (with sign a form staing receiver can legally own a gun and get CADL info for my book.
Thanks

If we are talking about a 50 year old, or greater, long-gun, then CA PC 12078 (t)(2) permits a transfer without going through a dealer. Most people prefer to conduct such a transfer FTF to get to know the receiving party. I see nothing in the law that prevents shipping -- but, I am not a lawyer.

cmaher55
11-19-2010, 8:26 AM
I don't think you can ship a C&R rifle to a non 03 FFL holder in CA. You can sell a C&R face to face without going through a dealer but through the mail is against the law I am pretty sure. Regards

hk91666
11-19-2010, 8:45 AM
I don't think you can ship a C&R rifle to a non 03 FFL holder in CA. You can sell a C&R face to face without going through a dealer but through the mail is against the law I am pretty sure. Regards

I called DOJ they confirm what you said. To Ship via carrier it must go to ATF licensee (Dealer 01 or 03 Collector). Also confirmed Face to Face was possible. Thanks to both of your responses.

ke6guj
11-19-2010, 8:49 AM
there is no CA law that limits that 12078(t)(2) transfer to FTF transfers. YOu may ship it if you want to.

Same for federal law, since it is an intra-state transfer, there is no requirement that an FFL be involved in the transfer. The 03FFL seller just needs to get the proper info from the buyer to put in his bound book.

ke6guj
11-19-2010, 8:50 AM
I called DOJ they confirm what you said. To Ship via carrier it must go to ATF licensee (Dealer 01 or 03 Collector). Also confirmed Face to Face was possible. Thanks to both of your responses.did they tell you what PC or reg required that?

hk91666
11-19-2010, 9:11 AM
did they tell you what PC or reg required that?

No she just went to talk to someone that was an "expert". My buyer is okay with the 03 to 01 shipment and DROS.

Dr Rockso
11-19-2010, 9:34 AM
I called DOJ they confirm what you said. To Ship via carrier it must go to ATF licensee (Dealer 01 or 03 Collector). Also confirmed Face to Face was possible. Thanks to both of your responses.

Haha, sounds like your typical :bofud:

paul0660
11-19-2010, 9:40 AM
Haha, sounds like your typical.........

exactly. There is no law against shipping it in that situation.

Also, the CA. DOJ has NOTHING to do with 03 FFLs. It is a Federal permit good in interstate commerce.

hk91666
11-19-2010, 9:56 AM
exactly. There is no law against shipping it in that situation.

Also, the CA. DOJ has NOTHING to do with 03 FFLs. It is a Federal permit good in interstate commerce.

Even though sale is INTRASTATE not interstate? My understanding is as 03FFL we must comply with state laws I am just trying to be careful.

Turo
11-19-2010, 10:02 AM
Let me ask my M91/30 that just arrived in the mail... One sec...

She said it's okay. :D

But seriously, a >50 years old C&R rifle doesn't necessitate a FFL01 or FFL03 dealer in the transfer between two CA citizens inside of CA. You can ship it just the same as handing it to them in person.

Dr Rockso
11-19-2010, 10:07 AM
Even though sale is INTRASTATE not interstate? My understanding is as 03FFL we must comply with state laws I am just trying to be careful.

Yes, you do...but the law that says you can sell 50 y/o long guns without going through a CA dealer, and it doesn't specify that those sales have to occur in a face-to-face situation. Personally I wouldn't do it unless I was very sure that the person I was sending it to was legit (no way I'd want to get busted for sending a rifle to a 16 year old), and one way to do that is to only ship to an 01 or 03 FFL...but the law doesn't mandate that.

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,

Interloper
11-19-2010, 10:53 AM
Perfectly legal so long as it is 50 years old and a long gun. You might ask for a scan of their DL to verify age and for your bound book.
Ship it "Adult Signature Required".

jamesob
11-19-2010, 11:53 AM
I called DOJ they confirm what you said. To Ship via carrier it must go to ATF licensee (Dealer 01 or 03 Collector). Also confirmed Face to Face was possible. Thanks to both of your responses.

ENNNKKKKK, wrong

Cokebottle
11-19-2010, 1:49 PM
No she just went to talk to someone that was an "expert". My buyer is okay with the 03 to 01 shipment and DROS.
He's okay with paying an extra $75-$100 when he doesn't have to?

That's what the transfer fee/DROS is going to cost him, and he'll have the 10 day wait.