View Full Version : Selling a Mauser ?
09-04-2006, 3:05 PM
09-04-2006, 3:24 PM
There are two ways to do it.
1. You don't have to sell it through an FFL, but if you're shipping the rifle, either out of state or to another location in CA, you must ship it to an FFL.
2. If it's a face to face transfer than you bring the firearm with you to a local FFL where the two of you will meet to process the transfer.
09-04-2006, 3:38 PM
This is the big C&R "grey area", frought with conflicting definitions and opinions.
Since ATF defines the receiver as the firearm, and since the receiver is over 50 years old, that would make the firearm over 50 years old and thus, C&R.
But ATF rules forbid the importation of military surplus firearms as Curios & Relics unless they are in original military configuration. Some people take this to mean that sporterized milsurps are no longer C&R. Others feel this means they are still C&R but just no longer importable. They feel importability and C&R status are two different things.
ATF has said that bare receivers are not "generally" considered C&R even if they are over 50 years old because bare receivers don't have "collector value". But they have said that a milsurp sporterized over 50 years ago would be C&R because it has been in that configuration for over 50 years. They used this same argument during the Assault Weapons Ban, saying that you couldn't build an assault weapon from a preban receiver unless the receiver had been configured as an assault weapon before the ban.
But people buy and sell sporterized milsurps as C&R all day long on Gunbroker and AuctionArms, and some of the biggest wholesalers sell receivers and barrelled actions as C&R and ATF has yet to make a stink about it. It has been suggested that ATF doesn't want to push this issue in court because they are afraid of losing and opening up a floodgate of sporterized milsurps from all of the distributors.
The fact that you don't have a C&R FFL doesn't really factor into this at all.
09-04-2006, 6:16 PM
PM me AFTER YA CLEAR OUT YOUR BOX!!!!!! It says yer' full!
09-04-2006, 10:55 PM
per the DOJ website under FAQ, under public..
14.I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?
Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement. Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:
a.For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transactionb.For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of $10.00 per each additional firearm transferred.(PC section 12072(d))
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