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View Full Version : Selling C&R Shotgun, need legal advice please.


xxxx
07-16-2011, 6:29 PM
I am selling a Belgian made Browning Superposed O/U Shotgun with a date code of 1931-1939 the fellow CalGunner who wants to purchase it has his C&R License. I have never sold a C&R before and it is our understanding that an FFL is not necessary for this transfer. I wanted to post and double check that this was accurate. I don't want to do anything illegal. Face to face deal.

Thank you.

Saigon1965
07-16-2011, 6:34 PM
Perfectly legal - Ask him for a copy of his license -

Wernher von Browning
07-16-2011, 7:43 PM
Not only perfectly legal, I went through this with a seller of a Swiss K31 some months ago. He didn't believe it was that simple -- face-to-face, no papers. So first I called the CA DOJ, confirmed it was OK, and asked if the seller could call them to confirm. "Yes, of course." Could I have your name so he gets the same person? "Sure, but he can ask anybody here, he'll get the same anwer."

It has to be a C&R, it has to be a long gun (non-concealable), and the buyer has to be a CA resident and non-prohibited person, and that is it. Neither party needs to have a C&R license.

Note that if one of the silly@$$ bills making its way through the CA legislature is approved and signed into law, as of Jan 2013 that ability to sell C&R face-to-face will go away. Get 'em now...

TRICKSTER
07-16-2011, 8:37 PM
I am selling a Belgian made Browning Superposed O/U Shotgun with a date code of 1931-1939 the fellow CalGunner who wants to purchase it has his C&R License. I have never sold a C&R before and it is our understanding that an FFL is not necessary for this transfer. I wanted to post and double check that this was accurate. I don't want to do anything illegal. Face to face deal.

Thank you.

If he has his C&R License, he is a FFL. That's what the license is for, buying C&R firearms.
In your case, the buyer doesn't even need that. In CA, it is legal to sell 50+ year old long guns, to another CA resident, that is not a prohibited person, without going through any FFL. The fact that he has a C&R FFL is a plus.

ColdDeadHands1
07-16-2011, 10:08 PM
Note that if one of the silly@$$ bills making its way through the CA legislature is approved and signed into law, as of Jan 2013 that ability to sell C&R face-to-face will go away. Get 'em now...

What are you talking about? Where are you getting this info? Sure hope this if FUD.

microwaveguy
07-16-2011, 10:51 PM
What are you talking about? Where are you getting this info? Sure hope this if FUD.

Nope ......It's true. If the current bill for long gun registration working it's way thru our legislature passes into law then ALL transactions will need to pass thru an FFL01

Quiet
07-17-2011, 10:49 AM
PC 12078(t)(2) is the CA law that makes "cash & carry" private party transfers of 50+ year old long guns legal.



Penal Code 12078
(t)(2) 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, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

Wernher von Browning
07-17-2011, 10:54 AM
What are you talking about? Where are you getting this info? Sure hope this if FUD.

Nope. As microwaveguy said, it's fer real.

The bill number is AB 809.

Read more here
http://www.calguns.net/calgunforum/showthread.php?t=399849