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View Full Version : Clear up some possible FUD for me


INJUNTOM
08-26-2011, 2:48 PM
The research that I have done has told me that a rifle 50 years or older is C&R and only need to exchange info between buyer and seller correct?

I was told that you would have to have a C&R license for that type of transaction...

mosinnagantm9130
08-26-2011, 2:52 PM
Assuming you are both in CA, there is no need for an FFL. If one of you is out of state, the receiver needs a C&R or 01 FFL.

INJUNTOM
08-26-2011, 2:54 PM
Cool.

One thing that was mentioned about the whole transaction was the "What if it's stolen?" question.

They had me there...

Blackhawk556
08-26-2011, 2:56 PM
Then You take it to the gun buyback and not worry about. Seriously now, that's a good question?

TRICKSTER
08-26-2011, 2:59 PM
That same question could be asked about anything bought from a private party, not just a firearm. Any piece of property with an identifying number cam be entered in law enforcement computers as stolen property. If your worried about it, write up a bill of sale with the other party.

INJUNTOM
08-26-2011, 3:00 PM
Not too bad a question I guess, considering you won't know the answer to it until you're getting a new set of bracelets fitted. :D

Nick Justice
08-26-2011, 3:00 PM
Federal C&R is "50 years old", unless its an NFA firearm. California C&R is "made before Jan. 1, 1899". You can get a California Cert of Eligibility (COE) to go along with your federal C&R license to buy federal C&R long guns without the CA waiting period, even by mail. Handguns are different. Post 1899 must go through a licenced fed class 1 dealer, and the CA wait, even with your COE. (I could be wrong. Wait for more posts.) You can buy black powder muzzle-loading handguns off the rack.

INJUNTOM
08-26-2011, 3:01 PM
That same question could be asked about anything bought from a private party, not just a firearm. Any piece of property with an identifying number cam be entered in law enforcement computers as stolen property. If your worried about it, write up a bill of sale with the other party.

Too late. I'm a pretty good judge of character and this character seemed good to me. I know his name on here, so it's all good. It won't come out of the safe much anyways.

jwkincal
08-26-2011, 3:01 PM
What if someone on craigslist sells you a stolen TV? Blu-ray player? Power tool? machete?

Are you feeling sorry for the (hypothetical) original owner, whom may or may not exist depending on your level of guilt/paranoia? Or are you concerned about creating a motive for stealing deadly weapons? DO YOU THINK ALL FIREARMS SALES SHOULD BE DROSed? 'Cuz that'll fix your little neuroses...

ETA: beaten to it by many others.

stix213
08-26-2011, 3:27 PM
Federal C&R is "50 years old", unless its an NFA firearm. California C&R is "made before Jan. 1, 1899". You can get a California Cert of Eligibility (COE) to go along with your federal C&R license to buy federal C&R long guns without the CA waiting period, even by mail. Handguns are different. Post 1899 must go through a licenced fed class 1 dealer, and the CA wait, even with your COE. (I could be wrong. Wait for more posts.) You can buy black powder muzzle-loading handguns off the rack.

This is false. You're thinking of "Antique firearms"

See California Penal Code 12078(t)(2) for the CA C&R exemption for long guns 50 years or older (OP is referencing a rifle):

http://law.onecle.com/california/penal/12078.html

(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.


Long guns 50 years or older can exchange hands between private parties in CA with no FFL or paperwork involved. Handguns are not covered.

TRICKSTER
08-26-2011, 3:31 PM
Federal C&R is "50 years old", unless its an NFA firearm. California C&R is "made before Jan. 1, 1899". You can get a California Cert of Eligibility (COE) to go along with your federal C&R license to buy federal C&R long guns without the CA waiting period, even by mail. Handguns are different. Post 1899 must go through a licenced fed class 1 dealer, and the CA wait, even with your COE. (I could be wrong. Wait for more posts.) You can buy black powder muzzle-loading handguns off the rack.

Any 50+ year old long gun can be sold between two Ca. residents without the involvement of a FFL.

Ca does not have a different definition of a C&R. It uses the Federal regulations. Ca adds their own law that it must be 50+ years old.

If you already know that "I could be wrong" why even post until you know for sure? Pretty much everything you posted is wrong.

Nick Justice
08-26-2011, 3:34 PM
Any 50+ year old long gun can be sold between two Ca. residents without the involvement of a FFL.

Ca does not have a different definition of a C&R. It uses the Federal regulations. Ca adds their own law that it must be 50+ years old.

If you already know that "I could be wrong" why even post until you know for sure? Pretty much everything you posted is wrong.

Oh, man!

INJUNTOM
08-26-2011, 3:39 PM
Yeah, I believe the 1899 thing is what the guy was trying to quote me. He was mentioning something to that effect.

I've heard incorrect info at all the gun shops...