View Full Version : Warehousing C&R guns

Irish Gunner
04-06-2012, 7:19 AM
As I sit here waiting for my FFL to be approved, I am making my wish list. One rifle, the M1 Carbine with a folding stock. Has me scratching my head.

First I haven't found it on the ATF C&R list but since they were manufactured 50+ years ago they are automatically on. I don't think there is an NFA restriction issue here.

Second using the flowchart a centerfire, semi-auto, detachable mag and length under 30" is a violation of PC 12276.1 (a)(3)

So even if it is a C&R I can't bring it into CA. Now the question. The C&R law allows for warehousing, so if I were to buy one FTF in another state, would setting up a designated cabinet for such rifles at my mom's place in WA be legal, stand up to ATF audit and keep me clear of the laws?

I am guessing yes and since I don't plan to live the rest of my days in CA, I don't wan't to let the state laws prevent me from building the collection I want.

04-06-2012, 7:34 AM
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=27%3A3.; idno=27;sid=1707cc4bf003e23a45b485ea4ac6e966;cc=ec fr#27:
478.50 Locations covered by license.

The license covers the class of business or the activity specified in the license at the address specified therein. A separate license must be obtained for each location at which a firearms or ammunition business or activity requiring a license under this part is conducted except:

(a) No license is required to cover a separate warehouse used by the licensee solely for storage of firearms or ammunition if the records required by this part are maintained at the licensed premises served by such warehouse;

(b) A licensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee or to other persons who are residents of the State where the collector's license is held and the disposition is made;

(c) A licensee may conduct business at a gun show pursuant to the provision of 478.100; or

(d) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location pursuant to the provisions of 478.100.

[T.D. ATF–191, 49 FR 46890, Nov. 29, 1984, as amended by T.D. ATF–401, 63 FR 35523, June 30, 1998]

04-06-2012, 8:30 AM
Folding stock M-1 Carbines are verboten in PRK I believe.

Irish Gunner
04-06-2012, 10:31 AM
Those are exactly the regs I read and because that rifle is classified as an AW I know I can't keep it here. I don't plan to live here forever probably 5-6 more years then off to a free state.

What constitutes a warehouse? A closet at my mom's house that I solely use to store my CA prohibited C&R's could be my warehouse.

When ATF comes knocking to inspect my collection and records, I couldn't produce that rifle withing the borders of PRK. I wan't that rifle, but won't commit a felony to do it. Any practical experience?

04-06-2012, 10:56 AM
The folding stock M1 carbine is indeed an evil weapon of terror in the eyes of CADOJ, however, there is no rule saying that you can't purchase one with your C&R while out of state on vacation, place it in a standard M1 carbine stock and have the folding stock stored separately from the carbine.

Irish Gunner
04-06-2012, 11:01 AM
Interesting idea. I could probably separate the stock from the action and just store them separately. Kind of like a hi-cap mag parts kit, only a carbine parts kit.

04-06-2012, 2:49 PM
you could even get a second 03FFL issued to you with your mother's address as the premises address.