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penguinofsleep
01-05-2013, 9:16 PM
I've read through the appropriate stickies but still have a few questions. All of the below are hypothetical after 2014 regarding C&R except for the last question:

if we happen to be out of state with a c&r license and we were to buy c&r items from another FFL (any type), would that still be legitimate? it says out of state purchases must be reported, but the purchase itself is still legal correct?

can we buy c&r or firearms over 50 years old from a private party legally out of state (provided that it is reported)? does this change if buyer does not have c&r?

if the firearm is over 100 years old, can we still buy w/o any type of license (there are some old guns out there i'd like to have as collector items)?

also, on the flip side, how would sales of C&R items to residents of other states using an C&R ffl work? still need to sell to other c&r holders or appropriate FFL?

lastly, from another thread by librarian:
"It is a Federal felony for other state residents to sell to someone who does not live in their own states or for you to bring a gun back to CA if you somehow get one out of state."
i assume we can not sell cash and carry in states that don't require registration, etc. ie lets say i'm in idaho (or w/e other free state) and have some of my guns. i can't sell them to residents of idaho at all while still being a CA resident without going through an idaho ffl?

if only i had a magic wand... it'd be back to 1900 gun laws for us minus 3 or so things (ie do not bar people from owning firearms based on racial discrimination, regulate artillery/bombs to some degree, maybe, maybe regulate automatics in certain areas).

Librarian
01-05-2013, 11:04 PM
CA can't over-ride Federal law - when out of state, do what your C&R allows.

It's just that after 2014, out of state C&R long gun purchases must be reported the same way out of state C&R handgun purchases are already reported.

But federal law does not allow interstate purchases by unlicensed persons; that no-FFL thing applies only to residents of those states who have that more sensible policy.

A C&R holder can buy C&R guns out of state, but not NON-C&R guns.

As to out of state purchase of real antiques, both Feds and California say those don't need an FFL for transfer, so it appears that should be OK.

See also the wiki -- http://wiki.calgunsfoundation.org/Antique_Firearms

littlejake
01-06-2013, 9:04 AM
...As to out of state purchase of real antiques, both Feds and California say those don't need an FFL for transfer, so it appears that should be OK.

At the risk of stepping on Librarian's toes.. let me expand on that answer since it appears the OP implies that 100 years old is an antique. The Federal and CA definition of an antique firearm is manufactured prior to 1899.

penguinofsleep
01-06-2013, 6:44 PM
thanks, both of you have cleared several things up.

Kukuforguns
01-06-2013, 9:14 PM
CA can't over-ride Federal law - when out of state, do what your C&R allows.
While it's true that CA can't over-ride Federal law, in practice California has long-standing laws which directly conflict with Federal C&R law.

Mssr. Eleganté
01-06-2013, 9:35 PM
While it's true that CA can't over-ride Federal law, in practice California has long-standing laws which directly conflict with Federal C&R law.

And these California laws don't affect a California C&R FFL while they are outside of California.

Kukuforguns
01-07-2013, 9:20 AM
And these California laws don't affect a California C&R FFL while they are outside of California.
Hmm, let's see. Yugoslavian M59/66. Designated by BATF as a C&R. Has a grenade launcher attachment. Under California law, the M59/66 qualifies as a destructive device, possession of which is illegal (for non-LEOs and non-military) in California. While it may be perfectly legal for a California C&R licensee to buy the M59/66 out of state, I do not advise bringing it back to California.

Mssr. Eleganté
01-07-2013, 12:20 PM
Yes, that's good advice. Obviously a C&R FFL must comply with California law while they are inside California.

Kukuforguns
01-07-2013, 2:09 PM
There's a longer discussion of why California law conflicts with Federal C&R law in this thread (http://www.calguns.net/calgunforum/showpost.php?p=4963168&postcount=32).