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Old 06-11-2009, 10:32 PM
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Mssr. Eleganté Mssr. Eleganté is offline
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Quote:
Originally Posted by Digital_Boy View Post
I've been having differences of opinion with several people who state that an FFL holder, either a commercial/business FFL holder or a C&R FFL holder must do paperwork for the transfer of C&R long guns.

Since the word of an active, busy FFL holder isn't good enough, could someone be so kind as to point me at the appropriate statute, both to shut the mouths of the self appointed experts and for my own clarification?

Also, I did search, and found anecdotal evidence supporting my position, but I want to quote chapter and verse, even though I'd much prefer a 2X4 to certain foreheads.

Thanks in advance.

When a C&R FFL acquires or disposes of a C&R firearm of any type to anybody they must log the transaction in their "bound book". I would consider that to be paperwork. But C&R FFL's are not required to use a Form 4473 when they dispose of a firearm.

When a Dealer FFL acquires or disposes of a C&R firearm of any type to anybody they must log the transaction in their "bound book". If they are disposing of a firearm to an unlicensed person then they must also fill out the Form 4473. California law also requires that Dealers submit a DROS when disposing of C&R firearms to California C&R FFL's or to unlicensed persons.

Quote:
CFR § 478.125 Record of receipt and disposition.

(e) Firearms receipt and disposition by dealers. Except as provided in § 478.124a with respect to alternate records for the receipt and disposition of firearms by dealers, each licensed dealer shall enter into a record each receipt and disposition of firearms.

(f) Firearms receipt and disposition by licensed collectors. Each licensed collector shall enter into a record each receipt and disposition of firearms curios or relics.
Quote:
CFR § 478.124 Firearms transaction record.

(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
Quote:
CPC § 12073. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Section 12077.
You can read the rest of the details about the DROS requirements in sections 12073 through 12077 of the California Penal Code.
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Last edited by Mssr. Eleganté; 06-11-2009 at 11:00 PM..
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