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FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
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#1
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C&R out of state transfer
I have a customer who has his C&R license and his COE. He wants to order a luger frame from a gentlemen in NV and he will ship it to me (FFL) but ive never dealt with a C&R before. Is he exempt from the 10 day wait (cash and carry able). How do I determine if its legitimately a C&R item? A little lost here.
Edit: frame has now been assembled into a complete firearm. Thanks. Last edited by CifaldiPrecision; 05-18-2013 at 2:50 AM.. |
#2
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A C&R handgun is exempt from needing to be on the Roster of Handguns Certified for Sale. [PC 32110(g)]
A person with a valid Type 03-FFL (C&R) and valid COE are exempt from the 10 day waiting period on C&R firearms. [PC 26970] However... Per Federal regulations (ATF Ruling 85-10), a frame/receiver is not a C&R firearm. Therefore, the frame/receiver can not be transferred under the C&R exemption. It needs to be a complete C&R firearm. |
#3
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So I needs to go through the normal 10 day wait but we also can't do frame receiver transfers into ca as they can't be approved for the drop test if I recall correctly. Is that right?
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#4
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Correct, can't transfer the frame/receiver, unless the recipient is a LEO.
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#5
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I guess I could make the recommendation to have all the parts that he owns shipped to someone to have the Luger fully assembled making it a legit C&R.
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#6
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Ok back to this. The buyer has told me the seller is no shipping the gun complete. But he also states in his email that he is a C&R with a current COE. So shouldn't the seller be able to ship direct to him? The seller who works in a gun store in nv says he needs a CFLC slip which according to the CFLC FAQ he does not for C&R.
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#7
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Quote:
And if you go by ATF's ruling, the stripped frame can't be considered C&R anyway.
__________________
__________________ "Knowledge is power... For REAL!" - Jack Austin |
#8
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The stripped frame is no longer stripped its an assembled firearm so that's been accomplished. My confusion is why does ca DOJ mention under their CFLC FAQ that a CFLC# isn't required for curios. Sounds like (and I'm scouring the ca DOJ codes as we speak) basically treat this transfer like all other transfers except the c&r licensed dealer can cash and carry once it arrives. Trying to find clarification on this portion.
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#9
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Which FAQ? It is easier to see what specifically they are talking about. One I found says that C&R FFL holders don't need a CFLC letter, which they can't get since they are not a dealer (CFLC FAQ #4).
The C&R can be exempt from the 10 day waiting period if the buyer has a C&R FFL and a CA DOJ COE, which makes it close to cash and carry, but you still need to submit the DROS. Since the person has a C&R FFL, they don't need to fill out the 4473.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#10
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That actually just answered everything Kemasa thanks.
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#11
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Oh, I thought when you said "the seller is no shipping the gun complete." that "no" was short for "not", but I guess it was short for "now".
__________________
__________________ "Knowledge is power... For REAL!" - Jack Austin |
#12
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Hahaha that's big thumbs little phone keyboard way to fast typing board on a plane. I appreciate all the info. Sometimes I feel dumb asking this stuff but last thing I want to do is interpret something wrong. For instance didn't even think about the incomplete firearm while looking at the other stuff.
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