C&R -03 question

[Forgotten_man]

Can a C&R license holder, with a CEO, sell a C&R firearm to another C&R holder out of state without going through a California FFL? And does California sales tax need to be added?

[rromeo]

You can sell almost any firearm to anybody in most states without going through a California FFL, regardless of C&R licenses.

[capt14k]

If shipping out of state, to a free state like AZ, and firearm is C&R eligible, and receiver has FFL03, you don't need a FFL03 and can ship directly to their home. In other states like CA, such as NJ, all non antique firearms (and some antique) must ship to FFL01, in MD all handguns must ship to FFL01.

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[Hesco]

Originally Posted by capt14k

If shipping out of state, to a free state like AZ, and firearm is C&R eligible, and receiver has FFL03, you don't need a FFL03 and can ship directly to their home. In other states like CA, such as NJ, all non antique firearms (and some antique) must ship to FFL01, in MD all handguns must ship to FFL01.

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If originating from out-of-state, C&R pistols can go straight to a C&R holder’s house in MD. They are not registered except in the bound book. In-state C&R sales in MD go through the Maryland State Police process, but do not require a Handgun Qualification License.

[rromeo]

No matter where it must be shipped to, he's asking if it has to be shipped from an FFL in California. I think in any of the states that allow shipment directly to an 03 FFL, that answer is no.

[capt14k]

Originally Posted by rromeo

No matter where it must be shipped to, he's asking if it has to be shipped from an FFL in California. I think in any of the states that allow shipment directly to an 03 FFL, that answer is no.

That is correct.

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[capt14k]

Originally Posted by Hesco

If originating from out-of-state, C&R pistols can go straight to a C&R holder’s house in MD. They are not registered except in the bound book. In-state C&R sales in MD go through the Maryland State Police process, but do not require a Handgun Qualification License.

I thought they changed that recently in Maryland with handguns and "assault rifles".

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[peterinsj]

You have to meet the laws where the buyer is. You also must meet the federal rules for shipping, handguns must ship through common carrier not USPS.

[sfe187]

Are we sure all handguns must be shipped to?

What if OP has a table in a gun show out of state, which he drove there and was selling an CR handgun.

[rromeo]

No, it doesn't need to be shipped, a face to face transaction with an out of state C&R holder is legal

[Milsurp1]

Depends on buyer’s state. In Oregon and Nevada C&R FFL buyer must still use a dealer FFL to acquire.

[SkyHawk]

Originally Posted by Forgotten_man

Can a C&R license holder, with a CEO, sell a C&R firearm to another C&R holder out of state without going through a California FFL? And does California sales tax need to be added?

This is not a 03/COE question.

No matter what type of gun you are selling, and no matter the license status of the out of state buyer, and no matter if the CA seller has a license or not, there is no legal requirement to use a CA FFL to touch it or to ship it. Some receiving FFLs may want to see it come from another FFL though.

And no you do not collect CA sales tax or any other states sales tax.

Your only concern is about the use of a FFL to receive it, and that will depend on the CR status of the gun, the license status of the buyer and the laws of the state they live in. Those laws vary from state to state.