Double Checking C&R

[light351]

I?m in the middle of a deal, and I just want to double check with you guys.

I?m in Socal and I was in Arizona 2 weekends ago at the Mesa gun show. I came a cross a pistol, made in 1958 and the seller is willing to ship it to my ffl. To my understanding there shouldn?t be a problem as the firearm is now older than 50 years.

Btw is a Baby .25 Browning, Id love to add to my small collection

Please Confirm

TIA

[davidj]

Yes, that is correct. You should check with your FFL if they will accept a gun from a non-FFL first.

[light351]

The seller would be sending it to me thru his FFL directly to my FFL

[davidj]

Your GTG.

[light351]

@davidj Thank you

[offrdmania]

C&R right now is anything prior to 1973

[SkyHawk]

Your FFL needs to be convinced of the year of manufacture. For some guns this is easy, others not so much

[G-forceJunkie]

If you have an 03 C&R and COE you could have taken it that day.

[light351]

I don?t have a 03 C&R unfortunately

[Reno-Kid]

I?m in the middle of a deal, and I just want to double check with you guys.

I?m in Socal and I was in Arizona 2 weekends ago at the Mesa gun show. I came a cross a pistol, made in 1958 and the seller is willing to ship it to my ffl. To my understanding there shouldn?t be a problem as the firearm is now older than 50 years.

Btw is a Baby .25 Browning, Id love to add to my small collection

Please Confirm

TIA

If and when you get delivery, couple of photos and range report would be nice.

[1911-CV]

Nope - Incorrect Post... fixed later

Just to clarify for the record, OP said it was a pistol. Federal law requires handgun transfers between residents of different states go through an FFL in the state of the receiving party. OP could have picked up a C&R rifle with an FFL 03 and COE, but not a pistol.

If you have an 03 C&R and COE you could have taken it that day.

Wrong, see 3 posts down...

[morrcarr67]

If you have an 03 C&R and COE you could have taken it that day.

Just to clarify for the record, OP said it was a pistol. Federal law requires handgun transfers between residents of different states go through an FFL in the state of the receiving party. OP could have picked up a C&R rifle with an FFL 03 and COE, but not a pistol.

1911-CV, you couldn't be more wrong.

The COE is a CA only thing and it doesn't matter to anyone outside of the state.

The 03 C&R FFL is a federal thing and covers you in all 50 states and all 6 US territories. As it says right in it's name, it IS an FFL. As such you can acquire ANY C&R firearm you want. You can not bring back any firearm that is a CA defined AW or any magazines that can hold more than 10 rounds of ammo.

You have to report all out of state acquisitions to the state and pay a $19 tribute.

[Wlee]

Just to clarify for the record, OP said it was a pistol. Federal law requires handgun transfers between residents of different states go through an FFL in the state of the receiving party. OP could have picked up a C&R rifle with an FFL 03 and COE, but not a pistol.

If you could find the exact federal law that shows this it would be much appreciated. I ask since not only does CA have a specific exemption for 03FFL's w/ COEs to acquire C&R handguns/long-guns out of state and return with them, I have personally done so multiple time using the designated CA DOJ Form and CFARS to register them.

So far as I can find, Federal law does state that 2 residents of different states cannot complete the sale of a handgun if the receiving party is not a licensee. The 03 FFL is a Federal Firearms License for C&R firearms and thus the holder does qualify as a Licensee in regards to C&R transfer laws.

Per ATF:
"Are curio or relic firearms exempt from the provisions of the GCA?"

No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.

[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]

"To whom may an unlicensed person transfer firearms under the GCA?"

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General?s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee?s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

[1911-CV]

You made me look it up

and prove I was WRONG!

PC 27565

27565. (a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(2) The licensed premises of that person are within this state.

(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.

(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.

(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.
(Amended by Stats. 2011, Ch. 745, Sec. 28. (AB 809) Effective January 1, 2012.)

[light351]

So it can?t be done?