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Can I use my FFL03 for my friends purchases?

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  • cornholio1
    Senior Member
    • Mar 2006
    • 841

    Can I use my FFL03 for my friends purchases?

    I know the ATF says I cannot tranfers C&R products I buy to someone who I know has intention to use it improperly, but can I use it to buy a couple SKSs for my friend? Hes responsible. Can I just log it in and out? Thanks
  • #2
    blkA4alb
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Feb 2006
    • 3576

    I sure hope your not asking if it is acceptable to do a straw purchase for someone "responsible." Is there a certain reason they can't buy it for themselves?
    Please, calm down.

    Comment

    • #3
      cornholio1
      Senior Member
      • Mar 2006
      • 841

      Originally posted by blkA4alb
      I sure hope your not asking if it is acceptable to do a straw purchase for someone "responsible." Is there a certain reason they can't buy it for themselves?

      Yea. They are responsible. No Tax, Free Ship, and no DROS, and Excellent Condition. Is it legal?

      Comment

      • #4
        ocabj
        Calguns Addict
        • Oct 2005
        • 7924

        You could buy the rifle for yourself. Then decide that you no longer want the rifle and sell/transfer it to your friend. Just be sure to get his information to enter into your log book for the disposition entry. It is your responsibility to make some effort to ensure that he is not eligible to purchase a firearm.

        Distinguished Rifleman #1924
        NRA Certified Instructor (Rifle and Metallic Cartridge Reloading) and RSO
        NRL22 Match Director at WEGC

        https://www.ocabj.net

        Comment

        • #5
          JPglee1
          Veteran Member
          • Jan 2006
          • 3025

          Originally posted by cornholio1
          I know the ATF says I cannot tranfers C&R products I buy to someone who I know has intention to use it improperly, but can I use it to buy a couple SKSs for my friend? Hes responsible. Can I just log it in and out? Thanks
          Do you mean Pre-56 russian SKSs or Yugos?

          Is it legal to F-2-F sell a Yugo M59 or M59/66? I know it is OK to do it with a pre 56 Russian.


          J

          Comment

          • #6
            EOD Guy
            Senior Member
            • Oct 2005
            • 1229

            Originally posted by cornholio1
            Yea. They are responsible. No Tax, Free Ship, and no DROS, and Excellent Condition. Is it legal?
            NO NO NO NO

            Comment

            • #7
              stevie
              Veteran Member
              • Oct 2005
              • 3856

              SKS, only a Russian pre-56.

              Comment

              • #8
                cornholio1
                Senior Member
                • Mar 2006
                • 841

                So i guess the consenses is YES, but a pre 1956 russian sks only?

                Comment

                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Originally posted by cornholio1
                  So i guess the consenses is YES, but a pre 1956 russian sks only?
                  It is against the law for a C&R FFL to order C&R firearms for other people. While it is OK for you to sell something from your collection to your friend, you can't order it with the intent of selling it to your friend.

                  But you have kind of just admitted your intent on a public forum.

                  If you sell a handgun to your friend or a long gun that is less than 50 years old, you are going to have to do the transfer through a California FFL Dealer anyway.
                  __________________

                  "Knowledge is power... For REAL!" - Jack Austin

                  Comment

                  • #10
                    TonyNorCal
                    Calguns Addict
                    • Dec 2004
                    • 7648

                    When ordering with your C&R into Cali you're bound by Cali's 50 year rule. So even if the feds designate something a C&R it also must exceed 50 years. So Yugo and Albanian SKSs are out.

                    It's legal to sell items from your collection to enhance your collection. It's not legal to buy something specifically for someone else.
                    Last edited by TonyNorCal; 08-16-2006, 10:40 PM.

                    Comment

                    • #11
                      blkA4alb
                      Moderator Emeritus
                      CGN Contributor - Lifetime
                      • Feb 2006
                      • 3576

                      Amendment II, that was my point. He is openly admitting to commiting a straw purchase. But remember the guy is "responsible."
                      Please, calm down.

                      Comment

                      • #12
                        Elandur
                        Junior Member
                        • Jul 2006
                        • 50

                        Originally posted by cornholio1
                        So i guess the consenses is YES, but a pre 1956 russian sks only?
                        Probably the whole "50 years or older" deal. Not sure if anybody aside from the russians were making C&R eligible SKS's before '56 now since people seem to be specifying the russian thing.

                        Also, what's the definition of a straw purchase? I've been hearing that a lot. I think I have it figured out, but a real explanation couldn't hurt.
                        Last edited by Elandur; 08-16-2006, 10:39 PM.

                        Comment

                        • #13
                          Kestryll
                          Head Janitor
                          • Oct 2005
                          • 21582

                          What you're trying to do is find a way to make an illegal action look legal.
                          No matter how you dress it up you are intending to buy a weapon under your license solely for another person. This is a 'strawman sale' and illegal.
                          There are provisions for 03FFLs to sell to non FFL holders occasionally but it is meant mainly for the rare times when you want to thin your collection, not to help out a friend or make some side cash.
                          What some are refering to is doing one but calling it the other. it would be hard to prove but if BATFE looked into it you could have problems.

                          It's $30, have your friend get his own license and then have contests to see who can go broke with the most rifles first!
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                          Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA.

                          Comment

                          • #14
                            cornholio1
                            Senior Member
                            • Mar 2006
                            • 841

                            I am gonna buy 2-3 myself for my collection next to my garands. I just wanted to know if I could. I guess not. I'm just gonna buy em for myself then. Its not worth getting in trouble for a couple bucks.

                            Comment

                            • #15
                              grammaton76
                              Administrator
                              CGN Contributor - Lifetime
                              • Dec 2005
                              • 9511

                              I was kinda hoping, when I first got my license, that I could order cheap Mosin-Nagants with it and give most of my friends one for their Christmas/birthday combined present this year.

                              Then I figured out that there wasn't really much of a way to do this within the intent of the C&R license, even though it's legal to sell face-to-face without paperwork on 50+ year old rifles.

                              Oh well, it's still a license to cash-and-carry that SVT-40 I'll be getting one of these years!
                              Primary author of gunwiki.net - 'like' it on Facebook at http://www.facebook.com/#!/pages/Gunwiki/242578512591 to see whenever new content gets added!

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