Question about 2013 C&R Long Gun Transfer Rules

[USSZim]

Hi,

I've got an M1 Garand (manufactured 1944) that was given to me as a gift back in 2009. Technically, it was given to my parents since I was under 18 at the time and I took possession of it when I turned 18/graduated high school in 2013. I've been wondering if the way it was given to me was legal based on the laws regarding C&R guns back then.

What happened was a family friend, who had the rifle for around 40 years at that point, literally just handed me the rifle in my house. Neither of us knew any better at the time. I haven't registered it or done any paperwork on it.

Now, it's my understanding that before 2014, unlicensed individuals could transfer C&R long guns outside of a dealership. I know that nowadays the recipient has to have a C&R license and COE in order to directly receive a C&R long gun out of a dealership, which I possess as of this week if it matters.

Anyway, were we within the law or did we break the rules?

[Cokebottle]

Transfer in 2013, you're free and clear. Only C&R handguns required an FFL prior to 2014.

Prior to the changes in 2014, the 03FFL was basically worthless in California since it offered nothing not already permitted by a non-licensed individual (unless you also had the COE). It really was only good if you traveled out of state.

The 2014 changes made the 03FFL a bit more attractive.

[USSZim]

Sweet! This has been bugging me for years but I never knew where to ask until now. Thanks!

So it was fine back then for C&R long guns to go between private parties even if neither was even an 03?

[mosinnagantm9130]

Sweet! This has been bugging me for years but I never knew where to ask until now. Thanks!

So it was fine back then for C&R long guns to go between private parties even if neither was even an 03?

Yes, you're GTG. I did the same as you myself several times before 2014.

[Cokebottle]

Sweet! This has been bugging me for years but I never knew where to ask until now. Thanks!

So it was fine back then for C&R long guns to go between private parties even if neither was even an 03?

As long as it was face to face, yes.

Anything shipped had to go through an FFL, even if the buyer was an 03.

Even beyond that, the transfer from grandpa to your parents or to you would have been a legal intrafamilial transfer even for a modern long gun or shotgun.
Today it is still legal, but registration is required upon transfer.

[USSZim]

As long as it was face to face, yes.

Anything shipped had to go through an FFL, even if the buyer was an 03.

Even beyond that, the transfer from grandpa to your parents or to you would have been a legal intrafamilial transfer even for a modern long gun or shotgun.
Today it is still legal, but registration is required upon transfer.

Cool! It was face-to-face. It started as a family friend giving the gun to my parents in 2009, which then became an intrafamilial transfer in 2013, technically.

[Capybara]

I miss those days. I got my first Mauser that way, just pulled up, checked out the bore, handed the seller cash and threw it in the trunk. That's really the way most gun transfers are in free states today and as it should be.

[Father Ted]

Back when you could go to a gun show and leave with a gun...

[USSZim]

Back when you could go to a gun show and leave with a gun...

So how do gun shows work now?

[Cokebottle]

So how do gun shows work now?

Now, all modern guns go through an FFL, 10 day wait applies.
Same applies for non-licensees for C&R purchases.
If you have an 03+COE, you may cash and carry a C&R long gun, handguns still have to go through an 01, but the licensee is exempt from the 10 day wait.

Prior to 2014, C&R long guns were cash and carry for anyone. Modern long guns needed to go through an FFL same as they do now.

At some point prior to 2000, it was possible to buy from a private party without involving an FFL.
This is the "gun show loophole" that the media keeps talking about.
It does not exist in California and has not for at least 20 years.

In a free state, purchases from a dealer still require background, but private party sales are no different than buying any other piece of personal property... TV, fishing pole, etc...
The "gun show loophole" may as well be called "The private property sales loophole" because in Arizona, you can meet someone in the Walmart parking lot and buy a gun.

[Father Ted]

So how do gun shows work now?

You can only leave with beef jerky and tasers.

[USSZim]

Now, all modern guns go through an FFL, 10 day wait applies.
Same applies for non-licensees for C&R purchases.
If you have an 03+COE, you may cash and carry a C&R long gun, handguns still have to go through an 01, but the licensee is exempt from the 10 day wait.

Prior to 2014, C&R long guns were cash and carry for anyone. Modern long guns needed to go through an FFL same as they do now.

At some point prior to 2000, it was possible to buy from a private party without involving an FFL.
This is the "gun show loophole" that the media keeps talking about.
It does not exist in California and has not for at least 20 years.

In a free state, purchases from a dealer still require background, but private party sales are no different than buying any other piece of personal property... TV, fishing pole, etc...
The "gun show loophole" may as well be called "The private property sales loophole" because in Arizona, you can meet someone in the Walmart parking lot and buy a gun.

Interesting, I see... so FFLs are present at the gunshow at they hold guns purchased for the 10 days?

Also, I know C&R handguns are exempt from the 10-day period and 1-in-30 period with C&R + COE (which I just got), but is there documentation on this? Unfortunately the shops in my area are not very up-to-date on these kinds of things and need convincing.

[Cokebottle]

Interesting, I see... so FFLs are present at the gunshow at they hold guns purchased for the 10 days?

In addition to the dealer/vendors, who handle things themselves, yes, the gun show will have an 01FFL assigned to handle PPT transfers for private parties who are selling.
You complete the paperwork at the show, and in 10 days, go to that FFL's shop to pick up.

Also, I know C&R handguns are exempt from the 10-day period and 1-in-30 period with C&R + COE (which I just got), but is there documentation on this? Unfortunately the shops in my area are not very up-to-date on these kinds of things and need convincing.

It's covered in the CA PC, I don't know the section off the top of my head but it is referenced in one of the stickies on this sub.

[6mmintl]

I've learned to "live with the guilt feeling" After these type of transgrections.

[bigbossman]

Transfer in 2013, you're free and clear. Only C&R handguns required an FFL prior to 2014.

Prior to the changes in 2014, the 03FFL was basically worthless in California since it offered nothing not already permitted by a non-licensed individual (unless you also had the COE).......

The 2014 changes made the 03FFL a bit more attractive.

Not true. Prior to 2013, a C&R FFL in CA could have C&R eligible long guns shipped directly to their house.

After 2014, the C&R FFL became practically worthless in CA unless you also held a COE.