Selling to C&R holder as non licensee question

[Gromann]

I have a 1938 Mosin Nagant I've decided I'd like to sell and in the process of researching the rules on selling to C&R in California specifically, I found a lot of mixed information.

To put it bluntly - as a non licensee am I allowed to sell directly to C&R in a FTF transfer within California for long guns, or, would I still need to go through an 01?

[Capybara]

Yes, you can sell to a FFL03 + COE holder, C&R long guns only.

[Quiet]

I have a 1938 Mosin Nagant I've decided I'd like to sell and in the process of researching the rules on selling to C&R in California specifically, I found a lot of mixed information.

To put it bluntly - as a non licensee am I allowed to sell directly to C&R in a FTF transfer within California for long guns, or, would I still need to go through an 01?

If the buyer has a valid C&R FFL and a valid COE, then it is legal to sell to them without having to transfer the C&R long gun through a CA FFL dealer. [PC 27966]

If the buyer does not have a valid C&R FFL and valid COE, then it needs to be transferred through a CA FFL dealer.


Summary for C&R long gun:
Buyer + valid C&R FFL + valid COE = legal to transfer without CA FFL dealer.
Buyer + valid C&R FFL + no COE = illegal to transfer without CA FFL dealer.
Buyer + no C&R FFL + no COE = illegal to transfer without CA FFL dealer.



Penal Code 27966
Commencing January 1, 2014, if all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.

[SkyHawk]

They must also have the COE or it has to go through 01 FFL

[Gromann]

Thanks for the answers! I guess the only thing I'd need to know aside from that is would I need a copy of their CoE and C&R FFL? Any additional verifications I'd have to do on my end?

[Quiet]

Thanks for the answers! I guess the only thing I'd need to know aside from that is would I need a copy of their CoE and C&R FFL? Any additional verifications I'd have to do on my end?

Legally, you are not required to obtain any info from the seller.
However, for your piece of mind and CYA; you can retain a bill of sale, a copy of their C&R FFL, and a copy of their COE.

Legally, the buyer will need your information (CA DL/ID) for their records and for the CA DOJ report.

[johnthomas]

They will need to pay a fee to the devil, 19.00 and log it in their book.

[Gromann]

I appreciate the help from everyone. I'll probably put it up here before anywhere else but wanted to make sure everything was figured out before I went posting it anywhere.