C & R License Questions??????????????????

[916shooter]

I have a few questions on the c & R lic


1. If you have a c & R license, and you buy a c & R at a gun dealer, do you still have to wait 10 days?

2. With a C & R lic, can I buy a C & R pistol off gunbroker, and have it shipped to me?

3. Can I make a flyer saying i buy c & r firearms, and post it at the job or public places, if so does it need to have anything on it?

[thefifthspeed]

I have a few questions on the c & R lic


1. If you have a c & R license, and you buy a c & R at a gun dealer, do you still have to wait 10 days?

If you buy from a dealer you will still have to wait 10 days unless you have a COE to go along with your C&R

2. With a C & R lic, can I buy a C & R pistol off gunbroker, and have it shipped to me?

No

In any other state yes, but in California all purchased pistols (even C&R) have to be shipped have to an 01 FFL.

3. Can I make a flyer saying i buy c & r firearms, and post it at the job or public places, if so does it need to have anything on it?

Sure I guess, doubt you'd get much action from it. Your best bet would be to hunt all of the forums and gunbroker for deals.

[zinfull]

Posting that you have guns is not a bad idea at the range but not a good idea at the local market place.

jerry

[glennsche]

If you buy from a dealer you will still have to wait 10 days unless you have a COE to go along with your C&R

I bought a k31 from a gun dealer and took it home same day showing the C&R, and i dont have a COE. Is it maybe a handgun only thing?

So, and i'm not sure which it is, but either you're incorrect or he broke the law. heh.

[Sacjesusfreak]

What is a COE, and what all does it take to get one?

[paul0660]

coe: http://www.ag.ca.gov/firearms/forms/pdf/coeapp.pdf

Means you can take a c and r home that day, which shouldn't have been the case in glennsche's purchase. It isn't a pistol only thing.

About the flyer, a FFL 03 is a collector, and can't make a business of buying and selling like a dealer can.

[coop44]

coe: http://www.ag.ca.gov/firearms/forms/pdf/coeapp.pdf

Means you can take a c and r home that day, which shouldn't have been the case in glennsche's purchase. It isn't a pistol only thing.

About the flyer, a FFL 03 is a collector, and can't make a business of buying and selling like a dealer can.

Buy all you want,
it's the selling part that can get dicey

[thefifthspeed]

I bought a k31 from a gun dealer and took it home same day showing the C&R, and i dont have a COE. Is it maybe a handgun only thing?

So, and i'm not sure which it is, but either you're incorrect or he broke the law. heh.

Maybe one of the couple C&R gurus can chime in as I don't have the C&R literature in front of me but I was always under the impression that any C&R, both longgun and handgun, that was bought from a dealer (without COE) had to DROS and 10 day. I don't want to be that guy that spreads mis-information but I'm 95% sure this is the case. I'll ETA this post when I find it.

ETA: Best I could find was the exepmtion to the 10 day rule stating:

VII. EXEMPTION TO WAITING PERIOD FOR 03 / COLLECTOR FFLs WITH A COE

Penal Code sections 12071, 12072 and 12084 apply waiting periods to certain firearm transactions.
California Penal Code section 12078 (t) (1), however, expressly exempts the waiting period for transfers of "curios or relics" to "licensed collectors" with COEs. Specifically:
The waiting period described in Sections 12071, 12072, and 12084 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, by a dealer or through a law enforcement agency to a person who 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 who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071.
Thus, if you have both a "collectors license" and a Certificate of Eligibility, the waiting period does not apply so long as the firearm is a "curio or relic." If the firearm is not a "curio or relic" then the Penal Code section 12078(t)(1) exemption does not apply, and the firearm is subject to the ten day waiting period stated in Penal Code sections 12071, 12072 and 12084.4
Penal Code section 12072(t)(1) does apply, exempting the waiting period for "licensed collectors" with COEs, but also requires that:
On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm or the law enforcement agency processing the transaction pursuant to Section 12084, shall forward by prepaid mail to the Department of Justice a report of the transaction pursuant to subdivision (b) of Section 12077 or Section 12084. If the electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077. "Licensed collectors" not in the business of selling firearms are not required to become a "California dealer" since they are not selling, leasing or transferring firearms as is prohibited without a "California dealers" license by Penal Code section 12070(a). Instead, such collectors are acquiring curio or relic firearms for their collection. Thus, a "licensed collector" that is not selling, transferring, or leasing "curios or relics" may receive "curios or relics" from other FFLs if such transfers are exempt from Penal Code section 12072(d).
Thus, a rifle or shotgun (i.e. firearm that is not a pistol, revolver, or other firearm capable of being concealed) that is a "curio or relic" at least 50 years old may, on an infrequent basis, be transferred from a federally licensed dealer to a "licensed collector," and between private parties without going through a "California dealer."

So it looks like unless the dealer sold you a rifle from his/her private collection they should have done a 10 day.

[ept000]

I am in no way an expert, this is just my opinion fromwhat I have read (I have a C&R as well). If you buy a C&R long gun, it can be shipped right to you, but you must send the dealer a copy of your C&R. You cannot buy a handgun with a C&R in California, but there seems to be a small loophole that you can go out of state, buy a C&R handgun, and bring it back with you. Again, I may be way off base here so if anybody has more experience at this I hope you will speak up.

[EBR Works]

Maybe one of the couple C&R gurus can chime in as I don't have the C&R literature in front of me but I was always under the impression that any C&R, both longgun and handgun, that was bought from a dealer (without COE) had to DROS and 10 day. I don't want to be that guy that spreads mis-information but I'm 95% sure this is the case. I'll ETA this post when I find it.

You are correct when purchased from an FFL01.

I am in no way an expert, this is just my opinion from what I have read (I have a C&R as well). If you buy a C&R long gun, it can be shipped right to you, but you must send the dealer a copy of your C&R. You cannot buy a handgun with a C&R in California, but there seems to be a small loophole that you can go out of state, buy a C&R handgun, and bring it back with you. Again, I may be way off base here so if anybody has more experience at this I hope you will speak up.

If you are purchasing from another FFL03, then you need to send him a copy of your FFL03. If purchasing from an FFL01, it needs to be DROSd.

Correct about the handgun as well but you need to fill out the correct form and send it to the Cali DOJ within 5 days of bringing it into Cali.

[ept000]

You are correct when purchased from an FFL01.



If you are purchasing from another FFL03, then you need to send him a copy of your FFL03. If purchasing from an FFL01, it needs to be DROSd.

Correct about the handgun as well but you need to fill out the correct form and send it to the Cali DOJ within 5 days of bringing it into Cali.

Thank you for adding that. I knew there was more to it, but I remember searching about buying handguns a while back and being happy that there was at least a way to do it, even if it is quite involved.

[trautert]

"even if it is quite involved."

Download the form from DOJ website. Fill it out. Write a check for $19 or so. Mail it to them.

Not too involved.
Tom

[paul0660]

here is the form: http://www.ag.ca.gov/firearms/forms/pdf/curioapp.pdf

[geeknow]

So it looks like unless the dealer sold you a rifle from his/her private collection they should have done a 10 day.

You would be right, if the seller WERE a dealer, as in the 'legal' sense. He might have been selling a personal collection, and simply rented table space to do so. If this were the case, then the transaction is fine.

To review, C&R + COE = good to go cash and carry long guns from an individual or a dealer.

Handguns must go through a FFL, regardless of age.

As far as posting flyers goes...I would make sure it didnt imply that you were doing this for any other reason than to 'enhance your collection', as per your license. If it started to look more 'business-y', then you might be exposing yourself a bit there.

take care,

g

[Quantum313]

Hey guys. If I have a C&R, but I'm only 18, can i still buy a C&R handgun either in a store or online? Or does the 21 law still apply?