C&R transfer question

[1siktkt]

Will this cover me selling a C&R rifle to another resident?

Name of seller(Me)
Name CDL# address of buyer
Make/Model/Serial of gun sold
Statement saying they're over 18 and can legally possess a firearm.

[littlejake]

This is not legal advice.

Check CA PC section 12078 (t) (2) -- that's your exemption from conducting the transfer through a CA dealer

The rifle must be greater than 50 years old; and not in a class that makes it an AW or class 3 weapon (SBR, SBS, MG).

I would make a copy of the persons DL for backup (**in case of a gun trace request or a compliance audit.) No license, no transfer.

** You need the DL info for your federal A&D book. I would also annotate the transfer as PC 12078 (t) (2) compliant in my book.

add:
** if your are a C&R license holder

[1siktkt]

Not an '03 FFL just Joe citizen

[littlejake]

Not an '03 FFL just Joe citizen

Again, do not take this as legal advice...

12078 (t)(2) exempts long guns over 50 years old from the need to transfer through a dealer. Both parties must be CA residents. This exemption is not only for FFL-3 (C&R) holders.

I would suggest you read the section at http://ag.ca.gov/firearms/dwcl/12070.php

It is convoluted in references to other sections and takes some searching to comprehend.

The text of the operate section is:

"(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor. "

The C&R FFL was instituted by the GCA of 1968 when "mail order" guns were outlawed -- the interstate transfer of firearms had to be between licensed parties after the GCA of 1968. The C&R FFL allows collectors to receive Curio and Relic define firearms across state lines. CA severely restricts that to a limited scope as defined in 12078 (t)(2)

[Quiet]

Will this cover me selling a C&R rifle to another resident?

Name of seller(Me)
Name CDL# address of buyer
Make/Model/Serial of gun sold
Statement saying they're over 18 and can legally possess a firearm.

Since, you do not have a C&R FFL, you do not have to collect/retain any info.
But, for your piece of mind, what you have laid out will suffice for the sale of a 50+ year old long gun to another CA resident.

[1siktkt]

Thanks for the help guys.