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C&R holder selling a gun

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  • RUM
    Member
    • Nov 2009
    • 144

    C&R holder selling a gun

    So, I am trying to understand this right. Can a holder of a 03 C&R sell one of his eligible rifles to a private party without doing a FFT and DROS?
  • #2
    jmlivingston
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Oct 2005
    • 5095

    If it's over 50 years old, yes.

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    • #3
      Mssr. Eleganté
      Blue Blaze Irregular
      CGN Contributor - Lifetime
      • Oct 2005
      • 10401

      A California Type 03 FFL can sell a C&R long gun that is 50+ years old to another California resident directly. No need for a DROS or PPT at a dealer. If the buyer is not an FFL then the 03 FFL needs to check the buyer's ID and note it in his bound book along with the buyer's name and address.

      A California Type 03 FFL can also sell a C&R rifle or shotgun that is 50+ years old to an unlicensed resident of another State. The transfer must take place at the 03 FFL's licensed premises and must follow the laws of both California and the buyer's State.
      __________________

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

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      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        A California Type 03 FFL can sell a C&R long gun that is 50+ years old to another California resident directly. No need for a DROS or PPT at a dealer. If the buyer is not an FFL then the 03 FFL needs to check the buyer's ID and note it in his bound book along with the buyer's name and address.

        A California Type 03 FFL can also sell a C&R rifle or shotgun that is 50+ years old to an unlicensed resident of another State. The transfer must take place at the 03 FFL's licensed premises and must follow the laws of both California and the buyer's State.
        As I read 12078 (t) (2), neither party need have any form of FFL for a transfer of a 50+ year old long-gun to a state resident. (on an occasional basis) If either party has an FFL-3, then proper entries are required in their A&D book. In either case, no DROS or use of a CA dealer to transfer is required.

        Yes -- I understand that the OP was limited in scope to a C&R holder selling a 50+ year old long-gun. But the same PC section that permits the C&R holder to do this transfer also applies to non C&R holders.

        Non FTF can be problematic and many will not sell that way -- basic point, you do not know to whom you are selling it. Not that non FTF is illegal; but many think it unwise.
        Last edited by littlejake; 03-25-2010, 11:27 AM. Reason: xxx
        Life Member NRA and 2A Foundation.
        My posts are my own opinions and do not reflect those of any organization I am a member of.
        Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

        "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
        William Pitt (1759-1806)

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