Dear God, not ANOTHER C&R Legality Question...

[devjunk762]

So, I am pretty up to speed on C&R buying and selling in and out of the State of Kali. However, I have no idea whether I can legally ship a 50+ year old long-gun to another C&R holder in this state? It seems like this shouldn't be a problem, as long as I verify the address of the C&R license, get some reasonable ID from the buyer for my bound book, etc.

Any strong opinions about doing this, or pointers to documentation that would clear this up? Otherwise, I'll have to resort to a DOJ phone call... wow, they'll be really surprised to get a call NOT regarding an OLL!

Thanks for the feedback, everyone!

[dfletcher]

You're betting on CA gun laws making sense?

I have a C & R and am most likely going to buy a C & R handgun at the Reno gun show. Since I'm buying out of state it's cash & carry and register when I get back to CA. If I wanted to buy in state I'd have to do the 10 day wait.

[hoffmang]

If you have the 03 FFL and ship to the 03 FFL address while otherwise complying with Federal Law, you have not broken any California laws as long as the firearm is 50+ and not a handgun.

-Gene

[Whitesmoke]

If you have the 03 FFL and ship to the 03 FFL address while otherwise complying with Federal Law, you have not broken any California laws as long as the firearm is 50+ and not a handgun.

-Gene

yep....

[Mssr. Eleganté]

You and/or the buyer don't even need a C&R FFL to do this as long as the firearm is at least 50 years old and a long gun and both parties are California residents.

[RaceDay]

You and/or the buyer don't even need a C&R FFL to do this as long as the firearm is at least 50 years old and a long gun and both parties are California residents.

But isn't the OP talking about shipping, and not FTF?

[rarf]

This is my understanding as well: CA laws says you don't need to go thru a FFL only for longarms over 50 years old; it doesn't say that has to be done face-to-face so mailing should work.

Neither parties need to have a C&R FFL as it's not an inter-state transfer which federal law applies to.

Somebody who knows that this is wrong please correct. Thanks.

[Mssr. Eleganté]

California law makes no distinction between FTF and shipping C&R long guns over 50 years old. The law just says C&R long guns over 50 years old are exempt from the FFL transfer requirements. So shipping is not prohibited.

[RaceDay]

Cool. Thanks for the info Amendment II.

[Gunhacker]

You're betting on CA gun laws making sense?

I have a C & R and am most likely going to buy a C & R handgun at the Reno gun show. Since I'm buying out of state it's cash & carry and register when I get back to CA. If I wanted to buy in state I'd have to do the 10 day wait.

I don't think there is a waiting period for C&R firearms for C&R FFL holders with a COE. That a look at Sec. 12078(t)(1)... it's on pg 40 of the BATF book with the summary of state laws.

Also on pg 32 is this useful statue, Sec 12072(9)(B)(x) which excludes C&R FFL holders with a COE from the 30 day rule [Sec 12072(9)(A)] regardless of the handgun being a C&R or not.

Along with the copy of my 03 FFL & COE, I include those pages to show to dealers when I've bought a C&R handgun in state. After filling out the DROS, I've been allowed to take possession right away.

[StukaJr]

Sorry to resurrect this thread, but wanted to clear something up... but say if a FFL03 holder purchased a C&R handgun in another state - can that FFL03 holder ship it to his house (address appears as Mailing address on the said FFL03)? Or that falls under the same rule as shipping one FFL to another FFL?

Obviously, the FFL03 would then submit all the necessary paperwork... Or would the FFL03 holder have to check it into the luggage and hope that TSA agent doesn't change the rules from the moment I okay it with the Flight Company

If you have the 03 FFL and ship to the 03 FFL address while otherwise complying with Federal Law, you have not broken any California laws as long as the firearm is 50+ and not a handgun.

-Gene

I take it my own answer would be a resounding "no"?

[hoffmang]

It's much easier to just fly home with it as long as you aren't flying through the New York metro area. As long as you purchase it in person with your 03 FFL and follow the federal guidelines about how to ship handguns to yourself, you should be fine.

Remember to submit the DOJ BoF form to register it once you're back though.

-Gene

[StukaJr]

Right... so if I call Airline Company ahead and make sure it's okay with their policy, not making a layover in NYC, pack the C&R handgun unloaded in a locked hardcase and in my suitcase and declare it at the luggage check-in - I should be all right and hassle free?

I never flew with any kind of a firearm and the idea of not knowing everything makes me queasy

[arguy15]

That it. Make sure that the case you put the gun in can lock.