C&R law question

[StephenhDMRS]

So we can do a FTF but no C&R can be shipped to someone else without a C&R license? Anyone have the code? Does anyone know the reasoning to this. I know California is the land of laws that make no sense but I was just curious. And also if you buy from an FFL it's a 10 day waiting correct? But a FTF is not.
And lastly can a C&R licensee import C&R's to sell to people/friends/fellow Calgunner? From what I've seen around the forum license holders only buy for themselves. Can they sell to someone else or does this become more of needing a business license and such?
Thanks!

[littlejake]

So we can do a FTF but no C&R can be shipped to someone else without a C&R license? Anyone have the code? Does anyone know the reasoning to this. I know California is the land of laws that make no sense but I was just curious. And also if you buy from an FFL it's a 10 day waiting correct? But a FTF is not.
And lastly can a C&R licensee import C&R's to sell to people/friends/fellow Calgunner? From what I've seen around the forum license holders only buy for themselves. Can they sell to someone else or does this become more of needing a business license and such?
Thanks!

C&R long-guns 50 years old or greater can be transferred FTF between CA residents -- no C&R license required. Most opine that one may do the same non-FTF using a shipping service such as UPS -- I choose not to as I would not know the recipient. The authority is PC 12078 (t)(2).

A C&R licensee may receive a C&R long-guns 50 years old or greater in interstate commerce.

And a C&R licensee who resides in CA may acquire both C&R handguns and long-guns while out of state and bring them into CA. The handguns must be reported to CA DOJ/BOF on a form, and a fee paid.

Buying any C&R or other gun made after 1898 from a CA dealer requires a 10 day wait. If the gun is C&R and the buyer has BOTH a C&R and a CA COE, the 10 day wait can be waived. A C&R license by itself does nothing at a CA dealer.

To import C&R guns with intent to sell is to act as a dealer, and that is expressly forbidden by the C&R license. A C&R license is for the betterment of the license holders collection. You may occasionally sell from your collection -- but if your pattern of acquisitions and dispositions looks like you are dealing, it's a ticket to prison.

[stitchnicklas]

03ffl can import all they want-but if you get caught acting as a dealer your ffl will get yanked
03fffl+coe =no wait at dealer shops,ftf is cash and carry

the other non-ffl holder question i am unclear on

[StephenhDMRS]

Interesting. That pretty much answers my questions. Would be nice if more people were open to sending C&R's by UPS but I understand where that can get a little tricky.

[Russ661]

All CMP weapons are technically C&R and they ship Fedex Overnight, adult signature required.

Silly question: What is a COE?

[Mssr. Eleganté]

All CMP weapons are technically C&R...

That's not correct. Some CMP weapons are not C&R, for example the Remington 40X US and H&R M12 target rifles.

...and they ship Fedex Overnight, adult signature required.

The CMP is exempted by law from Federal restrictions on interstate firearms transfers...

Public Law 104-106

"National Defense Authorization Act for Fiscal Year 1996"

TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY

Section 1614(e)(2) Paragraphs (1), (2), (3), and (5) of section 922(a) of title 18, United States Code, do not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the Corporation of any item that the Corporation is authorized to issue, loan, sell, or receive under this title.

Silly question: What is a COE?

It is a Certificate of Eligibility from CalDOJ. It only comes into play if a C&R FFL is acquiring firearms from a California licensed dealer.

[rsacks]

Can a FFL03 holder in California ship a C&R gun to an out of state FFL03 holder?

Thanks

[paul0660]

Yes they may, and the gun only has to be on the C&R list, and not necessarily 50 years old as well, unless the recipient's state has that requirement.

[rsacks]

Thanks. One more question if I may?

Can a regular dude (non FFL holder) ship a 50+ year old rifle to an out of state person?

[Milsurp Collector]

Thanks. One more question if I may?

Can a regular dude (non FFL holder) ship a 50+ year old rifle to an out of state person?

By Federal law all transfers of a firearm from the resident of one state to the resident of another state must involve a FFL. If the buyer has a FFL-03 (Curio and Relic) and the firearm qualifies as a Curio or Relic then that is good enough. He sends you a copy of his FFL-03 and you can ship it to him. If the buyer doesn't have a FFL-03 then the rifle has to be shipped to a FFL-01 in his state. Some FFL-01 holders will not accept shipment from a non-FFL holder, so in that case you would have to have a FFL-01 in your state ship it to the FFL-01 in the buyer's state.

[rsacks]

Thanks very much, I appreciate it. I always am surprised how helpful people are on this site, it's refreshing.

[dfletcher]

All CMP weapons are technically C&R and they ship Fedex Overnight, adult signature required.

Silly question: What is a COE?

COE is a CA only permit that allows the buyer (with C & R) to cash & carry C & R long guns and handguns with no 10 day wait, no "one per 30" restriction on any handguns (including modern) and, if the online vendors are savvy, no AB 962 ammo restriction. Costs about $100.00 for the 1st year, $22.00 to renew. Great to have if you either like C & R guns, not all C & Rs are +50 - be nice to wak into a gun store and walk out with a 2nd gen Colt SAA or a Smith 53 same day, many other such examples. If you buy a few C & R eligible guns a year the $22.00 cost saves gas & bridge tolls.