Online out of state C & R purchase

[poliziotto]

I purchased a C & R long gun from an out of state gun shop on line. After sending payment and a copy of my Class 3, I was told by the shop that they could not ship to California. They say they will be able to arrange shipment to my local FFL dealer. My question is: once the firearm gets to my FFL, do I have to go through the whole DROS process and waiting period? I wasn't able to find an answer to this question on past threads, so I'll ask and see if anyone can give me an idea. Thanks.

[stitchnicklas]

the seller is a jerk,if you have a 03ffl you can have the c&r long gun sent straight to you(unless local law prohibits). if they did not ship to me i would not do the sell,i would waste my money on a local ffl's fees..


my .02 cents

[Palimino Stripe]

once the firearm gets to my FFL, do I have to go through the whole DROS process and waiting period?

Yes- and here's the fun part: The FFL will charge you a transfer fee. SOME people (in certain areas) are lucky and 'only' have to pay approximately $30-$40. Others like myself have to pay $70-$100+.

The good news though is that the 10 day waiting period starts happening while the rifle is being shipped to you...

[emcon5]

the seller is a jerk,if you have a 03ffl you can have the c&r long gun sent straight to you(unless local law prohibits). if they did not ship to me i would not do the sell,i would waste my money on a local ffl's fees..

This.

[Milsurp Collector]

I purchased a C & R long gun from an out of state gun shop on line. After sending payment and a copy of my Class 3, I was told by the shop that they could not ship to California. They say they will be able to arrange shipment to my local FFL dealer. My question is: once the firearm gets to my FFL, do I have to go through the whole DROS process and waiting period? I wasn't able to find an answer to this question on past threads, so I'll ask and see if anyone can give me an idea. Thanks.

We discussed this 2 days ago http://www.calguns.net/calgunforum/s...d.php?t=323299

If you have a FFL-03 (Curio and Relic) and you are buying a C&R-eligible long gun you are the same as any other FFL-03 in the country. No special rules apply and you don't have to go through the CFLC system. Send the seller this link and tell him to look at item #4 http://www.ag.ca.gov/firearms/cflcfaqs.php#4 He can ship the firearm to you just as he would if you lived in any other state.

V. TRANSACTIONS EXEMPT FROM PENAL CODE SECTION 12072(d).

A. TRANSFERS OF LONG GUN C&RS OVER 50 YEARS OLD BETWEEN PRIVATE PARTIES

Penal Code section 12078(t)(2) exempts the infrequent transfer of rifles or shotguns that are both "curios or relics" and that are at least 50 years old from the requirements of Penal Code section 12072(d).

Specifically, Section 12078 (t)(2) exemption provides that:

Subdivision (d) of Section 12072 shall not apply to the infrequent3 sale, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, 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 178.11 of Title 27 of the Code of Federal Regulations.

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 licensed dealer.

Nothing in the Penal Code prohibits such transaction where the source of the transfer is an out-of-state party. Nothing in the Penal Code requires the recipient to possess a Certificate of Eligibility.

Nor is the recipient from a non-licensee required to complete a Dealer Record of Sale form or undergo a background check.

Penal Code section 12078(t)(2) does not apply to transactions involving a "California dealer" because Penal Code section 12072(d) only applies to transactions where neither party is a "California dealer." If the transferor is a California Licensee, then the general firearm transfer rules apply, with one exception applying to long-guns.

Nothing in the Penal Code prohibits a "licensed collector"from receiving a curio or relic long-gun from out-of-state. In fact, certain procedures are in place to facilitate the importation of curio or relics. With regard to transfers by out-of-state federal firearm licensees to "licensed collectors," California law requires certain procedures be followed.

Thus, out-of-state sales of firearms, including "curios or relics," to "California dealers" are permitted.

Thus, out-of-state FFL may transfer firearms to California FFLs that are not California licensed dealers if the recipient FFL provides proof that they are exempt from licensure under California law and that such a transaction is exempt from the provisions of 12072(d).

Collectors not in the business of selling firearms are not required to become "California dealers" 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 thought to be acquiring firearms for their collection. Thus, a "licensed collector" 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).

http://www.calgunlaws.com/index.php/topic-summaries/506-a-brief-explanation-of-antique-curio-and-relic-firearms.html

[Eat Dirt]

the seller is a jerk,if you have a 03ffl you can have the c&r long gun sent straight to you(unless local law prohibits). if they did not ship to me i would not do the sell,i would waste my money on a local ffl's fees..


my .02 cents

I'll throw in another .02 cents

[paul0660]

How old is the gun?

[poliziotto]

Thanks for the responses. The firearm is over 90 years old. I explained to him that I've made several out of state C & R purchases, but all he would say was that he couldn't ship to CA. Apparently he found some other person that would and now I waiting for the rifle to get to my FFL. Just curious, regarding the waiting period starting upon the shipment of the rifle, can you point me to a source regarding that? Again thanks for all the input on this. Lesson learned.

[stitchnicklas]

no waiting period if you have a 03ffl and it is a long gun,if you have coe then no waiting for handguns either--->>both c&r

[M. D. Van Norman]

Maybe this shop had done a few sales to California already this year and had thus used up its exemption for C&R rifles and shotguns over 50 years old.

[Flintlock Tom]

Yes- and here's the fun part: The FFL will charge you a transfer fee. SOME people (in certain areas) are lucky and 'only' have to pay approximately $30-$40. Others like myself have to pay $70-$100+.

The good news though is that the 10 day waiting period starts happening while the rifle is being shipped to you...

I have never heard of a FFL 01 dealer who will start a DROS before he has the gun in-hand.

no waiting period if you have a 03ffl and it is a long gun,

I don't believe this is correct.

[halifax]

I have never heard of a FFL 01 dealer who will start a DROS before he has the gun in-hand.

Doesn't mean it doesn't happen.

I don't believe this is correct.

"COLLECTOR" is an exemption for the waiting period (03FFL + COE)

[Josh3239]

An 03 FFL does not allow you to waive the waiting period on a C&R bought from a dealer within California. You need a COE to do that. Whether it is a long arms or a pistol plays no part in it. They both have to wait if you lack a combo 03 - COE, you cash and carry both after DROS if you have the combo.

no waiting period if you have a 03ffl and it is a long gun,if you have coe then no waiting for handguns either--->>both c&r

[hypnoman]

The part that bites is the Ca ffl dealer can charge for bringing the gun in, can make you wait 10 days AND charge you outrageous fees, taking much of the fun in having a 03 ffl (c&r collector). This out of state dealer has given you the shaft with this kind of action. If he does not enlightening himself with the truth and allow you the privileges you have earned, I think you should expose his identity so other Calguns c&r collectors can know and avoid doing business with him . . .

Back out of that bad deal any way you can!

[hypnoman]

I believe once the c&r long arm is dealer transferred in Cali to you . . . you can now ftf cash and carry to the next buyer . . . just be sure you check that the person can legally purchase a firearm (do a bill of sale) and check CDL and (Protect Your Assets) by keeping the documentation . . . in case you are ever asked.

Of course those who don't trust this process can request their next buyer to dros thru a dealer . . .