How does C&R work?

[1Luv4SF]

I've heard from gun stores that u cannot take home a C&R gun w/o having a C&R license or something. But the people at the gun shows say all you need is you DL and u can take it home immediately w/o a background check. Whats the deal? Is there shady business going on?

[w55]

I've heard from gun stores that u cannot take home a C&R gun w/o having a C&R license or something. But the people at the gun shows say all you need is you DL and u can take it home immediately w/o a background check. Whats the deal? Is there shady business going on?

Nothing shady. Someone with more knowledge will fill in the legalities.

[rromeo]

If you buy a C&R rifle over 50 years old from a private party, it is cash & carry. If you buy a C&R gun from a gun store in California, it is a 10 day wait unless you have a C&R FFL plus a CA Certificate of Eligibility.

[hk91666]

If you buy a C&R rifle over 50 years old from a private party, it is cash & carry. If you buy a C&R gun from a gun store in California, it is a 10 day wait unless you have a C&R FFL plus a CA Certificate of Eligibility.

With a C&R License you can purchase C&R LONG GUNS from out of state and have them mailed or shipped to your home. C&R Handguns from out of State go the way of other handguns but DO not have to be on the list of safe guns due to C&R handguns being exempt. you would as reported above do a DROS and wait 10 days.

[TheExpertish]

I've heard from gun stores that u cannot take home a C&R gun w/o having a C&R license or something. But the people at the gun shows say all you need is you DL and u can take it home immediately w/o a background check. Whats the deal? Is there shady business going on?

The guys have touched on it a bit. Anyone who is NOT a dealer can sell you a long gun that is 50+ years old with just your DL. If it's from a dealer or ANY handgun (antiques aside), you need to do the usual 10+ day wait through a DROS.

An actual C&R license really isn't much use for buying guns IN Cali.

[Chaos47]

Nothing shady about it, except how poorly our laws are written.

[GOEX FFF]

As others have pointed out, a C&R (50+ years old for CA) Long gun transaction between two non prohibited private party CA residents is C&C. It's not "shady", because it's perfectly legal.

However, come Feb 2014, AB809 Long gun reg will take effect where an 03 holder to buy IN CA becomes valuable. But along with an 03, you will then also need a COE to C&C from another private party CA resident, then like C&R handguns that are purchased out-of state and brought back, you will need to send DOJ a reg form along with $19.00 for each in and out of state C&R long gun transaction. Then your usual bound book entry as normal.
The only good thing IF/when 809 takes effect, is the "50+ year only" rule in CA goes away and will entitle ALL C&R's in CA to be that of which is defined a C&R Federally.

[1Luv4SF]

Thanks guys. That clears it up. And it makes sense but I assumed the gun show vendors were dealers and not private parties.

[emptybottle151]

Damn I saw a guy walking around the last gun show with a mosin and a for sell sign on it.

[hk91666]

Thanks guys. That clears it up. And it makes sense but I assumed the gun show vendors were dealers and not private parties.

Gun shows have 3 types of people, 01FFL's, Private parties, & 03FFL licensed collectors. The last 2 can get you a gun C&C however an 01FFL will run DROS on anything they sell no matter how old it is because they have to.

[1Luv4SF]

Got it thanks

[GFRGFR]

Can anybody answer this question?

I think it has been established that a long-gun that falls into the Curio and Relic category can legally be transferred between two private parties within California (as long as the recipient is allowed to own firearms), without the ten day waiting period or the background check.

However I have heard:

http://www.gunlaw.com/index.php?option=com_content&task=view&id=19&Itemid=89

The following:

"FURTHER CAUTION: California law requires ALL firearms transfers at gun shows to go through a licensed dealer."

Which I take to mean that even if the gun is a C&R and the other requirements are met - you still have to go through the licensed dealer (FFL) process if the transfer occurs AT A GUN SHOW. Is this correct?

Thanks in advance.

[Syntax Error]

Cash and carry deals happen all the time with C&Rs. You're good.

[ke6guj]

Can anybody answer this question?

I think it has been established that a long-gun that falls into the Curio and Relic category can legally be transferred between two private parties within California (as long as the recipient is allowed to own firearms), without the ten day waiting period or the background check.

However I have heard:

http://www.gunlaw.com/index.php?option=com_content&task=view&id=19&Itemid=89

The following:

"FURTHER CAUTION: California law requires ALL firearms transfers at gun shows to go through a licensed dealer."

Which I take to mean that even if the gun is a C&R and the other requirements are met - you still have to go through the licensed dealer (FFL) process if the transfer occurs AT A GUN SHOW. Is this correct?

Thanks in advance.

that would be a summary of the law that fails to explain the C&R exemptions to the law.

[GFRGFR]

Sorry to be tedious about this but the lawyer I referenced (Bruce Colodny), actually went into quite a bit of detail about C&Rs vis:

"To California arms collectors the primary benefit of Curio or Relic status is that state law presently allows direct transfers of Curio or Relic LONG ARMS ONLY between private parties not prohibited from owning firearms, provided the firearm is a Curio or Relic firearm AT LEAST 50 YEARS OLD.

CAUTION: Figure out how you can PROVE IN COURT the age of the firearm involved BEFORE you choose to participate in a transfer of a Curio or Relic long arm with another private party.

FURTHER CAUTION: California law requires ALL firearms transfers at gun shows to go through a licensed dealer.

Many California dealers buy and sell Curio or Relic firearms, but transfers of these arms by dealers are usually subject to the same formalities and waiting period as modern firearms".

This is not an insignificant point. Many people like to voluntarily register their firearms. The voluntary registration form has boxes indicating where you purchased the firearm. Two of the options are: "Private-Party", and "at a gun show". If you put: "at a gun show" and the guy didn't have a class 03 FFL you could be in trouble.