How does C&R work?

[ke6guj]

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:
<snip>

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

I know who Bruce is, but I don't see the law that says that.


the law states that "(c) All firearms transfers at the gun show or event shall be in accordance with applicable state and federal laws." and that might sound like it means the above, but 50+ year-old C&R longgun transfers can be done FTF without a dealer and still be done while complying with state and federal law, but using the exemptions in the law.

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.

why would you be in trouble if it isn't a violation?

[h0use]

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.

was wondering how do you get a CA certificate of eligiblity?

[ke6guj]

was wondering how do you get a CA certificate of eligiblity?

here you go, http://oag.ca.gov/sites/all/files/pd...rms/coeapp.pdf

[GFRGFR]

OK, I think I can see what the problem is.

I was assuming that in order to be: "A Licensed dealer", as in: "FURTHER CAUTION: California law requires ALL firearms transfers at gun shows to go through a licensed dealer." You had to have an FFL. Apparently that is not the case:

"27220. (a) Within seven calendar days of the commencement of a gun
show or event, but not later than noon on Friday for a show or event
held on a weekend, the producer shall submit a list of all
prospective vendors and designated firearms transfer agents who are
licensed firearms dealers to the Department of Justice for the
purpose of determining whether these prospective vendors and
designated firearms transfer agents possess valid licenses and are
thus eligible to participate as licensed dealers at the show or
event."

Thus it appears that even a vendor who has no FFL can act as a "licensed dealer", in this context.

Can anybody see any objections to that interpretation?

Thanks

[Mssr. Eleganté]

...Thus it appears that even a vendor who has no FFL can act as a "licensed dealer", in this context...

No. You can not act as a "licensed dealer" at the show unless you are really a licensed dealer with an FFL. You are over thinking this. There is no requirement in the law for somebody selling a 50+ year old C&R long gun to be licensed or approved in any way. The web site that you originally quoted was just making a generalization.

[ColdDeadHands1]

How does C&R work? You get a license from the ATF then the next thing you know you are broke with a safe full of 50-100 year old rifles and wooden crates full of old ammo with funny writing all over it.


Or at least I think that's how it works!