I have an early SKS for sale that I bought via FFL transfer. IS it still eligible for sale as a C&R or am I now stuck with selling it via another FFL transfer?
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C&R/FFL question
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How you originally acquired it has no effect on the C&R status of the firearm.__________________
"Knowledge is power... For REAL!" - Jack Austin -
If it's 50 years old, or older, you may sell it to another CA resident without going through a dealer. The old PC numbering for this was: 12078(t)(2) -- not sure what it is under the renumbered PC. How you received it does not matter. This transfer method will change on 01/01/2014.Life Member NRA and 2A Foundation.
My posts are my own opinions and do not reflect those of any organization I am a member of.
Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
William Pitt (1759-1806)Comment
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Check the numbers/letters they will usually tell you what year it was made. If you trust the person you are selling it to then you can sell it anyway. The burden of proof is not really on you in the end. There was a lot of fud spread here about the Yugo model 59 not being C&R by a bunch of speculators but many in the know got them shipped to their doors. Chances are very-very good it is 50+ or generally considered so (remember the burden). You can also have the buyer self register (copy for you with private info redacted) the rifle for $19 if you want extra assurance and accurate records "just in case".Comment
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New PC numbers...If it's 50 years old, or older, you may sell it to another CA resident without going through a dealer. The old PC numbering for this was: 12078(t)(2) -- not sure what it is under the renumbered PC. How you received it does not matter. This transfer method will change on 01/01/2014.
Penal Code 27965
(a) If all of the following requirements are satisfied, Section 27545 does not apply to the sale, loan, or transfer of a firearm:
(1) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic manufactured at least 50 years prior to the current date but is not a replica, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(b) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
Penal Code 27966
Commencing January 1, 2014, if all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.sigpic
"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).Comment
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