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  • dinkydau
    Member
    • Oct 2011
    • 394

    Possible Straw purchase question

    A friend of mine live in orange County. He and I both have our 03FFL's. I also have the COE. If I purchase a C&R longgun here in the bay area or central valley and wait a week or so to visit him, then he and I do enter the firearm I purchased up here, in our log books to transfer ownership to him from me, is that a straw purchase?
    The person I will be buying from will have their 03 FFL too. There is a C&R which my friend may take and I can get it for him up here.
    Please any thoughts and comments.
  • #2
    JackReacher
    Banned
    • Jan 2014
    • 54

    Not a straw purchase.

    Comment

    • #3
      Raptor3000
      Veteran Member
      • Jul 2011
      • 2837

      Originally posted by dinkydau
      A friend of mine live in orange County. He and I both have our 03FFL's. I also have the COE. If I purchase a C&R longgun here in the bay area or central valley and wait a week or so to visit him, then he and I do enter the firearm I purchased up here, in our log books to transfer ownership to him from me, is that a straw purchase?
      The person I will be buying from will have their 03 FFL too. There is a C&R which my friend may take and I can get it for him up here.
      Please any thoughts and comments.

      Is it still possible to transfer C&R long guns between FFL03s with in the state without going through FFL01? I thought that has changed in 2014.

      thanks

      Comment

      • #4
        Armistice
        Veteran Member
        • May 2013
        • 2668

        Originally posted by Raptor3000
        Is it still possible to transfer C&R long guns between FFL03s with in the state without going through FFL01? I thought that has changed in 2014.

        thanks
        Not sure if both need it, but buyer needs an 03 and COE to circumvent the 01 transfer

        As for the OP, not a straw purchase. A straw purchase is if the 3rd buyer gives you money for the firearm

        Since you're buying it with YOUR money, then selling it, it's not a straw purchase
        March 29- April 5, 2019- The Million Mag March. Thank you, Judge Benitez and all the vendors

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        Judging from the last shoot I think we are the wrong group to ask about sighting in Mosins haha.
        Originally posted by knucklehead0202
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        • #5
          Flyin Brian
          CGN/CGSSA Contributor
          • Oct 2009
          • 3395

          Originally posted by JackReacher
          Not a straw purchase.
          I love straight and to the point answers, but maybe you could give a little explanation on to how anyone could spin this into a legal transaction?


          Originally posted by dinkydau
          A friend of mine live in orange County. He and I both have our 03FFL's. I also have the COE. If I purchase a C&R longgun here in the bay area or central valley and wait a week or so to visit him, then he and I do enter the firearm I purchased up here, in our log books to transfer ownership to him from me, is that a straw purchase?
          The person I will be buying from will have their 03 FFL too. There is a C&R which my friend may take and I can get it for him up here.
          Please any thoughts and comments.
          In my opinion, it all depends on the intent. If your intent in buying this rifle is to help your buddy find a way to get the rifle without going through an 01FFL transfer, it is a straw purchase. If you bought the rifle for yourself and a week later lost interest and decided to sell it... that's a different story.

          OP, does your buddy in Orange County have a COE? If not, how are you planning to transfer it to him FTF? You would need to transfer it to him using an 01FFL and do a DROS.

          You need to consider that if you use your C&R/COE to buy the rifle, you would still need to register it by sending in the form and $19 to the DOJ. Just because you turned around and sold it shortly after the purchase, I doubt that would cancel out the requirement for you to register it.
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          I collect Military Arms and enjoy shooting in local matches. I also collect older Lever Actions, especially those chambered in odd/old cartridges. If you have a nice old Winchester or Marlin in 25-20, 32-40, 38-55, 40-60, 45-70, etc etc, please PM me and we can work out a deal.

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          Comment

          • #6
            finloq
            Senior Member
            • Dec 2009
            • 523

            As I understand it, you would have to send in the $19/form to the CADOJ and then he would have to do the same as he purchased the rifle from you. If somebody from the CADOJ actually reviews them, they may ask why the same gun was registered twice within a few days.
            "Self-realization. I was thinking of the immortal words of Socrates, who said, "... I drank what?"

            Comment

            • #7
              dinkydau
              Member
              • Oct 2011
              • 394

              Thanx for all your input. What is the number of the form I send to CADOJ with the $19 money order?
              We both have 03's, however I also have my COE too.

              Comment

              • #8
                CSACANNONEER
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Dec 2006
                • 44093

                Buying a firearm with the INTENT of reselling it (profit has nothing to do with it) requires an 01 or 07FFL. It sounds to me that it's risking your FFL and possibly some sort of federal gun running charges.
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                • #9
                  finloq
                  Senior Member
                  • Dec 2009
                  • 523

                  Originally posted by dinkydau
                  Thanx for all your input. What is the number of the form I send to CADOJ with the $19 money order?
                  We both have 03's, however I also have my COE too.



                  "Self-realization. I was thinking of the immortal words of Socrates, who said, "... I drank what?"

                  Comment

                  • #10
                    Irrelavant
                    Member
                    • Oct 2013
                    • 356

                    Originally posted by dinkydau
                    Thanx for all your input. What is the number of the form I send to CADOJ with the $19 money order?
                    We both have 03's, however I also have my COE too.
                    Keep in mind you will need to transfer to your buddy through an 01-FFL, or he can get his COE. Mine only took 1 week.

                    Comment

                    • #11
                      morrcarr67
                      I need a LIFE!!
                      • Jul 2010
                      • 15018

                      That is not the C&R form.

                      Sent from my DROID RAZR HD using Tapatalk
                      Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                      Originally posted by Erion929

                      Comment

                      • #12
                        TRICKSTER
                        I need a LIFE!!
                        • Mar 2008
                        • 12438

                        This is the form and as mentioned, your friend would also need to have a COE in order to accept the gun directly from you and he would also need to register it.


                        Never underestimate the power of stupid people in large groups

                        Comment

                        • #13
                          emcon5
                          Veteran Member
                          • Sep 2009
                          • 3347

                          Originally posted by CSACANNONEER
                          Buying a firearm with the INTENT of reselling it (profit has nothing to do with it) requires an 01 or 07FFL. It sounds to me that it's risking your FFL and possibly some sort of federal gun running charges.
                          This.

                          Your 03 FFL is to improve your collection. Not to help you buddy improve his.

                          Comment

                          • #14
                            dinkydau
                            Member
                            • Oct 2011
                            • 394

                            All the replies and comments very well put and noted. I just wanted to be clear of all the ins and outs. Certainly I don't want to put my 03 and COE in jeopardy. I want to be "up and up" and make sure every transaction, exchange and so forth is going right.
                            My friend has wanted a Swiss K31 for sometime but don't know how much he is willing to pay. I have a few Mosin 91/30's and one Mosin M44. This would look good with the others. Down the line, maybe if my friend wants to pay me for the K31 sometime, then I may consider it. Down the line meaning a few months away or so.
                            Thank you all again for clearing this up for me.

                            Comment

                            • #15
                              SanPedroShooter
                              Calguns Addict
                              • Jan 2010
                              • 9732

                              It seems like intent is the one clear factor in a lot of these transactions.

                              Would your transaction stand up to scrutiny down the line? Buying a gun with the clear intent to sell it to someone else is against the rules of an 03FFL as far as I know.

                              I wouldn't sweat it to much, buying and selling to further your collection is what the 03 is for.

                              Side note: Does anyone know what the statute of limitations is on failure to register? I thought it was two years.

                              It used to be in the CGF wiki, but I cant find it now.

                              Comment

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