Selling to nonlicensee

[Telperion]

If a C&R holder wants to sell a C&R longgun to a nonlicensee, does the transaction need to go through a 01 FFL?

[EBWhite]

I believe as long as the gun is 50+ years old then you can do a cash and carry.

[Mssr. Eleganté]

EBWhite is correct. did I just say that?

You just need to get the buyer's name, address, date of birth and driver's license number for your bound book. If the buyer is from out of state then the transaction has to take place face to face at your licensed premises.

[EBWhite]

Now, lets say the buyer and seller are both non-licensed. I believe if the CR/50 years old+ is still met, cash and carry can be done without any record keeping or paperwork.

[-hanko]

Now, lets say the buyer and seller are both non-licensed. I believe if the CR/50 years old+ is still met, cash and carry can be done without any record keeping or paperwork.

correct

-hanko

[artherd]

I believe as long as the gun is 50+ years old AND not an assault weapon, MG, SBR, or AOW. then you can do a cash and carry.

No 50 year old ARs unfortunately (and yes I tried )

[SemiAutoSam]

WHat about a stoner ? how old would that weapon be ?

Does anyone have the BATF blue book ? on C & R's ???

[kenc9]

EBWhite is correct. did I just say that?

You just need to get the buyer's name, address, date of birth and driver's license number for your bound book. If the buyer is from out of state then the transaction has to take place face to face at your licensed premises.

As far as I know you can not sell to a person of another state unless they have a C&R or it goes to a 01 FFL. Every gun show I have asked the operator and is the rule that buyers must be of this state OR have a C&R. Californians may be a face to face or C&R or 01 FFL.

-ken

[ocabj]

I've sold two C&R rifles to a non-licensee (a friend of mine at the club). All I asked to see was his driver's license and took down his address, DL #, and DOB to enter in my books for the disposition.

[Mssr. Eleganté]

As far as I know you can not sell to a person of another state unless they have a C&R or it goes to a 01 FFL. Every gun show I have asked the operator and is the rule that buyers must be of this state OR have a C&R. Californians may be a face to face or C&R or 01 FFL.

-ken

The Firearms Owners Protection Act of 1986 changed the law so that an FFL can sell long guns to an unlicensed out of state resident, as long as the transaction takes place at the FFL's licensed premises. The transaction just has to be legal in both states. So in California, a California C&R FFL can sell C&R long guns that are at least 50 years old to an unlicensed out of state resident, as long as the transaction takes place at the C&R FFL's licensed premises and as long as the transaction is legal in the buyers state too.

[kenc9]

I looked that over and can't seem to find the area that says someone of one state and buy a C&R in another state at their FFL's licensed premises.

If you have the time can you link to that for me for future use?

Thanks

[EOD Guy]

I looked that over and can't seem to find the area that says someone of one state and buy a C&R in another state at their FFL's licensed premises.

If you have the time can you link to that for me for future use?

Thanks

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.96 Out-of-State and mail order sales.


(c)(1) A licensed importer, licensed manufacturer, or licensed
dealer may sell or deliver a rifle or shotgun, and a licensed collector
may sell or deliver a rifle or shotgun that is a curio or relic to a
nonlicensed resident of a State other than the State in which the
licensee's place of business is located if--

(i) The purchaser meets with the licensee in person at the
licensee's premises to accomplish the transfer, sale, and delivery of
the rifle or shotgun;

(ii) The licensed importer, licensed manufacturer, or licensed
dealer complies with the provisions of Sec. 478.102;

(iii) The purchaser furnishes to the licensed importer, licensed
manufacturer, or licensed dealer the firearms transaction record, Form
4473, required by Sec. 478.124; and

(iv) The sale, delivery, and receipt of the rifle or shotgun fully
comply with the legal conditions of sale in both such States.

(ii) and (iii) do not apply to a licensed collector.


Here is a link to the entire Code of Federal Regulations:

Code of Federal Regulations

[kenc9]

Thanks EOD, most of my buying and selling have been in state at gun shows or face to face.

-ken