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another CFCL issue between 03 FFL & 01 FFL...

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  • icormba
    Senior Member
    • Oct 2005
    • 1826

    another CFCL issue between 03 FFL & 01 FFL...

    Well,
    I (thought) made a great trade for one of my IBM carbines for a Rock-ola Carbine with a guy in PA. The guy in PA does not hold a 03 or 01 FFL so I shipped the IBM to his 01FFL. Now his 01FFL is requesting my CFCL before they will ship the Rock-ola to me!

    This is the info I forwarded:

    CFCL numbers only apply to California 01 FFL Dealers. 03 FFL holders are exempt from that silly law.

    Here's the exemption memo direct from the California DOJ site:


    The very first paragraph states that this law does not apply to type 03 and type 06 FFL's.


    The 01 FFL in PA said... "NO GO!"

    Now I am out a Rock-ola and a IBM!!!!!! What should I do next?

    p.s. I am a 03 FFL holder.
    Chris
    http://www.m1garand.net
  • #2
    halifax
    Veteran Member
    • Oct 2005
    • 4440

    Yea, it's BS. But if he won't ship it to you maybe find an 01FFL to receive it for you. It's difficult to argue with stupid people.
    Jim


    sigpic

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    • #3
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      YOu could maybe use Freakshow to middleman it to you. http://www.calguns.net/calgunforum/s...d.php?t=114794
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

      Comment

      • #4
        Full Clip
        I need a LIFE!!
        • Dec 2006
        • 10260

        The law is doing exactly what was intended: Disrupting interstate commerce.

        Comment

        • #5
          Mssr. Eleganté
          Blue Blaze Irregular
          CGN Contributor - Lifetime
          • Oct 2005
          • 10401

          Why don't you just ask the seller to get his carbine back from his local Dealer so he can ship it to you himself? I don't understand why he even used an FFL on his end. An FFL is not required to ship the gun.
          __________________

          "Knowledge is power... For REAL!" - Jack Austin

          Comment

          • #6
            icormba
            Senior Member
            • Oct 2005
            • 1826

            Originally posted by Amendment II
            Why don't you just ask the seller to get his carbine back from his local Dealer so he can ship it to you himself? I don't understand why he even used an FFL on his end. An FFL is not required to ship the gun.
            That's what I told him originally but he ran into issues with FedEx, UPS, and DHL.
            Chris
            http://www.m1garand.net

            Comment

            • #7
              darkest2000
              Senior Member
              • Oct 2006
              • 1401

              Contact the ATF and have them straighten things out with the 01FFL in question. They're clearly in the wrong.
              www.collectordesignwerks.com

              Comment

              • #8
                scfast
                Senior Member
                • Jan 2008
                • 691

                Originally posted by icormba
                That's what I told him originally but he ran into issues with FedEx, UPS, and DHL.
                Issues with the carrier's? I think the seller is just blowing smoke up your ***..I have never once had carrier ask more than whats in the package and i reply a long gun and they ask if there is any ammo i reply no done deal..
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                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Originally posted by icormba
                  That's what I told him originally but he ran into issues with FedEx, UPS, and DHL.
                  DHL doesn't ship firearms, and FedEx doesn't allow for an unlicensed person to ship to a C&R FFL. But UPS rules allow for it. He should make sure he was trying to ship it from a real UPS facility and not a "UPS Store" franchise. He can also ship it via the US Postal Service.
                  __________________

                  "Knowledge is power... For REAL!" - Jack Austin

                  Comment

                  • #10
                    scfast
                    Senior Member
                    • Jan 2008
                    • 691

                    Originally posted by Amendment II
                    DHL doesn't ship firearms, and FedEx doesn't allow for an unlicensed person to ship to a C&R FFL. But UPS rules allow for it. He should make sure he was trying to ship it from a real UPS facility and not a "UPS Store" franchise. He can also ship it via the US Postal Service.
                    Since when does fedex even ask those kinds of questions?I have never been asked anything about the recipient..by ups or fedex with dhl i am clueless...
                    sigpic

                    Comment

                    • #11
                      darkest2000
                      Senior Member
                      • Oct 2006
                      • 1401

                      They ask what the item is if you want insurance on the package. Also since federal law requires that you verbally inform the shipper that the package contains a firearm, it doesn't make things any easier.

                      On one hand you want to do the right thing and inform the shipper, on the other hand it's really a lot less headache if you just keep your mouth shut (and hope the package gets delivered without incident).

                      Originally posted by scfast
                      Since when does fedex even ask those kinds of questions?I have never been asked anything about the recipient..by ups or fedex with dhl i am clueless...
                      www.collectordesignwerks.com

                      Comment

                      • #12
                        icormba
                        Senior Member
                        • Oct 2005
                        • 1826

                        Originally posted by darkest2000
                        They ask what the item is if you want insurance on the package. Also since federal law requires that you verbally inform the shipper that the package contains a firearm, it doesn't make things any easier.

                        On one hand you want to do the right thing and inform the shipper, on the other hand it's really a lot less headache if you just keep your mouth shut (and hope the package gets delivered without incident).
                        Correct!

                        The words I used when I filled out the self service label when I got into the UPS center were...
                        "CMP rifle (DO NOT post these contents to package)"

                        The UPS clerk then calls me up, scans the label into the system, gives me a total of $18, I pay, and I'm out of there.
                        Chris
                        http://www.m1garand.net

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by darkest2000
                          Also since federal law requires that you verbally inform the shipper that the package contains a firearm, it doesn't make things any easier.
                          Got a code section on that?


                          Because I know of this code that says that you have to notify in writing if being shipped to "any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector,". If shipped to one of those listed people, no written notification is required.

                          Now, getting an insurance payment if you violated the carriers regs is different, but you would be ok federally.
                          Sec. 178.31 Delivery by common or contract carrier.

                          (a) No person shall knowingly deliver or cause to be delivered to
                          any common or contract carrier for transportation or shipment in
                          interstate or foreign commerce to any person other than a licensed
                          importer, licensed manufacturer, licensed dealer, or licensed collector,
                          any package or other container in which there is any firearm or
                          ammunition without written notice to the carrier that such firearm or
                          ammunition is being transported or shipped:
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            RaceDay
                            Senior Member
                            • Apr 2006
                            • 1013

                            Originally posted by scfast
                            Issues with the carrier's? I think the seller is just blowing smoke up your ***..I have never once had carrier ask more than whats in the package and i reply a long gun and they ask if there is any ammo i reply no done deal..
                            +1 to that. A lot of what this guy is saying sounds fishy. He should just go to the dang UPS hub and mail the rifle to you.

                            Either that or have the FFL01 return your rifle and cover all your costs.

                            Comment

                            • #15
                              dfletcher
                              I need a LIFE!!
                              • Dec 2006
                              • 14787

                              The sending FFL Dealer probably has no incentive to listen to you, maybe the seller can either convince him or go to a UPS hub & mail the thing directly to you. Hubs send & receive long guns all the time.

                              Or, foolish as it may sound, have the PA FFL send it to a CA FFL dealer for you? I know - it costs more $$$ and is unneeded, but what else is there to do?
                              Last edited by dfletcher; 08-13-2008, 1:37 AM.
                              GOA Member & SAF Life Member

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