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CA Cash& Carry C&R law?

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  • Spiggy
    Calguns Addict
    • Mar 2006
    • 8688

    CA Cash& Carry C&R law?

    Hi!

    Just me again, I'm having a fun debate with a good freind regarding the CA Cash&Carry gun law, he's adamant that one could not transfer a C&R without a FFL in between. He'll be bringing in his C&R Handbook and try to counter me by establishing


    "curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement."
    ---

    >Only when purchased by a C&R license holder from a C&R or FFL license holder.


    here's my reply, think it makes sense? I pointed out the definitions of antique firearms AND Curio&Relic, also established the CA Penal code that says PPT is legal (as depicted on the CA Attorney General's public FAQ page) Howd I do?:

    the public FAQ page does not say this, and I'd believe it would be a very important fact to leave out if it's true.


    Piggybacking on the Federal penal code 921(a)(16) of Title 18 I listed

    US Code Title 27, p128 s178.11:

    What is a Curio or Relic, ala Title 27, Code of Federal Regulations (CFR) part 178, section 178.11
    Curios or Relics: Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of
    the following categories:

    (a) Firearms that were manufactured at least 50 years prior to the current date, but not including replicas thereof;
    (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
    (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.

    with that federal code in existance applied to CA PC s12072(d) written on the CA Attorney General's public(meaning non-ffl civies) FAQ page $14

    "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.
    Originally posted by AJAX22
    Anti gun BS...

    Finger print recognition is one more thing that keeps your killamajig from performing its killimafunction
  • #2
    Dr. Peter Venkman
    Veteran Member
    • Oct 2006
    • 4899

    As long as it's private-to-private, no FFL is needed, IIRC. That's how I've gotten my mosin-nagants at gun shows. Those guys don't have FFLs. Just pay the cash and carry.
    sigpic
    "America is not at war. The Marine Corps is at war; America is at the mall."
    Originally posted by berto
    You're right. There's no possible way that CGN members marching alongside the Pink Pistols in the SF Pride Parade can do anything to dispel the stereotype that gun owners are conservative bigots clinging to their guns and bibles. Not a single person in the crowd is rational or reachable because the parade's for gay folks and it's in SF.

    Comment

    • #3
      Spiggy
      Calguns Addict
      • Mar 2006
      • 8688

      right, but I'm looking for the technical details on paper. that's the basis of my argument
      Originally posted by AJAX22
      Anti gun BS...

      Finger print recognition is one more thing that keeps your killamajig from performing its killimafunction

      Comment

      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        Are you just looking for the section of the California PC that says transfers of 50 year old C&R long guns are exempt from the Dealer transfer requirement between two California residents? If so...

        12078(t)(2) Subdivision (d) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
        __________________

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

        Comment

        • #5
          Spiggy
          Calguns Addict
          • Mar 2006
          • 8688

          do you have a link to the document online? I'm citing the information so it doesnt look like my half-cheeked termpapers
          Originally posted by AJAX22
          Anti gun BS...

          Finger print recognition is one more thing that keeps your killamajig from performing its killimafunction

          Comment

          • #6
            Mssr. Eleganté
            Blue Blaze Irregular
            CGN Contributor - Lifetime
            • Oct 2005
            • 10401

            Here is a link to Penal Code Sections 12070 through 12084 on CalDOJ's web site...



            He should also be able to find it in the California section of his big book of state laws that ATF sent him if he has a C&R FFL.
            __________________

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

            Comment

            • #7
              Spiggy
              Calguns Addict
              • Mar 2006
              • 8688

              he should have the books, I'm gonna school him with his own manual :P
              Originally posted by AJAX22
              Anti gun BS...

              Finger print recognition is one more thing that keeps your killamajig from performing its killimafunction

              Comment

              • #8
                metalhead357
                Calguns Addict
                • Jan 2006
                • 5546

                This should be a sticky- I've had to post it tooooooo many times

                From DOJ's FAQ...public questions. #14

                I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

                Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement
                I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
                I am not a number! I am a free man

                1.)All humanity would be better off if Stoooopid hurt.
                2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
                3.)Remember...Buy it cheap & stack it deep

                Comment

                • #9
                  P08
                  Member
                  • Dec 2006
                  • 245

                  C and R

                  Having sold at the Glendale show, they usually warn you to not sell Curios and Relics with the threat of some gun show ordinance prohibiting sales at Ca shows. Does anyone know about this possible regulation?

                  Comment

                  • #10
                    metalhead357
                    Calguns Addict
                    • Jan 2006
                    • 5546

                    Originally posted by P08
                    Having sold at the Glendale show, they usually warn you to not sell Curios and Relics with the threat of some gun show ordinance prohibiting sales at Ca shows. Does anyone know about this possible regulation?
                    Sale of ANY gun in THE PARKING LOT of a gun show is a crime.........
                    I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
                    I am not a number! I am a free man

                    1.)All humanity would be better off if Stoooopid hurt.
                    2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
                    3.)Remember...Buy it cheap & stack it deep

                    Comment

                    • #11
                      kantstudien
                      Senior Member
                      • Oct 2005
                      • 1795

                      Originally posted by metalhead357
                      Sale of ANY gun in THE PARKING LOT of a gun show is a crime.........
                      WTF? Says who? You can cash and carry C&R rifles, location should not matter.

                      Comment

                      • #12
                        metalhead357
                        Calguns Addict
                        • Jan 2006
                        • 5546

                        Originally posted by kantstudien
                        WTF? Says who? You can cash and carry C&R rifles, location should not matter.
                        Never bothered to look up the code-- but its been on every sign outside every gunshow I've been too from Redding to San jose and the cow Palace to Roseville- and all points between............ I dunno; fearful of gremins swapping 'bad juju' beads in the parking lots I guess
                        I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered....
                        I am not a number! I am a free man

                        1.)All humanity would be better off if Stoooopid hurt.
                        2.)Why is it that if guns are sooooo unsafe that you're 9 times more likely to die at the hands of your doctor?
                        3.)Remember...Buy it cheap & stack it deep

                        Comment

                        • #13
                          Spiggy
                          Calguns Addict
                          • Mar 2006
                          • 8688

                          I'd like to hear more about this too, it sounds like someone I should know for my debate
                          Originally posted by AJAX22
                          Anti gun BS...

                          Finger print recognition is one more thing that keeps your killamajig from performing its killimafunction

                          Comment

                          • #14
                            EOD Guy
                            Senior Member
                            • Oct 2005
                            • 1229

                            Originally posted by metalhead357
                            Never bothered to look up the code-- but its been on every sign outside every gunshow I've been too from Redding to San jose and the cow Palace to Roseville- and all points between............ I dunno; fearful of gremins swapping 'bad juju' beads in the parking lots I guess
                            The Penal Code requires the sign, but as far as I know, there is no law that actually prohibits otherwise legal sales.

                            Comment

                            • #15
                              Hunter
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Mar 2006
                              • 1759

                              Originally posted by EOD Guy
                              The Penal Code requires the sign, ....
                              That is correct.
                              PC 12071.1
                              (p) The show producer shall post, in a readily visible location at
                              each entrance to the parking lot at the show, signage that states:
                              "The transfer of firearms on the parking lot of this facility is a
                              crime."
                              Originally posted by EOD Guy
                              ... there is no law that actually prohibits otherwise legal sales.
                              Actually there is for gunshows. But this only appears to apply to a licensed dealer transfering guns...nothing about private parties.

                              PC12071
                              (B) A person licensed pursuant to subdivision (a) may take
                              possession of firearms and commence preparation of registers for the
                              sale, delivery, or transfer of firearms at gun shows or events, as
                              defined in Section 478.100 of Title 27 of the Code of Federal
                              Regulations, or its successor, if the gun show or event is not
                              conducted from any motorized or towed vehicle.

                              Comment

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