C&R sales to Ca resedent /w out of state DL...

[Nylo]

I have a rifle up for sale and was contacted by a member who has been a resident of Ca. since 2009, but does not hold a valid Ca drives license... Rather he has an out of state license and want to buy the rifle. He said he has already purchased two C&R firearms this way in Ca.

Upon any FTF sales of a C&R I always request a photo copy of the buyers DL /w current resident on that license. I also hold a No. 3 FFL and put all C&R sales in my books, whether I need to or not.

Note: If you are a new resident of Ca. you have 10 days to to get a DL, and 20 to reg your vehicle(s.)

Whats your feed-back on this.

Thanks,
Nylo

[ke6guj]

hmm, if that C&R rifle is over 50-years old, CA law would allow you to sell it to a non-resident.

And federal law would allow ou to sell you to an out-of-state resident, as long as you do the transfer at your licensed premises. So, I'm guessing that you would be fine on this. I'd probably copy his out-of-state ID and list both addresses. Probably be worth a call to ATF to get their opinion on this.

and put all C&R sales in my books, whether I need to or not.

well, since you you need to log all C&R transactions that occur WHILE you are licensed, that would be a good idea.

[Nylo]

hmm, if that C&R rifle is over 50-years old, CA law would allow you to sell it to a non-resident.

And federal law would allow ou to sell you to an out-of-state resident, as long as you do the transfer at your licensed premises. So, I'm guessing that you would be fine on this. I'd probably copy his out-of-state ID and list both addresses. Probably be worth a call to ATF to get their opinion on this.

well, since you you need to log all C&R transactions that occur WHILE you are licensed, that would be a good idea.

I am aware all is legal, but if something goes wrong Kali will no doubt come after me. The item in question is an assault rifle. Since I did purchase this item with my #3 FFL the sales has to go into my book so I'm a bit over cautious.

I know what the BATF would say. Since the buyer isn't a resident of PRK he probably would need a C&R FFL since legally he lives out of the state. He basically has been a non-resident living in CA since 2005.

In all probably nothing would go wrong, but I'm just not willing to take a chance.

[ke6guj]

I am aware all is legal, but if something goes wrong Kali will no doubt come after me. The item in question is an assault rifle. Since I did purchase this item with my #3 FFL the sales has to go into my book so I'm a bit over cautious.

well, if it is an assault rifle that meets the CA definitionn of an AW, you can't sell it to him anyways.

it doesn't matter that you purchased the item with your 03FFL, if it is a C&R firearm and you buy or sell it, you must log the transaction in your bound book.

I know what the BATF would say. Since the buyer isn't a resident of PRK he probably would need a C&R FFL since legally he lives out of the state. He basically has been a non-resident living in CA since 2005.

no, BATF would say that if you are an 03FFL, you can sell to a non-resident that doesn't have an 03FFL, provided you do the transaction at your licensed premises.


Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) 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; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

[27 CFR 478.96 (c)(1)]

http://www.atf.gov/firearms/faq/curios-relics.html#out-of-state-sale

In all probably nothing would go wrong, but I'm just not willing to take a chance.

at that is the bottom line, if you aren't comfortable about the deal, don't do it.

[Nylo]

well, if it is an assault rifle that meets the CA definitionn of an AW, you can't sell it to him anyways.

it doesn't matter that you purchased the item with your 03FFL, if it is a C&R firearm and you buy or sell it, you must log the transaction in your bound book.


no, BATF would say that if you are an 03FFL, you can sell to a non-resident that doesn't have an 03FFL, provided you do the transaction at your licensed premises.


Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) 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; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

[27 CFR 478.96 (c)(1)]

http://www.atf.gov/firearms/faq/curios-relics.html#out-of-state-sale

at that is the bottom line, if you aren't comfortable about the deal, don't do it.

Its a 50's SKS which is not considered a AR in Ca. but it really is. Its a moot point.

Re: [27 CFR 478.96 (c)(1)] I understand this. The issue is he is not living in the state (since 2005) to which he states he is a resident. If he had a #3 FFL I would do the deal, but he does not.