if i sell a firearm to another state does it count against my dros

[rromeo]

Thanks everyone. Since I'm an FFL03 plus COE holder I can ship long guns directly to person in other states and CA for C&R? Or are there states that prohibit that?

I know all my handgun will have to go to a dealer regardless of age and most being off roster.

C&R handguns can ship directly to an 03 FFL holder in most states.
Obviously there are some that prohibit C&R transactions of any type.

[rromeo]

Even the ATF does not have a number for being a dealer. They see the same guys every month with a table at a different gun show, and they say "knock it off or we will be stern with you again at the next gun show."

[Milsurp1]

Oregon is one of the states that does not allow its residents who have a C&R license to purchase direct.

[sbo80]

Even the ATF does not have a number for being a dealer. They see the same guys every month with a table at a different gun show, and they say "knock it off or we will be stern with you again at the next gun show."

That may be, but in CA the letter of the law is 5. Now would a DA bring charges for selling 6 guns in a year? Probably not. But could they? Absolutely.

[Quiet]

Do you know their reason for doing so in NV?

NV universal background check laws went into effect on 01-02-2020.

Those laws requires all firearm transfers to be done through a NV FFL dealer.

There is no exemptions for C&R firearms and no exemptions for a person with a valid C&R 03-FFL.

There is an exemption for antique firearms.

I still haven't figured out the official reason that CA stopped direct shipments to FFL03s as the original wording of the bill that created the law here would have exempted FFL03s.

That exemption was removed before it was signed into law.

Since 01-01-2015, CA laws...
Requires a CA resident to utilize a CA FFL dealer to legally import firearms into CA. [PC 27585(a)]
Provides an exemption to this, if the CA resident has a valid C&R 03-FFL and physically acquires a C&R firearm out-of-state and brings that C&R firearm into CA and reports it to CA DOJ BOF within 5 days of returning to CA with the C&R firearm. [PC 27585(b)(1) and 27565]

[Wheellock]

Do you know their reason for doing so in NV?

I can probably be traced to a bunch of people from CA moving to NV, because they were dissatisfied with CA. Once they got there, they thought "this isn't like CA, let's change it so it is; there's no way that could backfire!".

And that's why most of the country dislikes us.

[sbo80]

^again, that may be true, but it doesn't make it legal. The purpose as explicitly stated in the penal code is to limit all people to 5 transactions, period. You probably won't get pulled over for driving 5mph over the speed limit either. That doesn't make it legal. Make your own decisions about risk, and the possibility of the consequences of what you do.

[CartridgeCalls]

When I dispose of a C&R do I just log it in the disposition of my log book or do I have to file in the cfars online?

[Quiet]

When I dispose of a C&R do I just log it in the disposition of my log book or do I have to file in the cfars online?

Under Federal laws/regulations...

If you have a valid C&R 03-FFL, then all C&R firearms that you transfer, in or out, must be logged in your bound book.

Under CA laws/regulations...

There is no requirement for the transferor of a firearm to report the transfer to CA DOJ.

Firearms that are transferred through a CA FFL dealer are reported as part of the DROS process.

There are requirements for the transferee of a firearm to report the transfer to CA DOJ, when the transfer is exempt from needing to be done through a CA FFL dealer.

If the firearm transfer is not done through a CA FFL dealer due to being exempt or due to the transfer occurring out-of-state, then the transferor can voluntarily report the transfer to CA DOJ.

Therefore...

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R firearm through a CA FFL dealer:
1. That person must record the transaction in their bound book.
2. There is no reporting requirement to CA DOJ due it being done by the CA DROS system.

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R long gun to a person, in CA, with a valid C&R 03-FFL and valid COE:
1. Both persons must record the transaction in their bound book.
2. The person acquiring the C&R long gun must report the transaction to CA DOJ.
3. There is no requirement for the person disposing of the C&R long gun to report the transaction to CA DOJ.

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R firearm through or to an out-of-state FFL:
1. That person must record the transaction in their bound book.
2. There is no requirement for the person disposing of the C&R firearm to report the transaction to CA DOJ.

[CartridgeCalls]

Under Federal laws/regulations...

If you have a valid C&R 03-FFL, then all C&R firearms that you transfer, in or out, must be logged in your bound book.

Under CA laws/regulations...

There is no requirement for the transferor of a firearm to report the transfer to CA DOJ.

Firearms that are transferred through a CA FFL dealer are reported as part of the DROS process.

There are requirements for the transferee of a firearm to report the transfer to CA DOJ, when the transfer is exempt from needing to be done through a CA FFL dealer.

If the firearm transfer is not done through a CA FFL dealer due to being exempt or due to the transfer occurring out-of-state, then the transferor can voluntarily report the transfer to CA DOJ.

Therefore...

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R firearm through a CA FFL dealer:
1. That person must record the transaction in their bound book.
2. There is no reporting requirement to CA DOJ due it being done by the CA DROS system.

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R long gun to a person, in CA, with a valid C&R 03-FFL and valid COE:
1. Both persons must record the transaction in their bound book.
2. The person acquiring the C&R long gun must report the transaction to CA DOJ.
3. There is no requirement for the person disposing of the C&R long gun to report the transaction to CA DOJ.

As a CA resident, with a valid C&R 03-FFL, that is transferring a C&R firearm through or to an out-of-state FFL:
1. That person must record the transaction in their bound book.
2. There is no requirement for the person disposing of the C&R firearm to report the transaction to CA DOJ.

Thanks for the clarification. It is being transferred out of state

[Bolt_Action]

Doesn't CA PC 26530 specifically exempt any transfers made to a dealer with a Type 07 FFL from the CA law regulating the maximum number of sales?

So if you want to sell a large number of firearms, perhaps the one way to accomplish this would be to transfer the firearms to a Type 07 FFL, and have that dealer sell them for you on consignment?

[CartridgeCalls]

Consignments are a joke. They charge way to much. But I appreciate the idea.

[Quiet]

Doesn't CA PC 26530 specifically exempt any transfers made to a dealer with a Type 07 FFL from the CA law regulating the maximum number of sales?

So if you want to sell a large number of firearms, perhaps the one way to accomplish this would be to transfer the firearms to a Type 07 FFL, and have that dealer sell them for you on consignment?

PC 26530 = only applies to transfers between Type 07-FFLs and Type 08-FFLs.



Penal Code 26530
Section 26500 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

[Bolt_Action]

PC 26530 = only applies to transfers between Type 07-FFLs and Type 08-FFLs.



Penal Code 26530
Section 26500 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Quiet, doesn’t the “or to” language contained in 26530 specifically mean that transfers *to* type-07 FFLs are exempt? The “to” language is in addition to the “between” language.

[CartridgeCalls]

Maybe I'll upgrade my FFL03 plus COE to an ffl07