No 4473 for 03FFL. Correct?

[halifax]

Just did a C&R pistol to a collector with a 03FFL and COE. No 10 day wait and no 4473 just log it out of my A/D book. What about lock, sales tax, FSC & SHD?

[ke6guj]

03FFLs with COE are exempt from FSC for C&R transfers. because they are FSC exempt, they are therefore FSD exempt. As for lock, they are exempt from 922(z) because they are an FFL so only CA lock law applies so you could do Safe Affidavit.

[halifax]

Thanks, that's good information right there. Hope someone chimes in on the rest of it.

[kemasa]

What rest? Your questions were answered, or were the statements actually questions?

Oh, sales tax. If the firearm is coming from a private party and is an occasional sale, it would not be subject to sales tax (I have posted the BOE letter regarding this). The BOE uses the excuse that Federal law requires firearms coming in to go through a FFL to claim it is subject to sales tax, but inthe case of a C&R firearm where the buyer has a C&R FFL, it is CA law which requires it to go through a FFL, as Federal law allows for it to go direct.

For C&R firearms, a C&R FFL holder is a licensee, so no 4473 is required. With a COE, a C&R FFL holder is exempt from the waiting period for C&R firearms. All of which you said.

[halifax]

I guess I owe the guy a refund. Thanks

[kemasa]

Do you have documentation that it was from a private party and an occasional sale? If not, then no refund. If you get such a letter (and have reason to believe that it is true and correct), then yes.

Here is a link to the BOE letter:

ljm_F12-04-094-2_noname.pdf