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  • footdoc
    Member
    • Apr 2006
    • 165

    CA 03FFL question

    I am planning to rid a few milsurp rifles acquired a decade ago with my 03FFL. I still maintained the 03FFL. The question I have is - it is easier (less troublesome) selling to 03FFL holders out of state than selling to one in California. If I am not mistaken, I can ship straight to 03FFL holder in most states.

    Thanks for your advice.
  • #2
    ????? ????
    Senior Member
    • May 2014
    • 991

    Penal Code section 27545 is the law requiring a dealer for firearms transaction in California.

    Penal Code section 27966 says:
    If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
    (a) The firearm is not a handgun.
    (b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
    (c) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
    (d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
    (e) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.

    The BOF961 Collecotr In-State Acquisition of Curio or Relic Long Gun Report, along with $19, is the form used for dealer-less Curio or Relic transactions inside the state.

    Comment

    • #3
      sfe187
      Banned
      • Sep 2016
      • 1770

      Question #1 - about the same from a seller's position. Also 03/COE Ca buyer can also FTF cash/carry and CFARS with-in 30 days.
      Question #2 - Generally yes but I personally do not know every restrictive State's law on directly shipping to buyer without an using FFL.

      What rifles do you have? list it here first ;-)

      Comment

      • #4
        footdoc
        Member
        • Apr 2006
        • 165

        Thank you for the comments. A friend told me yesterday to only sell/transfer to 01FFL to avoid issues, but I think that is too strict (and too expensive).

        Just to be clear, in CA I may sell FTF C&R rifles to another 03FFL holder who has C0E. If the CA 03FFL buyer does not have COE, then the sale needs to go through 01FFL. Also, I am not able to ship C&R rifles directly to anyone other than 01FFL, right?

        Thanks again for your advice.

        Comment

        • #5
          morrcarr67
          I need a LIFE!!
          • Jul 2010
          • 15018

          Originally posted by footdoc
          Thank you for the comments. A friend told me yesterday to only sell/transfer to 01FFL to avoid issues, but I think that is too strict (and too expensive).

          Just to be clear, in CA I may sell FTF C&R rifles to another 03FFL holder who has C0E. If the CA 03FFL buyer does not have COE, then the sale needs to go through 01FFL. Also, I am not able to ship C&R rifles directly to anyone other than 01FFL, right?

          Thanks again for your advice.
          Correct, the 03 FFL needs a COE to by pass an 01/07.

          You can ship a C&R long gun to an 03 C&R FFL with a COE inside of CA.
          Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

          Originally posted by Erion929

          Comment

          • #6
            SkyHawk
            I need a LIFE!!
            • Sep 2012
            • 23515

            Originally posted by morrcarr67
            Correct, the 03 FFL needs a COE to by pass an 01/07.
            .
            Unless you meet them and transfer outside of CA, then no COE required
            Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

            Comment

            • #7
              Milsurp1
              Veteran Member
              • Aug 2016
              • 3091

              Of note, Oregon and Nevada do not have C&R exceptions in their dealer transfer laws.

              Comment

              • #8
                sfe187
                Banned
                • Sep 2016
                • 1770

                Originally posted by Milsurp1
                Of note, Oregon and Nevada do not have C&R exceptions in their dealer transfer laws.
                However, two non-NV residents (Both 03FFL) conducting FTF C&R transaction with no problems. I have seen an AZ resident sell C&R gun to an OR resident in NV right in front of NV LEO, no issues. Either law does not apply or those NV LEO don't care.

                Comment

                • #9
                  footdoc
                  Member
                  • Apr 2006
                  • 165

                  Glad we got knowledgeable folks here who know the law. Thank you.

                  Comment

                  • #10
                    footdoc
                    Member
                    • Apr 2006
                    • 165

                    I am making a list of C&R long guns for sale. Is it true I may not sell more than 6 C&R long guns to CA residents in a calendar year whether to 03FFL+COE holders or thru 01FFL? How about to out of state 03FFL holders?
                    Thank you.

                    Comment

                    • #11
                      sbo80
                      Senior Member
                      • Apr 2014
                      • 2265

                      The limit is on # of transactions, not # of firearms. You could sell all your guns at once to one buyer, even if it was 50.

                      Comment

                      • #12
                        ????? ????
                        Senior Member
                        • May 2014
                        • 991

                        Under Penal Code section 26500Penal Code section 26520Penal Code section 16730 as:

                        Comment

                        • #13
                          footdoc
                          Member
                          • Apr 2006
                          • 165

                          Thanks for your input.

                          To clarify, as a 03FFL holder, I may not do more than 5 C&R long gun sales transactions to anyone in CA, including 03FFL, 03FFL w/ COE, and 01FFL in one calendar year.

                          Does the same limit rule apply to sales to out of state 03FFL holder?

                          Comment

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