FFL03 as the seller

[pingpong]

[19K]

[ronlglock]

FFL03 as the seller

[Quiet]

I remember in the good ol’ days, FFL03 holders were able to sell C&R long guns to non-holders without going through an FFL01 for a PPT. Is this still the case, or did this also get cut when they gimped the FFL03 in CA?

Starting 01-01-2014, if the firearm is a C&R long gun and the buyer has a valid C&R 03-FFL and a valid COE, then the transfer, within CA, is exempt from needing to be be done through a CA FFL dealer. [PC 27966]

If the firearm is a non-C&R long gun, then it must be transferred through a CA FFL dealer. [PC 27545]

If the buyer only has a valid C&R 03-FFL, then it must be transferred through a CA FFL dealer. [PC 27545]



Penal Code 27966
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.

[Nardo1895]

Are you sure about that? Do other FFLs do it that way?

I know you are correct about the way to avoid the 10 day wait, but this is the first I've heard no 4473 and no A&D. I suppose the no 4473 make sense since ATF doesn't require one C&R to C&R. So I guess no A&D is an extension of that? Does that only apply when both are C&R, or does it also apply when only the buyer is?

[Achelous]

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From Federal Firearms Licensee Quick Reference and Best Practices Guide ATF Publication 5300.15 Revised December 2021.

https://www.atf.gov/firearms/federal-firearms-licensee-quick-reference-and-best-practices-guide

ATF Form 4473Exceptions to the ATF Form 4473 Requirement

You are not required to obtain an ATF Form 4473 for the following sales and other transfers:

1. Transfer of a firearm to another FFL (including collectors when transferring a Curio & Relic firearm);

2. The return of a repaired firearm to the person from whom it was received;

3. The sale of a firearm to a law enforcement agency or to a law enforcement officer for official duties if the transaction meets the requirements of 27 CFR 478.134, discussed in the Sales of Firearms to Law Enforcement Officers section of this guide; or,

4. Transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received. However, you are required by 27 CFR 478.125 to maintain in your permanent records the disposition of such a replacement firearm.