Question regarding C&R Long Gun sale to CA FFL

[BigRedTrojan]

Hi all, appreciate your insight here.

I am in process of selling a long gun (ww2 rifle) that qualifies for C&R to a CA resident who is a 003 FFL holder as well as COE approved.

I am also arranging to sell some 8mm mauser ammunition to that person as well.

Am I able to just meet with them to sell them my rifle and ammunition without a gunstore FFL as an intermediary?

As far as I was told, I was informed that only the buyer (CA 003 FFL and COE) needs to file paperwork with the CA DOJ. Do I (as the seller) need to file anything or get anything signed in writing (a purchase contract perhaps)?

Thank you kindly in advance for your time and insight.

[Quiet]

Hi all, appreciate your insight here.

I am in process of selling a long gun (ww2 rifle) that qualifies for C&R to a CA resident who is a 003 FFL holder as well as COE approved.

I am also arranging to sell some 8mm mauser ammunition to that person as well.

Am I able to just meet with them to sell them my rifle and ammunition without a gunstore FFL as an intermediary?

As far as I was told, I was informed that only the buyer (CA 003 FFL and COE) needs to file paperwork with the CA DOJ. Do I (as the seller) need to file anything or get anything signed in writing (a purchase contract perhaps)?

Thank you kindly in advance for your time and insight.

Short answer:

Yes, as long as the transferee (buyer) has a valid C&R 03-FFL and valid COE, then the transfer of the C&R long gun and the ammunition is exempt from needing to be transferred through a CA FFL dealer.
The transferee will need your info for their bound book and for the report they are required to submit to CA DOJ.


Long answer:

Requirements for the C&R firearm exemption from needing to be transferred through a CA FFL dealer: [PC 27966]
1. The firearm is a C&R long gun. [PC 27966(a),(b)]
2. The transferee (buyer) has a valid C&R 03-FFL and valid COE. [PC 27966(c),(d)]
3. Within 30 days of acquiring the C&R long gun, the transferee reports the transfer to CA DOJ. [PC 27966(e)]

Requirements for the C&R exemption for ammunition needing to be transferred through a CA DOJ licensed ammunition vendor or CA FFL dealer: [PC 30312(c)(6)]
1. The CA transferee (buyer) has a valid C&R 03-FFL and valid COE. [PC 30312(c)(6)]
2. The non-resident of CA transferee has a valid 03-FFL. [PC 30312(c)(5)]


The transferee (buyer) is required to record the transferor's info in their 03-FFL bound book.

The transferee is required to report the C&R long gun transfer to CA DOJ by submitting a completed Collector In-State Acquisition of C&R Long Gun Report (BOF 961).

The transferee is not required to report the transfer of ammunition to CA DOJ.

The transferor (seller) is not required to report the transfer of firearms or ammunition to CA DOJ.

The transferor can voluntarily report the firearm transfer to CA DOJ by submitting a Notice of No Longer in Possession (BOF 4546).
^This requires transferee's name, address, phone number and a copy of the completed Collector In-State Acquisition of C&R Long Gun Report (BOF 961).

The transferor can make a bill of sale for the C&R long gun and/or ammunition and retain a copy for their records.
The transferor can request a copy of the transferee's C&R 03-FFL and COE for their records.
The transferee can request a copy of the transferor's valid CA DL/ID for their records and for the required report to CA DOJ.



Penal Code 27545
Where neither party to the transaction holds a dealer’s license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

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.

Penal Code 30312
(a)(1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.
(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.
(b) Commencing January 1, 2018, the sale, delivery, or transfer of ownership of ammunition by any party may only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.
(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following:
(5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.