C&R out of state transfer

[CifaldiPrecision]

I have a customer who has his C&R license and his COE. He wants to order a luger frame from a gentlemen in NV and he will ship it to me (FFL) but ive never dealt with a C&R before. Is he exempt from the 10 day wait (cash and carry able). How do I determine if its legitimately a C&R item? A little lost here.

Edit: frame has now been assembled into a complete firearm.
Thanks.

[Quiet]

A C&R handgun is exempt from needing to be on the Roster of Handguns Certified for Sale. [PC 32110(g)]

A person with a valid Type 03-FFL (C&R) and valid COE are exempt from the 10 day waiting period on C&R firearms. [PC 26970]

However...
Per Federal regulations (ATF Ruling 85-10), a frame/receiver is not a C&R firearm.

Therefore, the frame/receiver can not be transferred under the C&R exemption.
It needs to be a complete C&R firearm.

[CifaldiPrecision]

So I needs to go through the normal 10 day wait but we also can't do frame receiver transfers into ca as they can't be approved for the drop test if I recall correctly. Is that right?

[Quiet]

Correct, can't transfer the frame/receiver, unless the recipient is a LEO.

[CifaldiPrecision]

I guess I could make the recommendation to have all the parts that he owns shipped to someone to have the Luger fully assembled making it a legit C&R.

[CifaldiPrecision]

Ok back to this. The buyer has told me the seller is no shipping the gun complete. But he also states in his email that he is a C&R with a current COE. So shouldn't the seller be able to ship direct to him? The seller who works in a gun store in nv says he needs a CFLC slip which according to the CFLC FAQ he does not for C&R.

[Mssr. Eleganté]

Ok back to this. The buyer has told me the seller is no shipping the gun complete. But he also states in his email that he is a C&R with a current COE. So shouldn't the seller be able to ship direct to him? The seller who works in a gun store in nv says he needs a CFLC slip which according to the CFLC FAQ he does not for C&R.

California law requires C&R firearms transfers in California to go through a California licensed dealer, unless the C&R firearm is a 50+ year old long gun. The buyer could travel to Nevada in person and acquire a C&R handgun without having to got through a California licensed dealer, but if the seller is shipping it into California then a C&R handgun has to go through a California licensed dealer.

And if you go by ATF's ruling, the stripped frame can't be considered C&R anyway.

[CifaldiPrecision]

The stripped frame is no longer stripped its an assembled firearm so that's been accomplished. My confusion is why does ca DOJ mention under their CFLC FAQ that a CFLC# isn't required for curios. Sounds like (and I'm scouring the ca DOJ codes as we speak) basically treat this transfer like all other transfers except the c&r licensed dealer can cash and carry once it arrives. Trying to find clarification on this portion.


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[kemasa]

Which FAQ? It is easier to see what specifically they are talking about. One I found says that C&R FFL holders don't need a CFLC letter, which they can't get since they are not a dealer (CFLC FAQ #4).

The C&R can be exempt from the 10 day waiting period if the buyer has a C&R FFL and a CA DOJ COE, which makes it close to cash and carry, but you still need to submit the DROS. Since the person has a C&R FFL, they don't need to fill out the 4473.

[CifaldiPrecision]

That actually just answered everything Kemasa thanks.

[Mssr. Eleganté]

The stripped frame is no longer stripped its an assembled firearm so that's been accomplished.

Oh, I thought when you said "the seller is no shipping the gun complete." that "no" was short for "not", but I guess it was short for "now".

[CifaldiPrecision]

Hahaha that's big thumbs little phone keyboard way to fast typing board on a plane. I appreciate all the info. Sometimes I feel dumb asking this stuff but last thing I want to do is interpret something wrong. For instance didn't even think about the incomplete firearm while looking at the other stuff.


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