Selling C&R to 03 FFL

[Elite Armory]

Hello,

What are the laws around an 01 FFL shipping a C&R Rifle to an 03 FFL? Do we have to go through the CFLC process with them in CA? Anything else I would need to watch out for in CA and outside of CA?

Thanks!

[Chaos47]

You're kinda asking a couple of questions all at once that have different and conflicting answers.
There's 3 possible combinations of FFL01 to FFL03 rifle transfers that deal with CA that I can think up right now and they each have different rules:
1: FFL03 in CA buying from FFL01 in CA
2: FFL03 in CA buying from FFL01 outside CA
3: FFL03 outside CA buying from FFL01 in CA

1:
As far as I understand it a FFL03 in CA does not have any special ability to buy a rifle from an FFL01 in CA.

For example if I walk into a gun shop with my FFL03 in CA and want to buy a Mosin. The FFL03 does no good and the sale would be done just like any other normal sale, DROS and wait.
So I assume that would apply to shipping it to them.. you can't as it has to be DROS'd.

2:
As I understand it an out of state FFL01 can ship to a FFL03 in CA without a CFLC. (AIM, J&G, Classic etc are all FFL01's that deal with C&R that ship to FFL03 in CA)

3:
And unfortunately when it comes to this I am not sure what a FFL01 in CA does to ship to an FFL03 in a different state.
I would assume it would fall to Federal norms.
But I am sure someone will come along that does.

[kemasa]

I believe, but I am not sure, that you can ship a C&R long gun to a person in CA who has a C&R FFL. Since they are not a dealer, no CFLC is needed. I recall there was something strange about selling the firearm in person.

There is no 4473 needed since you are transferring it to a licensee (in the case of a C&R firearm to a C&R FFL holder).

There is no issue with shipping a C&R firearm out of CA.

[Mssr. Eleganté]

For this answer I'm assuming you are a Type 01 FFL and a California licensed dealer...

Selling to California C&R FFLs:

You can't ship any firearms to California C&R FFLs. They need to come in and do the DROS and pick the firearm up in person. If the California C&R FFL also has a COE then there is no waiting period for C&R firearms. They can take them home as soon as the DROS clears. If they don't have a COE then they have to do the 10 day wait. With or without a COE you do not have to do the Form 4473 when transferring a C&R firearm to a C&R FFL. Record their FFL# in your bound book when you log the C&R firearm out to them. Keep a signed copy of their FFL.

Selling to out of state C&R FFLs

No DROS and no waiting period on any C&R firearms you sell to C&R FFLs who reside outside of California. No Form 4473 either. Cash and carry. Just log the C&R firearms out to them from your bound book and keep a signed copy of their FFL. This applies whether they come to your shop in person or if you are shipping to them outside of California.

[kemasa]

Do you have a reference for the claim that you can't ship C&R long guns to a CA C&R FFL holder from a CA FFL dealer?

It as been a while since I talked to the CA DOJ about it, but I don't know that is correct. There is a difference between long guns and handguns for C&Rs.

[Mssr. Eleganté]

Do you have a reference for the claim that you can't ship C&R long guns to a CA C&R FFL holder from a CA FFL dealer?

It as been a while since I talked to the CA DOJ about it, but I don't know that is correct.

The penal code says California licensed dealers have to DROS firearms that they sell. The penal code gives a list of exemptions to this requirement. There is no exemption for transfers to California C&R FFLs. I can't show you the lack of an exemption because there is nothing to show.

There is a difference between long guns and handguns for C&Rs.

Not for sales or transfers by California licensed dealers (except for the 1 handgun per month thing). C&R handguns and C&R long guns are treated differently "when neither party to the transaction is a California licensed dealer." I'm assuming that Elite Armory is a California licensed dealer, which means he treats C&R handguns and C&R long guns the same (except for the one handgun per month thing).

[wchutt]

Can anyone confirm post #4 is still accurate? Searched for any newer info, but could not find anything more up-to-date. Specifically FFL01 shipping to out of state 03.

[kemasa]

No problem that I am aware of in shipping to an out of state C&R FFL holder for C&R firearms. You can call the BATF to confirm the C&R FFL status, which is a good idea. Ezcheck does not work with C&R FFL holders.

Not sure about in CA transfer to an out of state C&R FFL holder. I would have to check into that before doing something like that.