C&R Transfers

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DWalt
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Joined: Sun Dec 05, 2010 1:18 pm
Location: San Antonio & Brackettville TX

C&R Transfers

Post by DWalt »

As I have not done this, can someone explain whether I, as an unlicensed individual, can legally transfer a firearm directly to a holder of a C&R license in another state? I know some states, such as CA, NJ, MA, NY, etc. may have different regulations that could prevent this.

I am planning to list some C&R-eligible long guns on AA and/or GB within the next few months, and it would be helpful to know what the situation is if a successful bidder holds a C&R license regarding whether I can ship them directly to him, or whether they must always go to a dealer.
sighthound
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Re: C&R Transfers

Post by sighthound »

Once had a C & R and did ship and receive directly, some dealers will not ship to C & R because they can't check on ATF web site to determine validity or so they say, area of location seems to make a difference, those in high crime areas, more restrictive states, cities seem less willing to accept C & R. My understanding is with qualified items direct transfer is permitted, best to call your local ATF office for clarification on where you want to ship.
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imfuncity
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Location: 2hrs N of Sac., Tehama Co. CA

Re: C&R Transfers

Post by imfuncity »

A C&R is of minimal value in CA 'cause one still has to go throught an FFL unless it is a FTF w/in the state.

Not be knowing regarding FREE states.
Though defensive violence will always be “a sad necessity” in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men. - St. Augustine
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81police
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Re: C&R Transfers

Post by 81police »

I'd recommend reading some of this here...

http://www.surplusrifle.com/shooting200 ... /index.asp
Cam Woodall
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81police
Posts: 2613
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Location: TEXAS

Re: C&R Transfers

Post by 81police »

and especially here...

http://www.atf.gov/firearms/faq/curios- ... definition

According to ATF's website, if you have a C&R you can sell to a nonlicensed individual in another state, but you have to...

"meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery". LOL, guess you and I aren't selling to NY.
Cam Woodall
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DWalt
Posts: 513
Joined: Sun Dec 05, 2010 1:18 pm
Location: San Antonio & Brackettville TX

Re: C&R Transfers

Post by DWalt »

The following, from the BATFE Q&As shown, indicates that a non-C&R licensee (i.e., me) could make an interstate sale to a C&R licensee and ship the C&R firearm directly to him, so long as a state law (such as NJs) that is more stringent does not conflict with the BATFE statutes.

"Q: Let's say I do not have a license, but my friend does. I own a C&R eligible weapon. I want to sell it in an online auction. Can I have my friend with his C&R license handle the transaction of selling it to another C&R licensee at the end of the auction? Do I have to sell it first to my friend so that it becomes part of his collection before he can dispose of it?"

"A: An unlicensed person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U.S.C. 922(a)(3)and (5), 922(b)(3), 27 CFR 178.29]"

This supports the interpretation I originally had of the C&R license, namely that insofar as only a C&R firearm is involved, and given that there is no state law mandating otherwise, a C&R licensee can legally purchase and receive in interstate commerce a C&R firearm directly from anyone, licensee or not, without a need to run the transaction through a third party FFL licensee at either end. I would assume that for me to make such a sale, it would be prudent to require a signed copy of the buyer's current C&R license prior to making shipment.

Does anyone disagree with this interpretation, especially anyone having first-hand experience in such non-licensee to C&R licensee interstate sales transactions?
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