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C&R Transfers

Posted: Fri Feb 18, 2011 5:33 pm
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.

Re: C&R Transfers

Posted: Fri Feb 18, 2011 6:07 pm
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.

Re: C&R Transfers

Posted: Fri Feb 18, 2011 7:02 pm
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.

Re: C&R Transfers

Posted: Fri Feb 18, 2011 9:58 pm
by 81police
I'd recommend reading some of this here...

http://www.surplusrifle.com/shooting200 ... /index.asp

Re: C&R Transfers

Posted: Fri Feb 18, 2011 9:59 pm
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.

Re: C&R Transfers

Posted: Fri Feb 18, 2011 10:30 pm
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?