SELLING a gun when I have a C&R


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TexasRifleman
January 3, 2006, 04:38 PM
What if I want to sell one of the K31's I bought with my C&R?

From a Federal standpoint am I an FFL seller or a private seller?
Do I have to get a NICS check done on the person I sell to?
What goes in my bound book? Are there time limits on how long I have to keep something before I can sell it?

I've never sold anything I bought with my C&R before, so I'm uncertain.

Thanks as always.

Specifically I am interested in buying a batch of rifles, keeping the best few, and selling the rest. I must buy the rifles in groups of 10 however to get the best price, and I don't need 10 of these to be sure.

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fredcwdoc
January 3, 2006, 06:01 PM
Sorry about the double post but I can't seem to delete the damn thing.

fredcwdoc
January 3, 2006, 06:03 PM
When you received your C&R you should have gotten a book of rules and regulations. It explains it all in that book.

I believe you are allowed to sell only to add to your collection. Selling one K-31 should be no problem. If you start buying rifles in batches of 10, say you sell 6 and continue to do that then it may be a problem. If this is a one time deal then I don't see a problem. Your adding to your collection.

I sold a total of 4 rifles last year and all went to other C&R dealers so there was no paperwork involved except to log it out of my book to them and they log it into their book from me.

When I read the regulations it was kind of a gray area. I've only had mine for a year so I will be interested in what others have to say. It seems to me that if you start doing NICS checks, 4473's, etc. then you have gone past the meaning of the C&R and into sales.

TexasRifleman
January 3, 2006, 06:06 PM
Yeah, I got the book. It's about as vague as anything I've read. As long as I don't "do business", but who knows what that means.

I believe you are allowed to sell only to add to your collection.

It doesn't really say that, it's so ridiculously vague.

I want 2 nice K31's. If I buy 10 to get the best 2, and sell the rest at cost, that doesn't seem to be "doing business" to me. The regs don't speak to quantities or anything like that but I can't be the first person to run into this surely.

kfranz
January 3, 2006, 06:15 PM
What if I want to sell one of the K31's I bought with my C&R?

From a Federal standpoint am I an FFL seller or a private seller?
Do I have to get a NICS check done on the person I sell to?
What goes in my bound book? Are there time limits on how long I have to keep something before I can sell it?

I've never sold anything I bought with my C&R before, so I'm uncertain.

Thanks as always.

Specifically I am interested in buying a batch of rifles, keeping the best few, and selling the rest. I must buy the rifles in groups of 10 however to get the best price, and I don't need 10 of these to be sure.

You are an FFL, not a private seller. You do not have access to the NICS system as an 03. You have a bound book, right? If so, fill in the info in the disposition side. There is no time limit. Do NOT "engage in the business" and you'll be just fine.

http://www.geocities.com/Yosemite/Gorge/4653/cnrbiz02.htm

TexasRifleman
January 3, 2006, 06:28 PM
Thanks for that link, that's exactly what I was looking for. Appreciate it!

DMK
January 3, 2006, 07:51 PM
If they have a C&R licence or another type of FFL, get a signed copy of that for your records and record their name and FFL# in the disposition side of your book. If they don't have any licence (and you aren't going through a dealer, ie. face to face, in state transfer), record their name and address and try to get a photocopy of their concealed carry permit, drivers licence, or at least record their licence #. It's not required, but it's CYA as proof of age. You don't want to accidently sell a firearm to a minor and if they have a CCP, you know they aren't a felon. Check your state laws (in the thicker of the two firearms laws books). In my state, if you are selling a handgun you are required by law to get a copy of their handgun purchase permit or see their concealed carry licence.

AJ Dual
January 3, 2006, 11:30 PM
(Someone feel free to correct me if I am wrong, but IIRC, IANAL, YMMV etc. This is my understanding with my 03 FFL. I allowed my license to expire this fall due to the financial pressures of four babies in two years, but I digress... :D )

You can sell in-state to:

Non-licensees who are otherwise not a prohibited person in accordance with your state laws. Fill in your bound book with pertinent info, DL # or other identifying document.

In-state 03 C&R FFL's. Fill out your bound book with pertinent info and the FFL #.

In-state 01 FFL's. Fill out your bound book with pertinent info and the FFL #.

You can sell out-state to:

In-state 03 C&R FFL's. Fill out your bound book with pertinent info and the FFL #.

Out-state 01 FFL's. Fill out your bound book with pertinent info and the FFL #.

If you enjoyed reading about "SELLING a gun when I have a C&R" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!