is cash and carry legal


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rogdigity
June 13, 2009, 02:48 PM
i asked this in the calguns forum but havent gotten a satisfactory answer just yet.

im just wndering if cash and carry is legal. someone wants to buy one of my rifles from me. i bought the rifle on my C&R. he wants to do cash and carry now. i live in california. he is a texas native stationed in california. my questions:

would this be a legal transfer
what do i need to do
what info do i need to get
what do i put in my C&R bound book

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deadin
June 13, 2009, 03:18 PM
i asked this in the calguns forum but havent gotten a satisfactory answer just yet.

Didn't get a satisfactory answer or didn't get the answer you wanted?

IIRC CA doesn't recognize FFL03's but the Feds do, so you need to satisfy both.

If calguns can't answer your question, you had better just forget the deal.

As far as the C&R goes, A non-resident active military would need to provide a copy of his orders showing him being stationed in CA if he were to buy a firearm from a dealer (FFL01). I would imagine the same thing holds true for a C&R (FFL03). This would cover the Feds. I have no idea what CA requires.

SciFiJim
June 13, 2009, 03:30 PM
As a California resident I can answer you question. Unless the buyer has a FFL01 the answer is no.
You would need to take it to a FFL01 to hold it for the required 10 days.

deadin
June 13, 2009, 03:45 PM
You would need to take it to a FFL01 to hold it for the required 10 days.

Just for my edification. Is this true for both rifles/shotguns and handguns?

SciFiJim
June 13, 2009, 03:48 PM
Unfortunately, in California, it applies to everything.

deadin
June 13, 2009, 04:06 PM
Ouch!!

Telperion
June 13, 2009, 04:46 PM
As a California resident I can answer you question. Unless the buyer has a FFL01 the answer is no.
You would need to take it to a FFL01 to hold it for the required 10 days.
This is false, at least for long guns.

CPC 12072 (d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

CPC 12078 (t)(2)(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

rogdigity
June 13, 2009, 05:09 PM
ya california sucks like that.


it wasnt that i didnt get the answer i wanted, its just that my question never got answered at all. i was looking for a yes or no, not a 'decide your own fate' answer or a 'read and interperate for 'yourself' answer. i got the answer i needed here though.

thanks guys. thank you for that last quote telperion

natman
June 13, 2009, 05:11 PM
Quote:
As a California resident I can answer you question. Unless the buyer has a FFL01 the answer is no.
You would need to take it to a FFL01 to hold it for the required 10 days.

This is false, at least for long guns.


Quote:
CPC 12072 (d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

CPC 12078 (t)(2)(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

You don't need to use an FFL for inside California transfers of a [edit] 50 year old C&R long gun. Since the OP used his C&R to acquire the gun in the first place, it is possible that it is a 50 year old C&R. If the long gun is NOT a 50 year old C&R, then an FFL is required.

All of this is contingent on the buyer being recognized as a California resident.

rogdigity
June 13, 2009, 05:42 PM
thanks natman for being able to understand my question when. seems like not many have been able to

Quiet
June 13, 2009, 06:50 PM
im just wndering if cash and carry is legal. someone wants to buy one of my rifles from me. i bought the rifle on my C&R. he wants to do cash and carry now. i live in california. he is a texas native stationed in california. my questions:

would this be a legal transfer
what do i need to do
what info do i need to get
what do i put in my C&R bound book

It would be a legal transfer, if the rifle is 50+ years old.
Trade rifle for cash, log info down in your bound book.
The buyer's ID (name, DL/ID)
Rifle's info and buyer's info.

You don't need to use an FFL for inside California transfers of a C&R long gun.

CA only allows cash & carry transfers of C&R long guns, if the long gun is 50+ years old.
If the C&R long gun is less than 50 years old or if it's a C&R handgun, then the transfer has to go through a FFL dealer.

For example...
The (Yugo) Zastava M59/66 is a C&R long gun, however it is less than 50 years old. Therefore, it is not legal to do a cash & carry transfer of one in CA, it will need to be transfered through a CA FFL dealer.



Penal Code 12078
(t)(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

deadin
June 13, 2009, 07:11 PM
You still will need to have a copy of his orders as he isn't a CA resident. It is illegal for a C&R licensee to sell to a non-resident. You will need to be able to show that he is active-duty military stationed in CA in your bound book. Just a copy of his non-state DL won't cut it.

natman
June 14, 2009, 05:57 AM
CA only allows cash & carry transfers of C&R long guns, if the long gun is 50+ years old.
If the C&R long gun is less than 50 years old or if it's a C&R handgun, then the transfer has to go through a FFL dealer.

Good catch, original post edited to suit.

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