C&R FFL question--purchasing from a private seller?

[Don Gwinn]

I'm closing a trade with a gentleman in Alabama in which I will send a modern revolver (thus it'll have to go to his FFL.) However, the gun he's sending is a Mauser made in the early 1900s. It has been sporterized, but should still be C&R eligible.

Here's my question: I hold a C&R FFL, but I don't think the other guy does. Can I follow the normal procedure of sending him a signed copy of my 03 FFL and having the gun shipped directly to my home? I know an 01 FFL (business-type) can use his FFL to buy from a private seller without jumping through hoops, but then he's licensed to engage in a business, too, as I am not.

It's not that I'm cheap, exactly, but. . . well, I paid for the license already, right? I like to think of it as being frugal.

 

[Carlos]

Yes, you should be able to do that. With your 03 FFL in hand, in case UPS or other shipper asks questions, he can prove that the weapon is going to a licensed person.

As far as whether that rifle is still C&R, after modification, I'm not quite sure there.

 

[Greg L]

I believe that you would be ok with that. He is after all sending the rifle to a FFL (a C&R FFL but still a FFL).

Greg

 

[CZ-75]

Your ATF "rules" bookletof firearms laws, somewhere in the back, where they have the FAQ, there should be info on this.

I believe the language is that you may mail a long gun to anyone authorized to receive it - you in this case, as an 03.

 

[BenW]

I also believe you're fine on a C&R transfer as per the ATF regs. What red flagged me in your post was that the rifle has been sporterized. I seem to recall reading a section of the regs that stated once a C&R has been significantly changed, i.e., sporterized, it is no longer a C&R and must go through the same paperwork as a modern firearm would. I'm at work so I don't have the book in front of me, but maybe someone else can verify?

 

[Kharn]

BenW:
I believe the modification clause only applies to guns listed by the ATF for their collector value (like the EG and Russian Makarovs), not guns that are C&R due to their age (like the Mauser in question, as its over 50 years old).

Kharn

 

[Hkmp5sd]

A firearm may be considered a C&R essentially by two methods. One is if the firearm is older than 50 years and the other is if it is designated a C&R by ATF.

A firearm loses it's C&R status if it is not in it's original configuration.

ATF Ruling 85-10

Moreover, ATF's classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics and surplus military firearms not in their original military configuration were not generally recognized as curios or relics by ATF since they were not of special interest or value as collector's items.

So, while not in it's original configuration, the Mauser is a C&R by age and can be shipped from a private individual to a licensed collector.

BTW, the collector can only import C&R military rifles that are in their original military configuration, regardless of age.