C&R Sale Question

[michiganfan]

I have accumulated three or four mil suprs on my C&R. As I understand the law I can sell these guns as long as I am "not engaged in the sale of firearms" on a regular basis. Is my understanding correct? Second question if I do sell these it does not have to be to a FFL or a C&R holder. In other words if I am going to sell a couple of rifles I've had for a couple of years simply because I dont use them then that is ok and I can sell them to anybody that would otherwise qualify?

 

[Chipperman]

yes you can sell them to private individuals. You must just do your best to make sure they are legally able to own them. Take down driver's license and CCW info if they have one. Log the sale in the "disposition" section of your Bound Book.

Some states have guidlines about how many guns you can sell privately, but there is no specific number set out in the C&R license. Just make sure that it is clear to ATF, should you ever get audited, that you were buying and selling to "enhance your collection" not as a business.

 

[Bear Gulch]

Remember to keep good records as they will be turned into the ATF whenyou end having a c&R, even if you upgrade to a full ffl.

 

[Chipperman]

Your bound book does not have to be turned in to the ATF if you stop your license.

 

[Bear Gulch]

No, but records of all your acquisitions and sales do. Along with the original license. This applies even to C&R's. I had wanted to keep my 03 but when I was approved for my 01 they told me to turn in all of my old records.

 

[Hkmp5sd]

but records of all your acquisitions and sales do. Along with the original license. This applies even to C&R's.

Not Required.

(G8) Are licensed collectors required to turn in their acquisition/ disposition records to ATF if their collector's license is not renewed or they discontinue their collecting activity?

No. The GCA requires the delivery of required records to the Government within 30 days after a firearms "business" is discontinued. A license as a collector of curios or relics does not authorize any business with respect to firearms. This is in contrast to firearms importers, manufacturers, and dealers who are licensed to engage in a firearms business. Therefore, the records required to be kept by licensed collectors under the law and regulations are not business records and are not required to be turned in to ATF when collector's licenses are not renewed or collecting activity under such licenses is discontinued.[18 U. S. C. 923( g)( 4), 27 CFR 178.127]

http://www.atf.treas.gov/firearms/faq/faq2.htm#g8

I had wanted to keep my 03 but when I was approved for my 01 they told me to turn in all of my old records.

I used to maintain an 03-FFL and 01-FFL at the same time. I am not aware of anything that prevents a person from doing so.

 

[Bear Gulch]

Guys all I am reporting is what they made me do last month when my 03 lapsed on the 1st and my 01 didn't arrive until the 21st. I asked the inspector repeatedly and was told that was what I was required to do!

 

[Car Knocker]

Doesn't mean that he gave you the correct information.

 

[Bear Gulch]

That would seem to be the case. I'll be asking for my records back on Monday!

 

[Chipperman]

Sounds like the guy gave you incorrect info. Not surprising, though.

They will of course always err on the side that gives them the most information and power.

 

[Bear Gulch]

Without a doubt. They also make it seem that approval of the 01 is conditional upon playing along.

 

[Bear Gulch]

Well, Monday I went and got my mail. In it there was a envelope from the DOJ. Inside were all my records and a letter that states: "Due to changes in AFT regulations concerning collectors, you ar not requiredto send these to us anymore."

So not only were you fellows right, but the folks at the ATF did the right thing. I makes mme feel better about things when the government follows the rules!