C&R- seller refuses to ship except to FFL

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evan price

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I'm enhancing my S&W collecting now that I got a C&R.

I'm interested in a particular Smith & Wesson in factory nickel. The seller lists that he will ship a gun to a C&R as long as you do the research to prove that the gun is a C&R. It's a shop that seems to use a standard boilerplate ad for all their auctions.

The specific gun is obviously a long-action pre WWII model, "MADE IN USA" on the side of the frame, mushroom ejector knob. The gun is pretty nice but not special. Unless I miss my guess it should date to pre-1930 or thereabouts.

I sent them an email in which I enclosed a quotation of the federal regulations for what constitutes a C&R (Item #1 is any gun that is over 50 years old). I also pointed out that any pre-WWII S&W was by default over 50 years old.

The seller responded that a C&R gun is ONLY a C&R gun if it is specifically listed by serial number in the C&R book. To get in the C&R book it has to be meeting one of the three criteria.

Well, this is NOT what the statute says.

At least I am trying to work this out BEFORE bidding.

Guy won't budge and will only ship to a FFL.

It's not like the $30 transfer fee kills me, but it takes a marginal deal and makes it not that great.

Have I somehow misinterpreted something?

The text from the ATF says:
Curios or relics.
Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;

(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and

(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
 
Seller is wrong and you're right.

However, the seller sounds like a dealer who probably doesn't make a substantial amount of his profit from C&R guns. It's not worth the time or risk of losing his FFL to him to take a chance on shipping you the gun. Much more efficient for him and much less possible legal hassle to just say it has to be SPECIFICALLY listed.

It's not worth the hassle trying to educate him. Probably wouldn't do you any good anyway, my experience has been that they're not eager to learn about the nitty-gritty of the C&R. I'd eat the $30 transfer fee if I wanted the gun bad enough, or just find another gun and deal with someone who knows the C&R regs.
 
You're right legally, but he's under no obligation to ship to a C&R holder if he doesn't want to.

Ask if he's willing to ship USPS to an actual FFL. Shipping should be around $10, compared to $25-35 shipped overnight to a C&R (since C&R guys can't receive guns via USPS).

Priority mail shipping + FFL transfer fee often coming out to about the same as overnight shipping to myself was a primary reason for me allowing my C&R to expire. Plus I'm not home during the day so I had to keep driving to the UPS or Fedex hub to pickup my guns (which is farther away than the FFL dealer I use). With that plus MidwayUSA dropping their dealer discount program it just wasn't worth the cost and the regulatory hassle of having one anymore.
 
You are correct. The seller is wrong. However, it doesn't matter. Some will claim that it must be on "the" ATF list. Others will tell you that they will not accept a C&R because they have no way to verify the document like with EZ Check. They are ignorant, because there is actually an ATF number to call for C&R's. The only reason why the list is not available publicly is due to privacy concerns.
 
FFL's are under no obligation to accept a C&R. I was told by one Pawn Store and another LGS they they don't accept a C&R for a C&R firearm.
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Well, a C&R is an FFL (Federal Firearms License). His is an FFL too but a different type.
He's not following the law so are we to accept his FFL?

Yes, it's up to him whether to sell it to you or not but not because he doesn't like the C&R.

C&R is just as valid as his FFL.
 
People don't realize that a C&R holder IS an FFL.

Sounds like the seller isn't very knowledgeable about the firearm he is selling.

Even if you have the firearm shipped to an FFL and the FFL accepts C&R transfers, the FFL is probably going to still charge you.
 
I have not encountered this before but I've read more than once about sellers who only consider listed C&Rs antique. I think it a matter of being paranoid. Back in the Clinton years when many FFLs were more skittish than whitetails I had a dealer insist on doing a 4473 on a muzzle loader "because it had a serial number".

Mike
 
(since C&R guys can't receive guns via USPS)


Huh?

:confused:

"b.Firearms meeting the definition of a handgun under 431.2, which are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest, may be accepted for mailing without regard to the restrictions provided for handguns in Exhibit 432.25 and in 432.21 through 432.24. "


Basically, as I read this, If it's on the C&R list it can be mailed to *anyone*....


Willie

.
 
(since C&R guys can't receive guns via USPS)


Huh?

:confused:

"b.Firearms meeting the definition of a handgun under 431.2, which are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest, may be accepted for mailing without regard to the restrictions provided for handguns in Exhibit 432.25 and in 432.21 through 432.24. "


Basically, as I read this, If it's on the C&R list it can be mailed to *anyone*....


Willie

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Yep. A C&R holder can't _send_ a handgun USPS, but can receive anything and everything USPS. Most (non-C&R) FFL's I've dealt with won't send a C&R handgun USPS but that's a business choice, not a policy/law matter.

Matt
 
Why can't a licensed dealer mail a handgun to an 03FFL?

When dealers and manufacturers mail a firearm other than a rifle or shotgun, they are required by USPS to submit a USPS Form 1508 "Statement by Shipper of Firearms".


http://about.usps.com/forms/ps1508.pdf
The undersigned is a manufacturer of firearms or bona fide dealer therein, and the parcels presented for mailing herewith are customary trade shipments or other articles for repair or replacement of parts. To the best of my knowledge and belief, the addresses are manufacturers of firearms or bona fide dealers therein.

Note that licensed collectors are not mentioned. A dealer or manufacturer mailing a handgun would be committing perjury by signing the Form 1508 and mailing to a licensed collector (or anyone not a licensed dealer or manufacturer).
 
I had a deal go south with the Cajun pawn stars people once. They shipped a c&r w no signature so UPS left it at my door. Someone must have known what a rifle shaped box looked pike and walked off with it.. Went around with them for a few months. Ups said they wouldn't pay because it wasn't shipped with signature so they were not liable. I called the shipper and they claimed UPS messed up. I finally gave them the ultimatum to pay me back for the rifle or I'd perdue it with the ATF for failing to ship with a signature as required and quoted them the appropriate scripture. Low and behold 2 days later I had my.money back and a nice note stating how "because of my transaction they would no longer be dealing with c&r licensees"

Hope you aren't dealing with them
 
Yep. A C&R holder can't _send_ a handgun USPS, but can receive anything and everything USPS. Most (non-C&R) FFL's I've dealt with won't send a C&R handgun USPS but that's a business choice, not a policy/law matter.

Matt
+1 on this as well
 
It is frustrating to try to educate some folks. A salesman at gander mountain refused to sell a particularly pretty mosin to me unless he ran the 4473. There was no question about what it was or how old it was. They just didnt honor c&r ffls and they didnt sell that gun that day either. They were too big to care and may have good reason. Imagine training all the seasonal staff and hoping they get it right every time when someone hands them a photo copy thats been hand cut and rotting in a wallet. i can see their concern. Since it is their gun and policy, the ball is in your court.
 
It is frustrating to try to educate some folks. A salesman at gander mountain refused to sell a particularly pretty mosin to me unless he ran the 4473. There was no question about what it was or how old it was. They just didnt honor c&r ffls and they didnt sell that gun that day either. They were too big to care and may have good reason. Imagine training all the seasonal staff and hoping they get it right every time when someone hands them a photo copy thats been hand cut and rotting in a wallet. i can see their concern. Since it is their gun and policy, the ball is in your court.
A know, back in the California days I needed 2 forms of I'd to buy firearms. While dealing with a particularly large transaction of several pieces for my collection,y usual dealer wouldn't accept my c&r license for a second form of ID...

We went around for a few before I threatened to drop the transaction (1 pistol, 4 rifles, and a shotgun ).that's when he finally looked it up and found I was correct. I walked away with a full trunk! :cool:
 
Note that licensed collectors are not mentioned. A dealer or manufacturer mailing a handgun would be committing perjury by signing the Form 1508 and mailing to a licensed collector (or anyone not a licensed dealer or manufacturer).


I wonder about this. Whioe I do not disagree with your post, it seems there is a catch 22 in the USPS regs.

The USPS regs specifically exclude curios being sent to *anyone* (see above), and the shipment to a C&R license holder falls under the intent of the description of "customary trade shipments" for the purpose of the statement on the declaration form. the lack of specific guidance anywhere in the USPS regs for 03 FFL's seems to be one of them being ignorant of the specifics of the license. I wonder if it's time to seek a legal opinion from the USPS on this.


Willie



.
 
It is frustrating to try to educate some folks. A salesman at gander mountain refused to sell a particularly pretty mosin to me unless he ran the 4473. There was no question about what it was or how old it was. They just didnt honor c&r ffls and they didnt sell that gun that day either. They were too big to care and may have good reason. Imagine training all the seasonal staff and hoping they get it right every time when someone hands them a photo copy thats been hand cut and rotting in a wallet. i can see their concern. Since it is their gun and policy, the ball is in your court.

Same thing happened to me with a Mosin, but different retailer. I finally broke down and did the 4473 thing anyhow.
 
230RN
Quote:
It is frustrating to try to educate some folks. A salesman at gander mountain refused to sell a particularly pretty mosin to me unless he ran the 4473. There was no question about what it was or how old it was. They just didnt honor c&r ffls and they didnt sell that gun that day either. They were too big to care and may have good reason. Imagine training all the seasonal staff and hoping they get it right every time when someone hands them a photo copy thats been hand cut and rotting in a wallet. i can see their concern. Since it is their gun and policy, the ball is in your court.

Same thing happened to me with a Mosin, but different retailer. I finally broke down and did the 4473 thing anyhow.
It happens to 01's as well...........three times in the last four years I've bought guns at three different pawn shops in the DFW area.

All three required me to fill out a 4473 and didn't seem to understand that all they needed was my FFL copy.
 
To all:

I understand it's his prerogative to ship or not as he sees fit, my issue is that he says he will ship to C&Rs if the buyer can prove that the gun is a C&R, then, when I prove it is a C&R, he says I am wrong and still won't ship it. I'm just glad that I was wise and hammered this out BEFORE I put in a bid.

Since he wants $35 for shipping, and my local 01 FFL wants $30 plus sales tax to transfer- that's roughly $65 added to the cost of the gun & makes it a no-sale as far as I'm concerned. That's a lot for a ~ $300 S&W.
 
rogdigity said:
I had a deal go south with the Cajun pawn stars people once . . .
I think I saw these guys on TV . . . a man walked in with a Boys rifle; the pawn star looked at it and told the seller he was lucky the rifle had already been converted to .50 BMG, otherwise he'd have had to confiscate it as in the original .55 caliber it would have been illegal. (I was thinking - unless you're a sworn LEO - good luck with that.)
 
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