Can a C&R holder do a transfer like a "regular" FFL?

Status
Not open for further replies.

JJohnston015

Member
Joined
Jan 18, 2003
Messages
466
I've been looking at a couple of C&R rifles lately, and I'm trying to find an alternative to my regular (regularly unreliable and overcharing) FFL. I PM'ed a couple of THR people in my area, asking if they had a C&R FFL or knew anyone who did. One responded by saying:

I am pretty sure that I can only deal with other C&R holders or 01 FFL holders. I can't order C&R guns for you and then sell them to you. According to the BATF the main purpose of my license is for collecting and it is not to be used to conduct a business. Even if I ordered guns for you, I would still have to fill out the same paperwork a regular FFL does, you would still have to wait ten days... Honestly, at this time, I don't think I can do it legally....

Either you or I need to make a thread and ask exactly what the laws are about a C&R holder selling to a non-C&R holder in the State of California....why don't you do it for us please.

So, the question is: Can a C&R FFL receive a qualified rifle and transfer it to a non-FFL (with the required paperwork, of course)? Is it different in different states, or would federal law govern? Would it make any difference if the buyer were to send payment directly to the distributor rather than buying the gun from the C&R FFL (i.e., the C&R FFL acts only as the transferor, not a retailer)?
 
A C&R is NOT a dealer. A C&R may not order a firearm for another person and sell that firearm to that person when it arrives. A C&R may not handle the transfer between a distributor and a non-licensee. That is dealing in firearms and requires the 01-FFL.

A C&R CAN sell firearms to non-licensees provided they meet all local laws. A C&R does not do the federal paperwork when selling to a non-licensee. Many C&Rs will buy 2 or 3 of the same gun, pick the best for themselves and then sell the other two. This is considered enhancing your collection and generally considered legal.

You may consider getting your own C&R license to bypass using an 01-FFL for C&R gun purchases.
 
I know a guy over here in Taft that operates out of his house pretty much and so he has low overhead. I usually go to 2nd Amendment Sports when I want to look at the different models (new guns), and then when I decided what I want, I get a hold of this guy and he charges me only 10%, tax, and DROS. Always cheaper than the guys over in Bakersfield. For straight transfers? He charges like $20-30. If any of you want his name, PM me and I will give you his info.

Like I told you in the PM, get your own license. It will be a $100 well spent (in the PRK we have to get a certificate of eligibility that costs $72 for startup and then $17 per year. Still a good deal if you ask me.)
 
I say just go ahead and get your own C&R FFL. Its only $30 for 3 years so it will pay for itself the first time you buy a gun, plus you'll be able to get "dealer pricing" on many other things you'll buy (like ammo and accessories ... and not just for C&R guns).

I'm still waiting for mine to come in the mail :)
 
I have been wondering about this too.
I have a CZ-52 that my dad has expressed interest in, and I just want to give it to him. There will definitely be no profit in that.
So, can I just give it to him?
Do I have to do any paperwork to transfer it to him?
 
goon,

Depends where you live, where he lives. Give us some locations and we can help you out.

And, well for what it's worth, I try not to condone illegal gun transfers, but when it comes to givin one away to a respectable relative like my father, I just give it to him, regardless of hoops that should've been jumped through...



Ok Mr ATF man, that's Nigel Mulvena, 4247 Hales Point Road, Farnham, Va. Go 11 miles past Warsaw and turn right off Va Rt 3. Can't miss it, I'll be waiting... :neener: :scrutiny:
 
I live in PA.
I called the state AG's office for clarification once on this, and talked to their head guy on firearms laws. He told me that you would have to do more than just have an unregistered gun to get in trouble. I have also read that transfers between immediate family are OK with no paoerwork.
The only thing that I don't know about is the Federal part, but I guess that I can look that up.
 
goon,

Provided your father can legally own firearms and lives in the same state, there are no restrictions or prohibitions at the federal level on individual to individual transfers, whether as gifts or for money. Looks like you're good to go.
 
Status
Not open for further replies.
Back
Top