Can a C&R Licensee Sell a Non-C&R Firearm to a State Resident

[M100C]

All,
I have a C&R FFL. I also have some non-C&R firearms I obtained before and after getting my C&R FFL.

The federal law reads (my emphasis bolded),
"An unlicensed individual may transfer a firearm to another unlicensed individual residing in the same State, provided that he or she has no reason to believe the buyer is prohibited by law from possessing firearms."

This can be found in ATF publication 5300.21, located here:

http://www.atf.gov/files/publications/download/p/atf-p-5300-21.pdf

Let's assume the buyer is not prohibited by law from possessing the firearm.

I know I need to record dispositions of firearms I obtained and entered into my bound book after getting my C&R FFL ... I understand this; but ...

Because I have a C&R FFL (and, am therefore a "licensed individual"), is it unlawful for me to sell a non-C&R firearm (one I wouldn't put in my bound book, regardless of when I got it) to a resident in the same State?

I assume getting my C&R FFL did not cause me to lose my right to sell a non-C&R firearm to a State resident, but I cannot find this noted anywhere. Can anyone comment (and, if possible, provide a link)?

Chris

 

[il.bill]

Here is a link to the ATF C&R FAQ page. http://www.atf.gov/firearms/faq/collectors.html#curio-relic-sales As an 03FFL holder I understand my status in buying / selling NON-C&R firearms to be the same as a non-licensee. The following answer addresses that for me in a clear statement, although the question asked specified interstate or foreign transactions.

Q: Does a collector’s license afford any privileges to the licensee with respect to acquiring or disposing of firearms other than curios or relics in interstate or foreign commerce?
No. A licensed collector has the same status under the GCA as a non-licensee except for transactions in curio or relic firearms.

[27 CFR 478.93]

You might want to request a legal opinion from a lawyer or clarification from the ATF for yourself. I am personally satisfied with the understanding for myself that it is legal to sell a firearm to a non-licensee resident of my own state.

 

[M100C]

il.bill,
That is a GREAT conclusion! Missed that!

A licensed collector has the same status under the GCA as a non-licensee except for transactions in curio or relic firearms.

If one is a non-licensee for non-C&R firearms, that would make them an "unlicensed individual" eligible to "... transfer a firearm to another unlicensed individual residing in the same State ..."

 

[NavyLCDR]

Don't forget, though, that state laws may prohibit the transfer without going through a licensed dealer.