how to sell C&R guns legally
- Thread starter johnzhu
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ocabj
Member
Yes. The buyer should send you an ink signed copy of his/her C&R FFL.
Also take note of any state laws in the buyer's state that may impact the transer.
Also take note of any state laws in the buyer's state that may impact the transer.
saberstitch
Member
- Joined
- May 11, 2005
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- 29
As stated above, but the BATF now allows for faxing of the license as well.
Hkmp5sd
Member
A non-licensee (johnzhu states he doesn't have an FFL) does not have to have a copy of a FFL (C&R or otherwise) before transferring a firearm to that FFL. Non-licensees are not required to maintain any records of firearm transactions (federal). If the individual reasonably believes he is sending the firearm to a C&R (in this case), it is perfectly legal. If the receiver turns out not to have a valid FFL, he is the one commiting a crime, not the seller.
However, it doesn't hurt to get a copy of the FFL just for your own satisfaction. Too bad the EZ FFL check doesn't work with C&Rs.
However, it doesn't hurt to get a copy of the FFL just for your own satisfaction. Too bad the EZ FFL check doesn't work with C&Rs.
Hi, hkmp5sd,
You are technically correct, but it is illegal to ship a gun out of state to a non-licensee. In practical terms, how can the shipper know the recipient is a licensee if he does not ask for and get a copy of the recipient's FFL?
If I shipped a gun that was used by an unlicensed individual to commit a crime, I don't think anyone would buy my argument that it is OK to ship guns to anyone at all, anywhere, because hkmp5sd said so on the net.
Jim
You are technically correct, but it is illegal to ship a gun out of state to a non-licensee. In practical terms, how can the shipper know the recipient is a licensee if he does not ask for and get a copy of the recipient's FFL?
If I shipped a gun that was used by an unlicensed individual to commit a crime, I don't think anyone would buy my argument that it is OK to ship guns to anyone at all, anywhere, because hkmp5sd said so on the net.
Jim
Hkmp5sd
Member
I wouldn't do anything hkmp5sd told me on the internet. 
And I dang sure wouldn't ship a gun to someone I didn' know. However, if a person poses as a FFL and someone believes he is a FFL and ships a gun to him, the shipper hasn't commited a crime. ATF specifically states a non-licensee is not required to maintain records. None. If ATF says you do not need a signed FFL or other documentation as a non-licensee, how can they come to you and demand proof after the fact?
In my opinion, it is no different that a face-to-face sale. You cannot sell a gun to someone you know cannot legally possess one. If you sell a gun to a person that you didn't know had a felony conviction, have you committed a crime? Can you prove you didn't know? The only requirement is that you honestly believed the transfer was legal.
And I dang sure wouldn't ship a gun to someone I didn' know. However, if a person poses as a FFL and someone believes he is a FFL and ships a gun to him, the shipper hasn't commited a crime. ATF specifically states a non-licensee is not required to maintain records. None. If ATF says you do not need a signed FFL or other documentation as a non-licensee, how can they come to you and demand proof after the fact?
In my opinion, it is no different that a face-to-face sale. You cannot sell a gun to someone you know cannot legally possess one. If you sell a gun to a person that you didn't know had a felony conviction, have you committed a crime? Can you prove you didn't know? The only requirement is that you honestly believed the transfer was legal.
El Rojo
Member
Get a signed copy of their FFL. You don't want to be a test case nor pay the money for a test case. If they falsify an FFL, it is on them.
ocabj
Member
Well, I would accept a faxed copy of a 01FFL, but not a 03 C&R FFL. You can run a check on an 01FFL to see if it valid using the 'FFLEz' website, so you can verify the validity of a 01FFL, whereas you cannot with an 03.
cslinger
Member
When dealing with 03 always get a signed copy. It's just good CYA.
Chris
Chris
You can call ATF up and ask if that C&R FFL is valid.
*Well, I would accept a faxed copy of a 01FFL, but not a 03 C&R FFL. You can run a check on an 01FFL to see if it valid using the 'FFLEz' website, so you can verify the validity of a 01FFL, whereas you cannot with an 03.*
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*Well, I would accept a faxed copy of a 01FFL, but not a 03 C&R FFL. You can run a check on an 01FFL to see if it valid using the 'FFLEz' website, so you can verify the validity of a 01FFL, whereas you cannot with an 03.*
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