Author Topic: Shipping C&R rifles across state lines  (Read 274 times)

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Online Boris Badinov

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Shipping C&R rifles across state lines
« on: July 03, 2017, 09:25:24 AM »
If I do not have a FFL license, can i ship across state lines to someone that does?

Or do I have to ship through and FFL because it is out of state?

I have a sale pending on a C&R type 56 (waiting for USPS money order to arrive) to C&R FFL holder in another state. Im in Pennsylvania and he's in Ohio-- only one state line to cross (theoretically).

My understanting is that i do not need an FFL to ship C&R rifle  to a 01FFL holder in another state. But do i need a FFL to ship out of state to  a 03FFL?

I want to make sure I'm within the law before shipping.
« Last Edit: July 03, 2017, 09:31:56 AM by Boris Badinov »

Online Loose}{Cannon

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Re: Shipping C&R rifles across state lines
« Reply #1 on: July 03, 2017, 09:53:29 AM »
The sender does not need to have anything to ship.  It doesn't matter how many state lines, it has to go to an ffl.  If the gun is c/r then it can go to an 03.
      
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Online Boris Badinov

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Re: Shipping C&R rifles across state lines
« Reply #2 on: July 03, 2017, 10:07:23 AM »
The sender does not need to have anything to ship.  It doesn't matter how many state lines, it has to go to an ffl.  If the gun is c/r then it can go to an 03.

Thanks, LC-

Several weeks ago GM posted some advice, and exprience on shipping C&R which was very helpful.

I'm already in the process of sending a 1955 Tula to my Brother-in-law in California but the recieving end is an Cali 01FFL-- just was unclear about the 03's.

Thanks again.

Online spongemonkey

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Re: Shipping C&R rifles across state lines
« Reply #3 on: July 03, 2017, 10:09:55 AM »
The sender does not need to have anything to ship.  It doesn't matter how many state lines, it has to go to an ffl.  If the gun is c/r then it can go to an 03.

This here. ^^^^^^^^^^^^^^^
As long as the ffl recipient is willing to accept shipment from an unlicensed individual, you are good to go.  There are no laws that I am aware of but, some ffls make up their own rules about if they will accept shipment from an unlicensed individual or not. 
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Online running-man

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Re: Shipping C&R rifles across state lines
« Reply #4 on: July 03, 2017, 11:51:12 AM »
Make sure you check PA and OH state laws, I suspect they make no mention of anything interstate transfer, but better safe than sorry.  MA, CA, NY, IL etc. all have 'special' state laws that add (sometimes onerously) to federal requirements (FOID, DROS, waiting period, etc.).  Conversely, some states have reciprocity agreements with bordering states.  I know NM does with AZ & TX in which the NM resident can legally purchase a firearm over the counter in one of the neighboring states and take it back home with them and vice versa. 

If I do not have a FFL license, can i ship across state lines to someone that does?

Most certainly yes.  You can ship to anyone with a valid federal firearms license regardless of whether it's a type 01.  Gunsmiths have type 02 licenses yet receive guns from out of state unlicensed owners all the time.

Or do I have to ship through and FFL because it is out of state?
Some FFLs require that only FFLs send to them because they either don't know the law, are afraid of getting burned by someone they don't know, or they are simply lazy.  Having a FFL send to them enables them to check the number on EZcheck (can't check anything but a type 01 FFL though, this is often one of the reasons that some FFL 01s don't deal with FFL 03s) and easily input the FFL # in their bound book.

One thing you might do to make it easier on the receiving FFL's end is to include a photocopy of your driver's license.  It contains all the information the FFL requires to enter the acquisition into his bound book. 

Good luck!  thumb1
      

Online Phosphorus32

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Re: Shipping C&R rifles across state lines
« Reply #5 on: July 03, 2017, 12:24:31 PM »
Good stuff above ^ 

Just a couple of points. An FFL-01 (standard dealer), 02 (pawnbroker), or 07 (manufacturer of firearms) are all valid receiving FFLs for any firearm (C&R or modern) other than "Destructive Devices" (oddball category covered by the NFA).

https://www.atf.gov/resource-center/fact-sheet/fact-sheet-federal-firearms-and-explosives-licenses-types

I was almost burned by the EZ check system by an online auction house whose employees didn't understand it (written right in the second paragraph on the site: "FFL eZ Check does not validate Type 03 (Collectors of Curios and Relics) and Type 06 (Manufacturer of Ammunition) licenses."). After not receiving the firearm or shipping info for an undue period of time, I contacted them and they said they were holding it because my license was invalid. I explained the law and the site to them and they finally figured it out and shipped it  pullhair1  bat1

https://www.atfonline.gov/fflezcheck/

All FFL-01s I've dealt with require at least a DL or my FFL-03 for receiving. The FFL-03 is just an alternative form of ID, not required for shipping the C&R eligible firearm. 

I've run into relatively few FFL-01s who won't accept an FFL-03, but they're definitely out there. In my post sale notification to a buyer, I always add some language to the effect of "make sure that your chosen FFL will accept shipment from a private individual or FFL-03 holder".  My LGS is one of those. I like the owner in spite of that thumb1  rofl  He never charges for the background check on a firearm in the shop (that'd definitely be a deal breaker for me) and filling out the Form 4473 only adds five minutes for me and costs him the time of one of his employees to fill it out and call it in, so no big deal. Besides, the less he knows about C&Rs the better my likelihood of finding low priced ones in his shop chuckles1 8) In addition, file under the "I don't get mad I get even" category  :)), I use an in home FFL-07 for receiving modern firearms partly due to his policy.
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Re: Shipping C&R rifles across state lines
« Reply #6 on: July 03, 2017, 01:37:23 PM »
Gunsmiths are type 01 FFLs, just like a regular gun store.  thumb1

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Re: Shipping C&R rifles across state lines
« Reply #7 on: July 03, 2017, 02:08:13 PM »
Heh, ATF has a confusing listing on form 5310.12. 

Quote
Dealer (01), Including Pawnbroker (02), in Firearms Other Than Destructive Devices (Includes: Rifles, Shotguns, Pistols, Revolvers, Gunsmith activities and National Firearms Act (NFA) Weapons)


I took that line to mean 02's included smiths!  :-[