SKS-FILES FORUM
General Milsurp Weapons => General C&R Information => Topic started by: running-man on December 01, 2014, 12:00:08 AM
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Disclaimer: SKS-files.com is not composed of legal experts, we do our absolute best to make sure that what we post here is accurate, thorough, and factually based. Still, it is the epitome of foolishness to listen to “a guy on the internet” as your sole basis for legal advice. If you have specific questions about this subject, you should consult appropriate legal council who specialize in firearms law or contact the ATF directly to obtain a formal determination about your particular firearm or issue.
There are several benefits of obtaining a C&R FFL03 that may not be apparent at first blush. In states that do not place burdensome restrictions on FFL holders, the benefits far outweigh the limitations.
C&R FFL03 Benefits Include:- The ability to directly engage in interstate "commerce" of C&R firearms. A C&R FFL03 license allows the licensee to receive a C&R firearm for the enhancement of a personal collection directly at their licensed address from an out of state source without having to go through a FFL01 licensee.
- The C&R FFL03 allows the licensee to sell a C&R rifle or shotgun to an out of state purchaser, provided that (a) the purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun and (b) the sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both states. See 27 CFR §478.96 (http://www.gpo.gov/fdsys/pkg/CFR-2014-title27-vol3/xml/CFR-2014-title27-vol3-part478.xml#seqnum478.96) for further details.
ATF has previously stated:
Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) The purchaser meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.
[27 CFR 478.96 (c)(1)]
- Transactions of C&R FFL03 holders who acquire a C&R firearm are not subject to the requirements of the Brady law as long as they follow the provisions of 27 CFR §478.32 (http://www.gpo.gov/fdsys/pkg/CFR-2014-title27-vol3/xml/CFR-2014-title27-vol3-part478.xml#seqnum478.32). This is a big one as the Brady law: 18 U.S.C. 922(t) (http://www.gpo.gov/fdsys/pkg/USCODE-2013-title18/html/USCODE-2013-title18-partI-chap44.htm) (do a search for "(t)" to find the section buried deep down in there) is responsible for the national instant criminal background check system (NICS). According to federal law, you should be able to walk right into a local gun shop and buy a C&R firearm by presenting the seller with a copy of your C&R FFL03 and the seller is not required to run a NICS check on the transaction. State laws vary wildly, however, and many might not allow this. Additionally, most FFL01s are ignorant of the law and in an attempt to cover their rears, will require NICS checks regardless of who they are selling to.
- C&R FFL03 holders are not required to execute form 4473 for transactions in C&R firearms. They are only required to log entries into their bound book. See 27 CFR §478.125(f) (http://www.ecfr.gov/cgi-bin/text-idx?SID=fe3ffe974c9a3d606177f6f2100fbe79&node=se27.3.478_1125&rgn=div8) for additional information. As with the NICS checks mentioned above, FFL01s ignorant of the law will often require a 4473 to cover their rears.