Author Topic: Q: How do I use my C&R FFL03 to buy or sell a C&R elegible firearm?  (Read 1594 times)

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Online running-man

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Disclaimer: 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.

The process is ridiculously easy:
  • Ensure that the firearm you wish to buy is indeed a C&R firearm (you cannot buy non C&R firearms using a C&R FFL03).  27 CFR § 478.11 defines "curios or relics" as:
    Quote from: 27 CFR Section 478.11
    Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

    (a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;

    (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and

    (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
    ATF has a C&R list available on their webpage that lists all the firearms covered under rules B and C above.  Keep in mind that a firearm does not have to be on the ATF list to be considered a C&R firearm.
    Remember that both the buyer and the seller must agree that the firearm is a C&R firearm for the transaction to take place with your C&R.  If a buyer/seller is ignorant, does not agree that a particular firearm is a C&R firearm, and/or will not accept your FFL03 for the transaction you're pretty much stuck buying/selling the firearm as a non-licensed individual (if the sale is local), or transferring it through a FFL01 (if the sale is from out of state i.e. gunbroker)
  • Ensure that your local and state laws don't preclude you using your C&R to buy/sell the firearm and that the firearm is legal for both parties to own.  It's a sad fact that in certain states in the union an official Federal Firearms License is not enough to be able to purchase certain types of firearms.  Additionally, there may be evil features on any milsurp firearm that renders it unownable in certain states or cities.  One of the conditions for using your C&R FFL03 that you agree to when applying for it is that you will follow all local and state laws.
  • Print out a fresh copy of your C&R FFL03 and sign and date it.  Never sign or date the original license that the AFT sends you! 
    Let me repeat that as it is very important:
    Never sign or date the original license that the AFT sends you!
    Always scan or make photocopies of the license and use a fresh ink-signed copy with the current date when you make a C&R transaction and keep your original in a safe place such as a safe deposit box or filed away with other important paperwork.  Out of state vendors will often accept a signed copy that has been scanned and emailed, and will keep the valid license on file until it expires.
  • If you are dealing with another FFL, you will want a copy of their FFL as this information will enable you to accurately fill out your bound book including their official address listed on their FFL and their FFL number.  If the license is an FFL01, you can check its validity by typing parts of the number into the ATF FFL eZCheck system.  Note that this system will not verify FFL03s (and is one of the more interesting reasons given by certain FFL01s as to why they won't deal with C&R FFL03 holders despite the ATF stating on the eZCheck page "All attempts to check the validity of Type 03 and Type 06 licenses will result in an error message, even though the licenses may be valid. An FFL should not use this error message as reason to deny dealing with a Type 03 licensee.")
    If you are transacting with a non-license holder, you must obtain certain identifying information from them: you will need their full name, their address, their date of birth, and an identifying number such as a driver license #.  The DOB and DL number are required entires for dispositions in a C&R bound book.  I can guarantee that most people will look at you sideways when you request this sort of personal identifying information.  Most people are used to private party sales being almost anonymous (unless there are specific local or state laws to the contrary).  When you use your C&R FFL03 to make a transaction, remember that it is not a private party sale!!!  You have to keep good records as you may be audited at anytime while your license is active.  I typically will give the non-licensee a signed and dated copy of my C&R FFL03 and will explain to the to the best of my ability why I need the information for my bound book.  Thinking ahead will help to avoid headaches later when it comes time to fill in the acquisition into your bound book.
  • Buy or sell the firearm.  For purchases, you have until the end of the next business day to record the acquisition into your bound book.  For sales, you have to record the disposition in your bound book no later than 7 days after the transaction takes place.

There you have it.  All in all it is a pretty easy and pain-free process, especially when compared with filling out 4473s and having a NICS check.
« Last Edit: December 13, 2014, 04:02:21 PM by running-man »