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3/20/2017 5:03:23 PM
Posted: 9/3/2001 1:21:45 AM EDT
Was at the gun shop yesterday and the guy said that C&R long guns can be private party transfered without an FFL. Is this true? Just curious. Thanks.
Link Posted: 9/3/2001 5:02:22 AM EDT
[Last Edit: 9/3/2001 5:04:16 AM EDT by California_Kid]
It's true! Buried deep in Penal Code - Section 12078, subdivision (t) paragraph (2) - is the exemption that many people are not aware of: ------------ begin quote ---------- "Subdivision (d) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations." --------------- end quote -------------- 12072 (d) is the part that talks about firearm transfer procedures for situations in which neither the buyer nor the seller is a licenced (FFL) dealer, C&R license holder, or law enforcement officer (IOW, ordinary folks buying or selling a firearm): ----------- begin quote ---------- (d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through either of the following: (1) A licensed dealer pursuant to Section 12082.... ----------------- end quote ---------------- If you want to check this out for yourself, please go to [url]http://www.leginfo.ca.gov/calaw.html[/url] and search the Penal Code for the word "curio". Try fathoming the meaning of Section 12070 onward. People who don't live in California may want to check this out for amusement. Reading California code is not something you can do quickly or casually. The Penal Code, particularly in regards to firearms, often is stuctured like this: - You can't do anything - - Except this - - - Unless that - - - - But this doesn't apply if you are one of these - - - - - Unless you are also one of those... - And none of the above applies to LEOs. It's a nightmare, very easy to get lost.
Link Posted: 9/3/2001 5:47:38 AM EDT
California_Kid's posting is correct. Please note that the rifle or shotgun must be over 50 years old.
Link Posted: 9/3/2001 12:56:27 PM EDT
Link Posted: 9/3/2001 2:36:35 PM EDT
my russian SKS stamped 1954 was sold as a C&R from turners many years ago, no wait, cash and carry from the pomona gun show. the law is changed now that there is a cooling off/waiting period for ALL long guns.
Link Posted: 9/3/2001 4:11:54 PM EDT
Troy, I think you misunderstood me. The 50 year rule is only for private party sales and for shipment of C&R rifles and shotguns directly to a C&R license holder from out of state. As far as the C&R list is concerned, if the feds say its a C&R so does California. They recognize the BATF definition. A person with a C&R license ( and a Cal COE) can purchase any C&R rifle, pistol or shotgun from a dealer without any waiting period. They are also exempt from the "one handgun a month" law.
Link Posted: 9/3/2001 9:33:42 PM EDT
Link Posted: 9/4/2001 5:19:11 AM EDT
Troy, Yes, I was referring to an in state dealer, although C&R FFL holders can purchase any C&R firearm from out of state dealers as long as they do so in person. (Handguns still have to be registered with the DOJ when they are brought back.) Rich
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