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BYork_Infantry
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Posted: 8/30/2013 4:26:10 PM EST
Search has failed me and I couldn't find the thread that touched upon this before. But from what I understand pre-1994 firearms to not require a DPS-3C or authorization number to complete a private transaction. My father is looking to sell his Browning Superposed to a friend tomorrow, however the gentleman has neither a hunting license or pistol permit. I just want to double check that they can make a private sale like they would have prior to 4/4. Sorry to beat a dead horse, I know this has been answered before.

-Byron
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Posted: 8/30/2013 4:56:57 PM EST
[Jump To Reply]Originally Posted By BYork_Infantry:
Search has failed me and I couldn't find the thread that touched upon this before. But from what I understand pre-1994 firearms to not require a DPS-3C or authorization number to complete a private transaction. My father is looking to sell his Browning Superposed to a friend tomorrow, however the gentleman has neither a hunting license or pistol permit. I just want to double check that they can make a private sale like they would have prior to 4/4. Sorry to beat a dead horse, I know this has been answered before.

-Byron


pretty sure ALL SALES MUST GO THRU FFL/DPS
others, more knowledgeable will chime in
sbhaven
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Posted: 8/30/2013 5:22:53 PM EST
[Last Edit: 8/30/2013 5:44:01 PM EST by sbhaven]
[Jump To Reply]Originally Posted By BYork_Infantry:
Search has failed me and I couldn't find the thread that touched upon this before. But from what I understand pre-1994 firearms to not require a DPS-3C or authorization number to complete a private transaction. My father is looking to sell his Browning Superposed to a friend tomorrow, however the gentleman has neither a hunting license or pistol permit. I just want to double check that they can make a private sale like they would have prior to 4/4. Sorry to beat a dead horse, I know this has been answered before.

Where are you getting the idea that prebans can be sold without submitting the required DPS-3-C forms or calling for an authorization number?

EDIT: It appears a Browning Superposed is an over under shotgun. If so it gets sold just like any other long gun. Over Under Shotguns do not appear to be impacted by the new laws as such its not really what we call a "preban" in the traditional sense.

Post Edit 2: This next portion of text up to the long section below is not really relevant but will leave it in case others wonder about selling an actual "preban" firearm.

The rewritten Sec 53-202m that continues to allow prebans mentions NOTHING about how prebans get transferred, rather it appears to simply say they can be transferred. From PA 13-220:
Sec. 11. Section 53-202m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, sections 53-202a to 53-202l, inclusive, as amended by this act, shall not be construed to limit the transfer or require the registration of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a of the general statutes, revision of 1958, revised to January 1, 2013, provided such firearm was legally manufactured prior to September 13, 1994.

Now where the law gets a little squirrelly is, it says that no assault weapon which has certificate of possession "may be sold or transferred on or after the effective date of this section, to any person within this state other than to a licensed gun dealer". And when one sells/transfers such assault weapon to an FFL the FFL completes a "certificate of transfer" that gets sent to the state. But, since one does not have to obtain a certificate of possession for "prebans" per Sec 53-202m what does one do? Got me, and that's probably one of the reasons why no FFL's are selling/transferring prebans at this time.

I'm not a lawyer so this is just a guess. I have no idea if this is legal or not. I would think that one could - at their own risk - follow the new rules for private face to face long gun transfers, which would include calling DESPP for a background check/authorization number and filling out both the DPS-67-C and DPS-3-c forms, and submitting the various DPS-3-C forms to the required entities. Here is a quick and dirty breakdown of the new process for face to face sales of long guns.

Long Guns - Prior to April 1, 2014
  • The buyer cannot be prohibited from possessing firearms (long guns).

  • Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.

  • The seller fills out a DPS-67-C form and retains it for 20 years.

  • The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.

  • Prior to April 1, 2014, the seller must wait 14 days before allowing the buyer to take possession of the long gun. This waiting period is waived if the buyer is a; Federal Marshal, Parole Officer, Peace Officer, or an active member of the armed or reserve forces. The waiting period is waived if the buyer presents to the seller one of the following; a valid state permit to carry a pistol or revolver, a valid eligibility certificate, a valid long gun eligibility certificate, a valid hunting license.

Long Guns - On or after April 1, 2014
  • The buyer cannot be prohibited from possessing firearms (long guns).

  • Buyer must present the seller one of the following; a valid long gun eligibility certificate, a valid permit to carry a pistol or revolver, a valid permit to sell at retail a pistol or revolver, or a valid eligibility certificate for a pistol or revolver.

  • Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.

  • The seller fills out a DPS-67-C form and retains it for 20 years.

  • The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.

For handguns:
  • The buyer cannot be prohibited from possessing firearms (handguns).

  • Buyer MUST have and show the seller their valid CT Permit to carry Pistols or Revolvers or a valid CT Pistol Eligibility Certificate.

  • Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.

  • The seller fills out a DPS-67-C form and retains it for 20 years.

  • The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.

BYork_Infantry
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Posted: 8/30/2013 5:33:36 PM EST
Thanks for the Clarification SB. I'll let him know he'll have to use an FFL or wait the 14 days

I think I read that you didn't need a auth. number in one of the threads just after the last had passed and everyone was trying to decipher the pages and pages of the bill. However the section you posted clearly states that just isn't so. Again thanks for the thorough and quick reply.
sbhaven
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Posted: 8/30/2013 5:36:33 PM EST
[Jump To Reply]Originally Posted By BYork_Infantry:
Thanks for the Clarification SB. I'll let him know he'll have to use an FFL or wait the 14 days

I think I read that you didn't need a auth. number in one of the threads just after the last had passed and everyone was trying to decipher the pages and pages of the bill. However the section you posted clearly states that just isn't so. Again thanks for the thorough and quick reply.

I modified my post after you replied. The Browning Superposed apparently is a over under shotgun as such isn't affected by the new AWB nor is it a "preban" in the traditional sense. It gets transferred just like any other standard long gun per the basic steps mentioned in my previous post.
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Posted: 8/30/2013 8:29:48 PM EST
if you don't tell anyone about it changing hands..... did it really change hands?


besides an over under shotgun isn't semi auto and mag fed so it's not dangerous. i thought the new laws only effect semi autos
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sbhaven
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Posted: 8/31/2013 1:53:36 AM EST
[Jump To Reply]Originally Posted By sardo_67:
besides an over under shotgun isn't semi auto and mag fed so it's not dangerous. i thought the new laws only effect semi autos

Yes, for the most part the AWB law crap affects only semiautomatic firearms. The updated and somewhat confusing AWB shotgun language does not affect over under shotties.
BYork_Infantry
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Posted: 8/31/2013 5:08:16 AM EST
[Jump To Reply]Originally Posted By sbhaven:
Originally Posted By sardo_67:
besides an over under shotgun isn't semi auto and mag fed so it's not dangerous. i thought the new laws only effect semi autos

Yes, for the most part the AWB law crap affects only semiautomatic firearms. The updated and somewhat confusing AWB shotgun language does not affect over under shotties.


I know Public Safety Act 13-3 doesn't affect over and unders at all, however it does affect the way that they and all other firearms are now transferred.

Normally I'd suggest just doing in the old fashion way, however he just got it back from consignment. I guess since the gun shop entered it into their system they had to transfer it back to him and do all the paper work as if he had just bought it. So he'd rather go the 100% safe route.