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9/22/2017 12:11:25 AM
Posted: 9/17/2005 10:07:16 AM EDT
I sent away for my C&R packet from the ATF. Just had a couple of quick questions. If you purchase a C&R firearm can you give it away as a gift. My nephew is into WW2 and I would like to ger a K98 and clean it up and give it to him. I ques the packet will have all the rules. Just curious.
Link Posted: 9/17/2005 10:58:11 AM EDT
[Last Edit: 9/17/2005 10:58:47 AM EDT by djenkins]
I would not do anything I would NOT want to explain to the BATF inspector at compliance inspection time.

Dennis Jenkins


Originally Posted By leveractionjackson:
I sent away for my C&R packet from the ATF. Just had a couple of quick questions. If you purchase a C&R firearm can you give it away as a gift. My nephew is into WW2 and I would like to ger a K98 and clean it up and give it to him. I ques the packet will have all the rules. Just curious.

Link Posted: 9/17/2005 7:07:22 PM EDT

Originally Posted By djenkins:
I would not do anything I would NOT want to explain to the BATF inspector at compliance inspection time.

Dennis Jenkins


Originally Posted By leveractionjackson:
I sent away for my C&R packet from the ATF. Just had a couple of quick questions. If you purchase a C&R firearm can you give it away as a gift. My nephew is into WW2 and I would like to ger a K98 and clean it up and give it to him. I ques the packet will have all the rules. Just curious.




You can, but like Dennis says, you need to be comfortable explaining to a BATF inspector about it. Since the license is one to Collect, it's expected that's what you'll be doing. If it looks like you are buying and "gifting" rifles a lot you will be in trouble.

That said, I've done it. Once to my GF (a K31) and one to her father. Who liked shooting one of my M1 Carbines so much I could not say no to him. A really great guy with major back issues who can no longer shoot large caliber firearms. I did make good documentation in my log book to reflect those guns were gifted, and why. Since my "log ins" outnumber my "log outs" by about 10 to 1, I don't believe it will be a problem.

Just my $.02
Link Posted: 9/17/2005 8:19:26 PM EDT
Thank you that is what I assumed. Does the packet from the ATF have all the rules and guidelinesin it.
Link Posted: 9/17/2005 10:02:21 PM EDT

Originally Posted By Pthfndr:

Originally Posted By djenkins:
I would not do anything I would NOT want to explain to the BATF inspector at compliance inspection time.

Dennis Jenkins


Originally Posted By leveractionjackson:
I sent away for my C&R packet from the ATF. Just had a couple of quick questions. If you purchase a C&R firearm can you give it away as a gift. My nephew is into WW2 and I would like to ger a K98 and clean it up and give it to him. I ques the packet will have all the rules. Just curious.




You can, but like Dennis says, you need to be comfortable explaining to a BATF inspector about it. Since the license is one to Collect, it's expected that's what you'll be doing. If it looks like you are buying and "gifting" rifles a lot you will be in trouble.

That said, I've done it. Once to my GF (a K31) and one to her father. Who liked shooting one of my M1 Carbines so much I could not say no to him. A really great guy with major back issues who can no longer shoot large caliber firearms. I did make good documentation in my log book to reflect those guns were gifted, and why. Since my "log ins" outnumber my "log outs" by about 10 to 1, I don't believe it will be a problem.

Just my $.02



Since you seem to be the most knowledgable about it, I figure you would know more than anyone else.

Does that apply with handguns also (even here in CA)? Obviously the person receiving the gift would have to register it with the CA DOJ, but could a C&R handgun be passed on to someone, like a fiancee for example?
Link Posted: 9/17/2005 10:25:24 PM EDT
You cannot use your C&R license to buy handguns in CA. Only longguns over 50 years old.

Dennis Jenkins


Originally Posted By NeoWeird:

Originally Posted By Pthfndr:

Originally Posted By djenkins:
I would not do anything I would NOT want to explain to the BATF inspector at compliance inspection time.

Dennis Jenkins


Originally Posted By leveractionjackson:
I sent away for my C&R packet from the ATF. Just had a couple of quick questions. If you purchase a C&R firearm can you give it away as a gift. My nephew is into WW2 and I would like to ger a K98 and clean it up and give it to him. I ques the packet will have all the rules. Just curious.




You can, but like Dennis says, you need to be comfortable explaining to a BATF inspector about it. Since the license is one to Collect, it's expected that's what you'll be doing. If it looks like you are buying and "gifting" rifles a lot you will be in trouble.

That said, I've done it. Once to my GF (a K31) and one to her father. Who liked shooting one of my M1 Carbines so much I could not say no to him. A really great guy with major back issues who can no longer shoot large caliber firearms. I did make good documentation in my log book to reflect those guns were gifted, and why. Since my "log ins" outnumber my "log outs" by about 10 to 1, I don't believe it will be a problem.

Just my $.02



Since you seem to be the most knowledgable about it, I figure you would know more than anyone else.

Does that apply with handguns also (even here in CA)? Obviously the person receiving the gift would have to register it with the CA DOJ, but could a C&R handgun be passed on to someone, like a fiancee for example?

Link Posted: 9/18/2005 2:45:13 AM EDT

Originally Posted By djenkins:
You cannot use your C&R license to buy handguns in CA. Only longguns over 50 years old.

Dennis Jenkins




Yes that is true, but you can acquire handguns while out of state, face to face, and then bring them back into the state. You then have (if I remember right) 16 days to register them with CA DOJ.

So there would be nothing wrong with me spending two hours driving into Nevada or Arizona and picking up a Luger (or whatever I am getting) and registering it the next day.

Either way, I want to surprise my fiancee with an old handgun for her birthday, and I am thinking a Luger might be the thing (she thinks they are cute) and being able to give it to her as a gift would be ten times better than driving her to a dealer, having her fill out paperwork, know how muchI spent on it, wait 10 days, etc. etc. etc.
Link Posted: 9/18/2005 7:42:40 AM EDT

Originally Posted By NeoWeird:

Originally Posted By djenkins:
You cannot use your C&R license to buy handguns in CA. Only longguns over 50 years old.

Dennis Jenkins




Yes that is true, but you can acquire handguns while out of state, face to face, and then bring them back into the state. You then have (if I remember right) 16 days to register them with CA DOJ.

So there would be nothing wrong with me spending two hours driving into Nevada or Arizona and picking up a Luger (or whatever I am getting) and registering it the next day.

Either way, I want to surprise my fiancee with an old handgun for her birthday, and I am thinking a Luger might be the thing (she thinks they are cute) and being able to give it to her as a gift would be ten times better than driving her to a dealer, having her fill out paperwork, know how muchI spent on it, wait 10 days, etc. etc. etc.



The transfer would still have to be made through a dealer and would have the ten day wait. Almost all handgun transfers in California have to be made through a California dealer. Your case is not one of the exceptions.

Here is a short explanation of the California C&R regulations:

There is a lot of confusion around concerning the California regulations on C&R Firearms. The first thing to remember is that California, with few exceptions, requires all firearms transfers in the state to be processed through a dealer [Penal Code 12072(d)]. There is no exception for C&R FFL holders. There is however, an exception to the dealer transfer requirement for C&R rifles and shotguns that are over 50 years old. [PC 12078(t)(2)] This exception is available to anyone legally able to possess firearms. California doesn’t care if you are licensed or not, that’s a Federal matter. The 50 year rifle and shotgun exception is the reason that C&R FFL holders in California can receive these types of firearms directly from an out of state supplier.

The California definition for a C&R firearm is exactly the same as that used by BATF in 27CFR. California references both Title 18 and 27 CFR for the definition. If the Feds say a firearm is C&R, so does the California DOJ.

There are a couple of exceptions to the firearms laws that are available to C&R FFL holders. If the licensee also holds a Certificate of Eligibility (COE) from the California DOJ, they are exempt from the 10-day waiting period when buying C&R firearms from a dealer. [PC 12078(t)(1)] The same C&R FFL holder with a COE is also exempt from the one handgun a month law for both C&R and modern handguns. [PC 12072(a)(9)(B)] You also would not need a handgun safety certificate when purchasing C&R handguns. [PC 12807(a)(6)]


Where the C&R FFL comes in handy is when the holder is out of the state. They may purchase any C&R firearm and bring it back to California. The exceptions of course include those “evil” “assault weapons”; and magazines with a capacity greater than 10 rounds cannot be brought back. Any C&R handguns purchased must be registered with the California DOJ within 5 days and are reported on Form BCIA 4100A along with a $19.00 payment for each handgun. [PC 12072(f)(3)]
Link Posted: 9/18/2005 6:20:52 PM EDT
Bummer

Any idea why so many places won't ship to California? It seems like more and more I see "03 C&R FFL required, California OK for 01 FFL Dealers", especially in regards to SKS'
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