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  #1  
Old 05-13-2013, 5:14 PM
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Default C&R out of state transfer

I have a customer who has his C&R license and his COE. He wants to order a luger frame from a gentlemen in NV and he will ship it to me (FFL) but ive never dealt with a C&R before. Is he exempt from the 10 day wait (cash and carry able). How do I determine if its legitimately a C&R item? A little lost here.

Edit: frame has now been assembled into a complete firearm.
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Old 05-13-2013, 5:29 PM
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A C&R handgun is exempt from needing to be on the Roster of Handguns Certified for Sale. [PC 32110(g)]

A person with a valid Type 03-FFL (C&R) and valid COE are exempt from the 10 day waiting period on C&R firearms. [PC 26970]

However...
Per Federal regulations (ATF Ruling 85-10), a frame/receiver is not a C&R firearm.

Therefore, the frame/receiver can not be transferred under the C&R exemption.
It needs to be a complete C&R firearm.
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Old 05-13-2013, 6:01 PM
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So I needs to go through the normal 10 day wait but we also can't do frame receiver transfers into ca as they can't be approved for the drop test if I recall correctly. Is that right?
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Old 05-13-2013, 6:07 PM
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Correct, can't transfer the frame/receiver, unless the recipient is a LEO.
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Old 05-13-2013, 6:33 PM
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I guess I could make the recommendation to have all the parts that he owns shipped to someone to have the Luger fully assembled making it a legit C&R.
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Old 05-17-2013, 10:02 AM
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Ok back to this. The buyer has told me the seller is no shipping the gun complete. But he also states in his email that he is a C&R with a current COE. So shouldn't the seller be able to ship direct to him? The seller who works in a gun store in nv says he needs a CFLC slip which according to the CFLC FAQ he does not for C&R.
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Old 05-17-2013, 7:31 PM
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Quote:
Originally Posted by IronWorksTactical View Post
Ok back to this. The buyer has told me the seller is no shipping the gun complete. But he also states in his email that he is a C&R with a current COE. So shouldn't the seller be able to ship direct to him? The seller who works in a gun store in nv says he needs a CFLC slip which according to the CFLC FAQ he does not for C&R.
California law requires C&R firearms transfers in California to go through a California licensed dealer, unless the C&R firearm is a 50+ year old long gun. The buyer could travel to Nevada in person and acquire a C&R handgun without having to got through a California licensed dealer, but if the seller is shipping it into California then a C&R handgun has to go through a California licensed dealer.

And if you go by ATF's ruling, the stripped frame can't be considered C&R anyway.
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Old 05-18-2013, 2:50 AM
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The stripped frame is no longer stripped its an assembled firearm so that's been accomplished. My confusion is why does ca DOJ mention under their CFLC FAQ that a CFLC# isn't required for curios. Sounds like (and I'm scouring the ca DOJ codes as we speak) basically treat this transfer like all other transfers except the c&r licensed dealer can cash and carry once it arrives. Trying to find clarification on this portion.


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Old 05-18-2013, 1:48 PM
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Which FAQ? It is easier to see what specifically they are talking about. One I found says that C&R FFL holders don't need a CFLC letter, which they can't get since they are not a dealer (CFLC FAQ #4).

The C&R can be exempt from the 10 day waiting period if the buyer has a C&R FFL and a CA DOJ COE, which makes it close to cash and carry, but you still need to submit the DROS. Since the person has a C&R FFL, they don't need to fill out the 4473.
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Old 05-18-2013, 5:16 PM
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That actually just answered everything Kemasa thanks.
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Old 05-19-2013, 3:39 PM
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Quote:
Originally Posted by IronWorksTactical View Post
The stripped frame is no longer stripped its an assembled firearm so that's been accomplished.
Oh, I thought when you said "the seller is no shipping the gun complete." that "no" was short for "not", but I guess it was short for "now".
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Old 05-21-2013, 1:16 PM
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Hahaha that's big thumbs little phone keyboard way to fast typing board on a plane. I appreciate all the info. Sometimes I feel dumb asking this stuff but last thing I want to do is interpret something wrong. For instance didn't even think about the incomplete firearm while looking at the other stuff.


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