FFL to C&R

[hopdevil]

Hi, Am I reading it correctly that an out of state FFL 01 can ship a Curio Relic rifle into California if that buyer has an up to date FFL 03 and the proper COE Cert? They within 5 days must register the C&R rifle with California Department of Justice a Form BOB 4100A CURIO OR RELIC FIREARM REPORT.

Thanks

[cz74]

Curio or Relic Firearm Report (BOF 4100A) is for when you (holder of COE and FFL03) physically travel out of state to acquire such C&R items and bring back to California. In-State Acquisition of C&R long gun is a separate form.

[Nardo1895]

I don't have the legal reference, but I'm pretty certain you can't receive a C&R rifle directly from out of state even with a C&R/COE. You use to be able to but that changed a few years ago. You can go out of state and bring one back with you, but if its shipped it has to go to an 01 FFL.

Having said that, I know CMP will do it and I know DOJ will accept the registration form.

Hopefully the Librarian or other FFLs who keep a sharp eye on the laws will chime in with the legal reference.

[zinfull]

You can not receive a gun from out of state with a FFL03 & COE anymore. You can buy ammo and in state C&R rifles. CMP is the only one I know that can ship directly to your address.

[CalifEd]

Are you saying CMP will ship direct to a home address or just long guns (w/C&R + COE)?
When I won my 1911 last year, CMP required shipping to my receiving FFL's.
Has something changed since last year?

[Nardo1895]

CMP will ship rifles, not handguns.

[Quiet]

The exemption that allowed a C&R long gun to legally be shipped directly to a CA resident with a valid C&R 03-FFL was repealed.

Starting 01-01-2015:

A CA resident must utilize a CA FFL dealer to legally import a firearm they acquired in another State into CA. [PC 27585(a)]

The C&R exemption to this allows a CA resident with a valid C&R 03-FFL to travel outside of CA, acquire a C&R firearm, and bring it back to CA. [PC 27585(b)(1) and 27565]
^Within 5 days of returning to CA, they must report the C&R firearm(s) to CA DOJ BOF.

This C&R exemption does not allow a C&R long gun to be directly shipped to a CA resident with a valid C&R 03-FFL.

Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].



The CMP is operating under what was allowed prior to 2015 and because of the CMP's "Federal Gov status", CA DOJ BOF has no interest in notifying them of the legal change that was effective 01-01-2015.



Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the following:
(1) A licensed collector who is subject to and complies with Section 27565.

Penal Code 27565
(a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.

Penal Code 27590
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:
(7) A violation of Section 27585 involving a handgun.

[Spectre1995]

I had my 03 for years before I got my 01 FFL. I was always under the impression that ALL C&R acquisitions mailed in have to be sent to an 01, where they are DROS'd, but as long as the 03 FFL holder has a valid COE and ID, they can leave the FFL with their new acquisition that same day.

With that being said, most of the FFL's around will charge you their dealer fee as if its a modern firearm with a standard 10 day wait. My shop charges a flat $40 plus DROS, which is discounted from the standard rate

[sbo80]

CMP is the only one I know that will ship directly to your address, illegally.

FIFY. You will also find plenty of gunbroker/armslist etc. sellers that will ship directly to 03s as well. Doesn't make it ok. Note that the crime technically applies to the receiver of the firearm (the CA resident), not the sender. DOJ seems to not notice when this happens even when you submit the form, because the form doesn't actually describe the transaction (you sent in a form for a situation that doesn't exist. Neither the In-State Acquisition or Out-of-State Acquisition forms are correct). But the forms are also vague, have no reason to even mention CMP, and they just assume that you did the thing the form is for. It's signed "under penalty of perjury", so they just assume everything about it was done correctly. If you added in the notes "oh by the way the CMP mailed this to me from AL", you might get a visit. Otherwise, the non-lawyer, non-investigator clerks at DOJ just process the form and send you a letter. DOJ doesn't know you lied on the form.