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Joined: Feb 2004
Posts: 13,883 Likes: 19
Sidelock
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Sidelock
Joined: Feb 2004
Posts: 13,883 Likes: 19 |
Jim (italiansxs), Ray's did recognize that it was legal for them to send it to me in Calif. They just wouldn't turn it over to me in person while in NJ. I was fine with that since I didn't want to carry it thru JFK anyway. I don't know anything about NJ law, but my C&R worked for my purposes there.
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Joined: Sep 2004
Posts: 85
Sidelock
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OP
Sidelock
Joined: Sep 2004
Posts: 85 |
Almost all of the local dealers here insist that a firearm be shipped from another FFL. I even had one dealer try to tell me it was against the law for an individual to ship a firearm. I told him he needed to read the regulations. I finally got tired of all the extra expense and got my C&R license.
Mitch
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Joined: Dec 2001
Posts: 817 Likes: 65
Sidelock
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Sidelock
Joined: Dec 2001
Posts: 817 Likes: 65 |
Gentleman,
You have to remember that it is the responsibilty of the FFL to protect his license. If he wants to refuse a C&R license, he can.
The C&R license is a confusing thing. One big mistake people make is a C&R license does NOT give the ability to deal in firearms. It only grants you the ability to collect. Big difference. It is NOT a loophole around having a store front business or hours of operation. You are a collector, period.
If during a review, the ATF determines that you are not collecting, you are "dealing in firearms", you could find yourself in hot water with not just the ATF, but the IRS as well.
Generally, if a firearm is 50 years or older, it is a curio or relic based on it's age. They are not all listed on the C&R list. You can write to the Bureau of ATF Firearms Technology Branch to have a firearm considered for classification as a curio or relic. It is best to submit all of your research and evidence backing up your request rather than leaving it up to them.
Kind regards,
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Joined: Apr 2002
Posts: 6,250
Sidelock
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Sidelock
Joined: Apr 2002
Posts: 6,250 |
You have to remember that these dealers were in their past lives used car salesmen, and not historians!
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Joined: Feb 2003
Posts: 1,679 Likes: 24
Sidelock
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Sidelock
Joined: Feb 2003
Posts: 1,679 Likes: 24 |
Let's hear it for Jim Legg once more. He has a way of distilling a conversation down to its essence; what he (and some others here) say is right but Jim cut through to the chase. You gotta go to the horse's mouth and avoid the other end.
[IMG]
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Joined: Jan 2002
Posts: 5,983
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 5,983 |
Thank you, Gil, My local FFL is so good and helpful to me that I try not to argue with him(for me, that's not easy!). He ships for me at his cost, receives for me and makes transfers, all with no charge, so I really don't want to P... him off. But the fact remains that he, and many other FFL holders "know" a lot of wrong things about the rules. Fred mentioned asking a cop. That's probably the last place to get a right answer about most anything regarding guns. Nothing against the cops, God bless them.
> Jim Legg <
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Joined: Jan 2002
Posts: 1,439 Likes: 4
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 1,439 Likes: 4 |
Situation: Owner's gun has been on consignment at a dealer's store. Owner decides not to sell gun and asks for gun to be shipped back to him.
Question: Is the dealer required to ship the gun to an FFL?
Thanks.
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Joined: Feb 2004
Posts: 13,883 Likes: 19
Sidelock
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Sidelock
Joined: Feb 2004
Posts: 13,883 Likes: 19 |
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Joined: May 2004
Posts: 2,125 Likes: 38
Sidelock
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Sidelock
Joined: May 2004
Posts: 2,125 Likes: 38 |
In NJ, you can not get your gun back from a dealer unless he runs a NICS(sp.?) telephone check and pay $15.00 for the privelege
So many guns, so little time!
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Joined: Aug 2003
Posts: 333 Likes: 1
Sidelock
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Sidelock
Joined: Aug 2003
Posts: 333 Likes: 1 |
I think that when a dealer (FFL licensee) receives a gun, whether by purchase or consignment, he is required to enter it into his log book. When he disposes of the gun he has to enter into his log book the disposition of that gun. So he either has to log it out to another FFL licensee or run a NICS check and have the form on file. I don't see how he can simply hand it back to the previous owner with no paperwork. I can find no ATF regulation to the contrary.
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