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Posted By: Marks_21 Help with basic C&R questions - 01/14/14 06:14 PM
Thank you all for the answers and cautions given. Dave K thank you very much for the time taken to form your reply.
Jason
Posted By: David Williamson Re: Help with basic C&R questions - 01/14/14 06:35 PM
A C&R license is not for selling, only buying 50+ year old guns.
For your second question, only firearms bought when you had the C&R and had to show proof of it by sending or giving the seller the form.
Posted By: Marks_21 Re: Help with basic C&R questions - 01/14/14 07:16 PM
I understand it is not a dealer license and you cannot reassign ownership to another individual, but you have I be able to "sell" them somehow.
Posted By: GJZ Re: Help with basic C&R questions - 01/14/14 08:26 PM
You can add to your collectionn as you see fit and you can dispose guns from your colection as you please(treat them like any other sale). You cannot make it a business. C&R guns in your possession before obtaining a license must be added to your book when you get rid of them and if you buy a C&R gun, no matter from whom or how, it must be logged into your bound book. And, none of your non-C&R guns have any business being in your bound book.
Posted By: DrBob Re: Help with basic C&R questions - 01/14/14 09:50 PM
Jason,
No limit on numbers
No non C&R in book
Previously owned guns do not have to be entered, matter of fact shouldn't unless you sell.
There is no defined limit on the number of guns you can sell, but it must not be a business.I don't know how they define this and if there is a limit on selling. They may come to look at you if you are selling dozens of guns a year. You can only sell to another FFL if it is out of state. You have to tell them how many you bought and sold when you renew.
Face to face sales at shops or show, the same just give a signed copy for an eligible gun.
If your state allows face to face sales between individuals I don't believe you need the C&R, but I have yet to test that as there weren't any in Hawaii and I haven't been looking since moving.
Posted By: Chuck H Re: Help with basic C&R questions - 01/15/14 12:14 AM
All these questions should be answered by reading the ATF website. Type in Curios in the search bar of the Firearms page of the ATF.gov site. Asking a question on a forum about firearms laws will get you a lot of versions on what is required and what is recommended. Best to read it yourself. "...a guy on the doublegunshop forum said it was legal to..." won't save your butt when the ATF comes knockin.
Posted By: Recoil Rob Re: Help with basic C&R questions - 01/15/14 01:00 AM
+What Chuck H said. If you follow advice given by a third party you get what you deserve. Call the ATF with your questions. And document your calls.
Posted By: GJZ Re: Help with basic C&R questions - 01/15/14 01:14 AM
Yeah, follow what ATF tells you to do. That's like calling the IRS for tax guidance or asking a cop for legal advice. Good luck.
Posted By: Chuck H Re: Help with basic C&R questions - 01/15/14 01:44 AM
On the ATF site you can find a link to the laws. The laws are often much simpler than recommended practices. For example, the recommended practice is to obtain a signed copy of a dealer's FFL as verification he has one before you ship a gun. The law doesn't specify that you need to verify he has an FFL. The law simply states you must ship to an FFL. If you believe Remington, Winchester, Briley, or Joe Bag-o-donuts gunsmith has one, you can send it. The only thing required by law is that you indeed ship it to a FFL. If it turns out Winchester doesn't have one, you violated the law. If Joe the gunsmith tells you on the phone he has a FFL, and you send it, you didn't violate any law as long as he actually does have one.
Posted By: Dave K Re: Help with basic C&R questions - 01/15/14 12:32 PM
1) No Limit,only that you are not "engaged in the business"

: What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

[27 CFR 478.11]

"Q: Does a license as a collector of curio or relic firearms authorize the collector to engage in the business of dealing in curios or relics?

No. A collector’s license only enables the collector to transport, ship, receive, and acquire curios and relics in interstate or foreign commerce, and to make disposition of curios and relics in interstate or foreign commerce, to any other licensee, for the period stated on the license. A collector’s license does not authorize the collector to engage in a business required to be licensed under the Act. Therefore, if the acquisitions and dispositions of curios and relics by a collector brings the collector within the definition of a manufacturer, importer, or dealer, he shall qualify as such. A dealer’s license must be obtained to engage in the business of dealing in any firearms, including curios or relics."




2)NO ;Only added ones added to book are C&R qualified if you sell them while licensed-in the acquisition section put "acquired before license"

27 CFR 478.125.

f) Firearms receipt and disposition by licensed collectors. Each licensed collector shall enter into a record each receipt and disposition of firearms curios or relics. The record required by this paragraph shall be maintained in bound form under the format prescribed below.


3)Yes; it goes in the "bound book"

See 27 CFR 478.125.

4)Yes; it goes in the "bound book"

See 27 CFR 478.125.

5)Yes to "previously acquired" and double yes to acquired by FFL they should be in there already-see 27 CFR 478.125.


http://www.atf.gov/firearms/faq/curios-relics.html#license
Posted By: Marks_21 Re: Help with basic C&R questions - 01/15/14 01:34 PM
Thank you all for the answers and cautions given. Dave K thank you very much for the time taken to form your reply.
Jason
Posted By: Dave K Re: Help with basic C&R questions - 01/15/14 02:05 PM
Happy to help Jason, and hope you join those of us who have a 03 FFL,I bet you will be happy you did !

Here is another forum that might help with questions-its not very active but some good info is in past posts.I would recommended you always try and find ATF CFR's to back up any answers you find by either forums OR over the phone with ATF. Verbal "rules" are not worth the paper they are printed on.


http://parallaxscurioandrelicfirearmsfor...ms#.UtaUbLTpg4M
Posted By: Chuck H Re: Help with basic C&R questions - 01/15/14 05:03 PM
I've found the ATF website and publications to be very clear on any questions I've had regarding C&R activities.

The issue I've run up against a few times has been a dealer honoring the C&R license. C abelas wouldn't honor my C&R a couple different times over the years. I'm sure being a resident of California was a factor. Dealers just don't want to learn what the laws are for California residents with a C&R.
Posted By: James M Re: Help with basic C&R questions - 01/15/14 09:59 PM
I've made it my own personal practice NOT to buy or sell to anyone who won't accept my C&R License. That certainly eliminates New Jersey and probably some other "Blue" States from the places where I won't participate. I've also told some 01 FFLs who won't honor my C&R license where to go.
Jim
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