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Joined: Nov 2006
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Sidelock
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Sidelock
Joined: Nov 2006
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Fortunately I have never been involved with a seller who would not ship a C&R gun to my C&R address. My local 01FFL "only" charges $30 for a transfer. However, I would have to decide whether a gun that I really wanted was worth $30 more if I ran into one of these ignorant and/or greedy sellers who refused to honor my 03FFL. Why did the BATF create the 03FFL if not for this? Its like the local drivers who won't turn right on red when the intersection is clear, even though they legally can. Even if you have an H1 with an I-beam welded to the front you can't legally push them through the intersection, even though thats what you would like to do. Like Ron White said "you can fix ugly, but you can't fix stupid". Unfortunately, there are a lot of unfixable people out there and gun collectors and dealers are not exempt. On the other hand in the rare instance where I sell a gun and the buyer demands that I ship it from an 01FFL, he is going to pay the $30 or he doesn't get the gun.
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Joined: Jan 2002
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Sidelock
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Sidelock
Joined: Jan 2002
Posts: 4,015 |
It's easy to heckle from the cheap seats and quite another to be playing in the game...... and this from some one who thinks the C&R is not a FFL GunPlumber: "As far as the C&R license, it is not an FFL. A C&R license allows you to collect for your own use, not to act as a go between or dealer." BTW Gun Plumber,many in the "cheap seats" have more invested in guns and knowledge then those in the 01 seats ! tudrgs ; "Doncha wish that BATF would post a "FAQ" section which would answer all these questions which are debated endlessly by people who have opinions, or think they know the law?' They do ! here ya go; http://www.atf.gov/firearms/faq/unlicensed-persons.htmlhttp://www.atf.gov/contact/faq/Dr Bob; "However,I would have to decide whether a gun that I really wanted was worth $30 more if I ran into one of these ignorant and/or greedy sellers who refused to honor my 03FFL. Why did the BATF create the 03FFL if not for this? Its like the local drivers who won't turn right on red when the intersection is clear, even though they legally can. Even if you have an H1 with an I-beam welded to the front you can't legally push them through the intersection, even though thats what you would like to do. Like Ron White said "you can fix ugly, but you can't fix stupid". Unfortunately, there are a lot of unfixable people out there and gun collectors and dealers are not exempt."Agree 100% and,after filling out the 4473,then you still have to put in in your bound book ! Thats why when I run into ignorant/greedy dealers who will not take my FFL I pass on the deal !
Hillary For Prison 2018
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Joined: Dec 2001
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Sidelock
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Sidelock
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And I stand by what I said. A C&R license does not give you the ability to act as a dealer in firearms. It simply allows you to assemble a collection for personal use.
What part of running a business as a licensee sees fit do you not get?
Last edited by GunPlumber; 03/26/11 07:26 AM.
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Joined: Feb 2005
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Sidelock
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Sidelock
Joined: Feb 2005
Posts: 7,438 |
Let me see if I understand all this. You buy a C&R eligible gun from someone. The seller is "Mr Cautious" and decides that even though you show them it's perfectly legal to ship the gun to you and send them a copy of your C&R license for shipment. He takes the gun to his local 01 FFL along with a copy of your C&R. The 01 FFL then refuses to ship the gun to anyone other than another 01 FFL even though he'd knows it's perfectly legal to do so. Let's see what this 01FFLs exact liability is inre. to his 01 License? He has to ship the gun to the named individual and address on the license. That is the requirement for C&R shipment and in doing so he has complied with the BATF regulations. What exactly could he do here to put himself or his license at risk by following these regulations to a T? Any firearm I have shipped goes out with tracking and a "signature required" at the other end so I can verify it was delivered should ther ever be an issue(never happened to me). Again "Just where does this 01FFLs liability kick in in the above tansaction?" I am right back to my initial point it's all about Money and control on the part of some 01 FFL holders. Jim
The 2nd Amendment IS an unalienable right.
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Joined: Nov 2006
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Sidelock
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Sidelock
Joined: Nov 2006
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I would suggest a test case. One of us who have a C&R 03FFL is refused shipment of an eligible gun by an 01FFL. File a formal complaint with the BATF. Perhaps, the 01FFL holder will lose their license because they are too stupid to have one. As I look at this it is funny. At the Honolulu Airport bars the bartender is required to "card" everybody. Even me with gray hair and a beard. No big deal, I just laugh at being "carded". However, if they decided that they would't serve anybody younger than 60, and I don't meet that requirement quite yet, although I am quite over the legal age of 21 to purchase alcohol, can they do this? Well, I suppose that they might get away with it, although it would be stupid from a business standpoint. I wonder what would happen if I sued on an age discrimentation basis if that were to happen? I don't know how the BATF runs, but in most circumstances, failure to know the law, and comply with it, including the rights of an 03FFL holder, would result in penalties to those denying those those rights to those holding that license.
Last edited by DrBob; 03/26/11 02:32 AM.
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Joined: Jan 2002
Posts: 1,435 Likes: 1
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 1,435 Likes: 1 |
I was just thinking about my experience with 01 FFL holders when buying C&R firearms. Every single one of them has been exemplary. Not one has ever refused or even hinted at a question about my CC&R FFL. Perfect transactions all.
I was also thinking that every one of my C&R purchases has been above the $1500 mark, most of them much more than that. I don't think there are very many stupid people that are successful businessmen and have 01 FFL's.
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Joined: Jan 2002
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Sidelock
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Sidelock
Joined: Jan 2002
Posts: 4,015 |
And I stand by what I said. A C&R license does not give you the ability to act as a dealer in firearms. It simply allows you to assemble a collection for personal use.
"What part of running a business as a licensee sees fit do you not get?"
1) You said it was not a FFL ! It is,its 03 FFL ! BTW it allows you to do more then just "assemble a collection" go read it. "http://www.atf.gov/firearms/faq/curios-relics.html#license-privileges "Q: 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." 2) You can run a business any way you like but telling me its more "risk" or your being "CAUTIOUS" and not take a 03 FFL is BS !Your either ignorant or greedy or both as there is no additional risk involved ! Now if they said no 03 FFL's as I am "to greedy" "to lazy" or "to stupid" to accept them,that's fine with me. There are lots of 01 FFL who don't do transfers for anyone,thats fine too.Many of the custom gun builders and gunsmiths don't accept transfers unless its for their regular customers,again fine and it makes sense.They have a talent that rewards them better then running a day to day gunshop,wasting time with transfers instead doing the more lucrative work they are skilled at is understandable. Not the same as a 01 dealer who claims 03's are "more risky" so he will not deal with them.
Hillary For Prison 2018
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Joined: Nov 2006
Posts: 3,437 Likes: 34
Sidelock
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Sidelock
Joined: Nov 2006
Posts: 3,437 Likes: 34 |
I don't think there are very many stupid people that are successful businessmen and have 01 FFL's. I think this thread pretty much proves that opinion may not be correct.
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Joined: Oct 2006
Posts: 879
Sidelock
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Sidelock
Joined: Oct 2006
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Dave K - Thanks for the "FAQ" reference. Should be required reading for anyone who posts on this subject
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Joined: Dec 2001
Posts: 764 Likes: 23
Sidelock
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Sidelock
Joined: Dec 2001
Posts: 764 Likes: 23 |
There is just no reasoning with someone afflicted with Napoleon syndrome.
To each his own. In the end, it really doesn't matter how you interpret the law anyway. If you are not happy with the service provided by an 01 FFL, you certainly have the right to find another.
Just as they certainly have the right to refuse service to you.
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