C&R FFL Out of State

[stanj0]

I just stuck my C&R Application in the mail today. I am a NY Resident with a pistol permit, thanks for reading and if you can educate me on this issue I would appreciate it.

There will be a gun show in my parents state this Summer (they live in a free state FYI), would I be able to go to that gun show, buy a C&R pistol with my 03 FFL, and then leave it with my parents? I understand unregistered pistols in NY are a BIG no no, so that is why I would leave it with them.

Does this situation check out?

 

[Acer-m14]

what county you in .. that will help a lot for us to help ..
you can't do a thing till your ffl03 gets approved and you get your cert .. .. i think the thing is do not sign it .. you make copies of it and sign the copies to give to seller .. do not sign the original one

 

[Eddie Gunks]

Call the atf and ask them.

I do not know about 03, but do the atf come and check your books at all? If they do they are gonna want to know where that gun is.

Seems a bit sus to me, Buying a gun outta state and them leaving it with someone else.,,....

 

[Bob]

I do not know about 03, but do the atf come and check your books at all?

It's rare, but they can and do.

 

[WileyX585]

Agree with @Bullet Guy . Call and check. I know in NY you can not ship a C&R handgun to the license. It has to go to a 01. Here in Georgia you can ship them on your license no problem. Everywhere varies

 

[stanj0]

I sent an E-Mail to the ATF and will update this thread when I get a response, thanks for the replies everyone.

 

[stanj0]

Just got a reply back from the ATF. In regards to my original question...it is a yes/no answer, but mostly a no due to living in New York. Here is what they sent me.

You inquired as a NY resident with a type 03 C&R FFL would you be able to buy a C&R pistol in Wyoming at a gun show and would be keeping the historical firearm in Wyoming and not bring it back to New York.

Per Federal Law, an 03 - Collector of Curios and Relics Federal Firearms Licensee (C&R) may purchase a C&R at any location, please see 27 CFR 478.50 here, which states in part:

The license covers the class of business or the activity specified in the license at the address specified therein. A separate license must be obtained for each location at which firearms or ammunition business or activity requiring a license under this part is conducted except:

A licensed collector may acquire curios and relics at any location, and dispose of curios and relics to any licensee or to other persons who are resident of the state where the collector’s license is held and the disposition is made.

However, as an FFL any firearms in your inventory are subject to inspection by ATF. Please see 27 CFR 478.23 here:

(c) Any ATF office, without having reasonable cause to believe a violation of the Act has occurred or that evidence of the violation may be found and without demonstrating such cause before a Federal magistrate or obtaining from the magistrate a warrant authorizing entry, may enter during hours of operation the premises, including, places of storage, of any licensed collector for the purpose of inspecting or examining the records, documents, firearms, and ammunition referred to in paragraph (a) of this section (1) for ensuring compliance with the recordkeeping requirements of this part not more than once during any 12-month period or (2) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. At the election of the licensed collector, the annual inspection permitted by this paragraph shall be performed at the ATF office responsible for conducting such inspection in closest proximity to the collectors’ premises.

Essentially, if firearms are located in another state they would not be available should your local ATF office conduct an inspection at your licensed business premises, therefore you will not be allowed to leave the firearm in Wyoming.

For further information, please see the Q&A on www.atf.gov for Collectors here.


In addition, there may be State laws that pertain to this proposed activity. Contact State Police units or the office of your State Attorney General (www.naag.org) for information on any such requirements. You may also find information in ATF publication 5300.5: State Laws and Published Ordinances - Firearms.


We trust the foregoing has been responsive to your inquiry. Should you have additional questions, please contact your local ATF office. A listing of ATF office phone numbers can be found here.