C&R question

DoD1776 · Apr 12, 2017

I thought you have to go to a FFL? Is a C&R license allowing you to get rifles shipped to your house?

Bananabandit · Apr 12, 2017

Adults are talking.

The license is to enhance your collecton, not business. Does not matter where it comes from, as long as the firearm is C&R eligible. But yes, the license gives you the ability to skip the FFL transfer.

WileyX585 · Apr 12, 2017

Yes. A C&R is a type 03 FFL allowing you to buy and ship rifles that for that category to your home. Wether it be from a business or a person. Just be sure to keep a log book of everything.

Here in Georgia, I can get handguns also on my C&R

Bananabandit · Apr 12, 2017

WileyX585 said:
Yes. A C&R is a type 03 FFL allowing you to buy and ship rifles that for that category to your home. Wether it be from a business or a person. Just be sure to keep a log book of everything.

Here in Georgia, I can get handguns also on my C&R

Id renew my C&R here if we could do handguns.

Calculon · Apr 12, 2017

You can buy directly from another C&R holder or FFL as long as it's a C&R eligible rifle. Unfortunately here in the People's Republic of New Yorkistan all C&R eligible pistols must go through an FFL as "normal."

Podmonkey · Apr 12, 2017

Calculon said:
You can buy directly from another C&R holder or FFL as long as it's a C&R eligible rifle. Unfortunately here in the People's Republic of New Yorkistan all C&R eligible pistols must go through an FFL as "normal."

What is the point of having a C&R then?

Bananabandit · Apr 12, 2017

If you want an sks or mosin (or both) it's worth going through C&R license before purchasing.

Of course theres many others (they supply a book with eligible guns), those being most common.

Snappo · Apr 12, 2017

NirvanaFan said:
So, I applied for my C&R license a bit ago. Talk me into a C&R license

I've got a question about buying rifles. I understand that I can buy a rifle from an out of state seller (dealer, collector, or individual) and have it shipped to my door. No questions there.

What about in state though? Can I still buy a gun directly from individuals and have it shipped to my house? From other C&R holders? From dealers?

I have had my C&R since 2000. You can buy from any dealer in any state in America, and it comes via US Post Office to your door. There are tons of really collectible things you can buy, and lots of inexpensive stuff too. From WW II, I have bought France (MAS pre Vichy, and Vichy), England (Enfield), Japan (Arisaka), Germany (Mauser), Russia (Mosin), USA (M1 30 cal), Switzerland (Karabiner), Italy (Carcano), India (Lee), and a few other countries I am probably not thinking of. For sidearms, I have Germany, Czechoslovakia, Russia, USA, Japan. There is a lot of cool stuff you can get that is Class III and C&R, but alas NY refuses to let you do that. There are M1928A1 collector edition Tommy guns from the Korean War era and whatnot on the C&R list.

Snappo · Apr 12, 2017

Bananabandit said:
Id renew my C&R here if we could do handguns.

You "sort of" can. You get the C&R pistol shipped to a family member out of state (I do my mom in CT), then have them ask their local FFL to them to send it to your FFL locally. Then you just bring the receipt to the Sheriff and have it added to your ownership list. I have lots of old pistols I have bought from the good C&R places like Southern Ohio Guns, J&S, etc. In fact, right now SOG has some really nice P64's for like $200. Save some money for this summer though - Obama approved all those antique 1911's to go to the CMP. I think we get to buy them this summer. It's just pending approval from the Secretary of the Army. My plan is to drive to CMP North and get a few and have them shipped back to my FFL. They do that on-site at Camp Perry.

RayKnobs · Apr 12, 2017

NirvanaFan said:
Can someone show me where C&R licensees are exempted from the background check requirement of a C&R eligible gun in the SAFE Act? I don't see it.

The only thing the law changed was private sales.
New York General Business Law § 898. Private sale or disposal of firearms, rifles and shotguns
As you are a holder of a federal firearms license it would not be considered a "private sale" When you obtained a firearm.

Bananabandit · Apr 12, 2017

Snappo said:
You "sort of" can. You get the C&R pistol shipped to a family member out of state (I do my mom in CT), then have them ask their local FFL to them to send it to your FFL locally. Then you just bring the receipt to the Sheriff and have it added to your ownership list. I have lots of old pistols I have bought from the good C&R places like Southern Ohio Guns, J&S, etc. In fact, right now SOG has some really nice P64's for like $200. Save some money for this summer though - Obama approved all those antique 1911's to go to the CMP. I think we get to buy them this summer. It's just pending approval from the Secretary of the Army. My plan is to drive to CMP North and get a few and have them shipped back to my FFL. They do that on-site at Camp Perry.

Wouldnt it be the same as being shipped to FFL, pay transfer ?

Or did I not understand it?

RayKnobs · Apr 12, 2017

Actually those terms aren't defined in 922, they are defined in 921. Another thing NY screwed up.

Calculon · Apr 12, 2017

Your C&R makes you a licensed collector so it's not a private sale.

RayKnobs · Apr 12, 2017

If you go to GBS 897
Sale of a firearm, rifle or shotgun at a gun show
you get this:

"1. A national instant criminal background check shall be conducted and no person shall sell or transfer a firearm, rifle or shotgun at a gun show, except in accordance with the provisions of 18 U.S.C. 922(t). f"

922 allows transfers for holders of collectors licenses. So NY allowed transfers with a C&R at gun shows. Perhaps the people that wrote the law didn't know a "collector" even existed? They give blanket permission and gun shows but not outside?

RayKnobs · Apr 12, 2017

Calculon said:
Your C&R makes you a licensed collector so it's not a private sale.

But he's right, the way the law is written says nothing about "private" it says "all transfers"

RayKnobs · Apr 12, 2017

I wonder if there is something in the Brady check law that exempts license holders. Maybe you get out of it in there.

RayKnobs · Apr 12, 2017

Why do you think the requirement is different for in state vs out of state?

RayKnobs · Apr 12, 2017

If it makes a difference, I have bought in state on my C&R license from private parties and FFL dealers. No background checks

WileyX585 · Apr 12, 2017

NirvanaFan said:
I think it still is a private sale. NY law basically says, "all transfers have to be done by an importer, manufacturer or dealer. Refer to federal law for definitions." Federal law makes a pretty clear distinction between a dealer and a collector. "Collectors" aren't allowed to bypass the requirement for a NICS check (I don't think).

I ask this question because I want to buy a C&R rifle from someone I don't know who lives in the state, and they'd have to send it to me through the mail.

As told to me by the ATF (IANAL) the rifle goes into your license not to your person. If at any time it no longer meets the requirements of C&R (I.E. putting a tapco stock on an SKS) then it must be taken to a dealer and 4473 done and it to be taken off the C&R log book.

RayKnobs · Apr 12, 2017

Just do it. There are bigger fish to fry. That's why I threw my book away when my license expired.

RayKnobs · Apr 12, 2017

I did find a nice loophole. No Brady check has to be performed if "there is an absence of telecommunications facilities in the geographical area in which the business premises are located."

C&R question

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