C&R question

[RayKnobs]

only catch, you need approval of the state attorney general.

 

[Bananabandit]

So, I can open up a gun shop on the top of Algonquin Peak and hand out rifles like candy?

You can do whatever youd like. Each action has a consequence. But, youre still free to do it

 

[carpediem]

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?

Yes.

 

[NirvanaFan]

Yes.

Could you explain your reasoning?

 

[carpediem]

You are a licensee and not subject to the background checks. ATF ran your check. Obviously it only applies to C&R eligible guns. For all other transactions you are considered a non-licensee.

 

[NirvanaFan]

Dont all transfers have to comply with state laws still?

 

[carpediem]

Dont all transfers have to comply with state laws still?

It does. You, as a licensee, do not need a background check. Any transaction you make with a C&R long gun is covered by your license. You can buy from individuals, dealers and other C&R holders without a background check. You cannot transfer a C&R long gun to a non-licensee without a background check and that would have to go through a dealer.
Also, you have to record all acquisitions and dispositions in the A&D log and make sure that in the unlikely event the ATF comes knocking, you can readily produce it. You will also need Xerox copies of your license to send to people you want to purchase from, and you will need copies from any licensee you sell to.

 

[NirvanaFan]

It does. You, as a licensee, do not need a background check. Any transaction you make with a C&R long gun is covered by your license. You can buy from individuals, dealers and other C&R holders without a background check. You cannot transfer a C&R long gun to a non-licensee without a background check and that would have to go through a dealer.
Also, you have to record all acquisitions and dispositions in the A&D log and make sure that in the unlikely event the ATF comes knocking, you can readily produce it. You will also need Xerox copies of your license to send to people you want to purchase from, and you will need copies from any licensee you sell to.

I'm aware of the record keeping requirements. I'm just not sure on the legality of acquiring them. NY state law (business law said before) says all transfers of guns have to be done through a dealer, importer, or manufacturer, right? I don't see any exemptions for collectors.

I'm not necessarily arguing that people do it and don't get caught, because clearly they do. I'm just wondering if that's actually legal.

 

[carpediem]

I'm aware of the record keeping requirements. I'm just not sure on the legality of acquiring them. NY state law (business law said before) says all transfers of guns have to be done through a dealer, importer, or manufacturer, right? I don't see any exemptions for collectors.

I'm not necessarily arguing that people do it and don't get caught, because clearly they do. I'm just wondering if that's actually legal.

It would seem like the ATF would know if they were breaking the law, and when I had my license the ATF said as far as C&R goes, you are treated as a dealer, even though you are not really a dealer in the classical sense. Also, when you notify the CLEO in your jurisdiction and provide him a copy of your license, you have just told them that you have a Federal Firearms License and if they thought your conduct under the auspices of that license would violate STATE law, it is up to them to communicate that. I have been asked questions regarding C&R activity and what the license allows under federal law by the CLEO. They just shrugged and told me ok.
Ultimately, if you are worried about it, do it the way that makes you comfortable.

 

[Snappo]

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

Or did I not understand it?

That's a good point - I suppose I could ask someone else with a C&R to mail to my FFL instead of mailing to my mom's house. I never asked if they would do that.