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Thread: How do I sell to a C&R holder?

  1. #1

    How do I sell to a C&R holder?

    I want to sell my two Colt M1903 Pocket Hammerless and they are covered by ATF's C&R program, but I don't know how to proceed. I understand FFL sales and have done them for decades, but I've never had anything for sale previously that was covered by C&R.

    I've found plenty of "How to get your own C&R license," listings, but not step 1, step 2, ... for selling under it. If you could explain or point me to a Explain It To Me Like I'm Five description, I'd appreciate it.

  2. #2
    Site Supporter
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    Just get a copy of his C&R FFL. Once you have that, ship the guns to him. The only thing that's different as far as you're concerned as a seller is that you can't use the FFL eZCheck to verify C&R FFLs, because eZCheck doesn't list C&Rs.

  3. #3
    Site Supporter AKDoug's Avatar
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    Quote Originally Posted by Jaywalker View Post
    I want to sell my two Colt M1903 Pocket Hammerless and they are covered by ATF's C&R program, but I don't know how to proceed. I understand FFL sales and have done them for decades, but I've never had anything for sale previously that was covered by C&R.

    I've found plenty of "How to get your own C&R license," listings, but not step 1, step 2, ... for selling under it. If you could explain or point me to a Explain It To Me Like I'm Five description, I'd appreciate it.
    You have an FFL? If so you just enter his C&R license number in your book and ship it to him.

  4. #4
    Quote Originally Posted by AKDoug View Post
    You have an FFL? If so you just enter his C&R license number in your book and ship it to him.
    No, I don't have an FFL. All my previous sales have been through FFL holders.

  5. #5
    Quote Originally Posted by CleverNickname View Post
    Just get a copy of his C&R FFL. Once you have that, ship the guns to him. The only thing that's different as far as you're concerned as a seller is that you can't use the FFL eZCheck to verify C&R FFLs, because eZCheck doesn't list C&Rs.
    Thanks. That's it? I don't have to be concerned about local laws where I'm shipping it?

  6. #6
    Old man yelling at cloud OlongJohnson's Avatar
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    Mar 2015
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    Of course you always have to be concerned about local laws both where you are and where you're shipping it.

    The BATF automated FFL EZ-Check designed to check 01 FFLs will not work for C&Rs, however, there is a BATFE telephone number you can call and verify the license verbally.

    The number is 877-560-2435.

    IANAL, but I did a dive on this for one of the guns I sold this year. Federal statutes I found relevant:

    §922. Unlawful acts
    (a) It shall be unlawful—
    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

    (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.
    CFR-2012-title27-vol3-part478.pdf

    § 478.30 Out-of-State disposition of firearms by nonlicensees.
    No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
    (a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and
    (b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
    Subpart D—Licenses
    § 478.41 General.
    (c) Each person seeking the privileges of a collector licensed under this part shall file an application, with the required fee (see § 478.42), with ATF in accordance with the instructions on the form (see § 478.44), and pursuant to § 478.47, receive from the Chief, Federal Firearms Licensing Center, the license covering the collection of curios and relics. A separate license may be obtained for each collection premises, and such license shall, subject to the provisions of the Act and other applicable provisions of law, entitle the licensee 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 person licensed under the provisions of this part, for the period stated on the license.
    (d) The collector license provided by this part shall apply only to transactions related to a collector’s activity in acquiring, holding or disposing of curios and relics. A collector’s license does not authorize the collector to engage in a business required to be licensed under the Act or this part. Therefore, if the acquisitions and dispositions of curios and relics by a collector bring the collector within the definition of a manufacturer, importer, or dealer under this part, he shall qualify as such. (See also § 478.93 of this part.)
    .
    -----------------------------------------
    Not another dime.

  7. #7
    Quote Originally Posted by OlongJohnson View Post
    Of course you always have to be concerned about local laws both where you are and where you're shipping it.

    The BATF automated FFL EZ-Check designed to check 01 FFLs will not work for C&Rs, however, there is a BATFE telephone number you can call and verify the license verbally.

    The number is 877-560-2435.

    IANAL, but I did a dive on this for one of the guns I sold this year. Federal statutes I found relevant:
    Thanks - that will help, particularly the phone number.

  8. #8
    Also be advised that you must use a common carrier to ship a handgun (Fedex or UPS). USPS will only ship handguns from a 01 FFL to 01 FFL or other commercial FFL's.

  9. #9
    Quote Originally Posted by penates View Post
    Also be advised that you must use a common carrier to ship a handgun (Fedex or UPS). USPS will only ship handguns from a 01 FFL to 01 FFL or other commercial FFL's.
    Got it, thanks.

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