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California CFLC
tambourineman
Member Posts: 150 ✭✭
Help
I am a FFL dealer and I have a customer who wants to purchase a Winchester 1894 rifle which serial numbers as an antique.
Can this legally be shipped to the customers home?
The customer is not an FFL holder and there is no provision on the CFLC website for an antique being shipped.
Do you have a copy of the California law pertaining to antique firearms being shipped?
Thank You
I am a FFL dealer and I have a customer who wants to purchase a Winchester 1894 rifle which serial numbers as an antique.
Can this legally be shipped to the customers home?
The customer is not an FFL holder and there is no provision on the CFLC website for an antique being shipped.
Do you have a copy of the California law pertaining to antique firearms being shipped?
Thank You
Comments
Help
I am a FFL dealer and I have a customer who wants to purchase a Winchester 1894 rifle which serial numbers as an antique.
Can this legally be shipped to the customers home?
The customer is not an FFL holder and there is no provision on the CFLC website for an antique being shipped.
Do you have a copy of the California law pertaining to antique firearms being shipped?
Thank You
Antique or C&R? Pre-1899 vs. 50 years old...
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
'Antique' firearms need not be shipped to a licensed dealer. These can be shipped directly to the buyer. An antique firearm is a firearm built in or before 1898, or a replica thereof. The exact ATF definition of an antique firearm is:
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
I am quite sure tons of 1894's get mailed directly to people-and technically it would be an antique but the fact that ammunition is readily available might be the kicker.
Here is an excerpt from California Penal Code Section 12001 (e): "(e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an 'antique firearm' in Section 921(a)(16) of Title 18 of the United States Code."
I added the emphasis in bold print. The CFLC law is contained in Section 12072 (f).
Help
I am a FFL dealer and I have a customer who wants to purchase a Winchester 1894 rifle which serial numbers as an antique.
Can this legally be shipped to the customers home?
The customer is not an FFL holder and there is no provision on the CFLC website for an antique being shipped.
Do you have a copy of the California law pertaining to antique firearms being shipped?
Thank You
I am a Type 03 FFL (C & R)and a CA residents. I routinely receive C & Rs from out of state and do quite a few "from out of state" to my favorite CA Type 01 FFL transfers of modern guns.
CFLC applies to only Type 01 FFL Dealers mailing to a CA Type 01 FFL Dealer. The gun in question isn't all that important, the CFLC focuses on the status of the sending and receiving parties. For example, if a nonlicensed person mails a modern firearm to a CA Type 01 FFL - no CFLC is needed because the sender is not an FFL. If you were to mail a C & R handgun into CA, it must (per CA law) be sent to a Type 03 FFL Dealer, a C & R FFL in CA is not acceptable for handgun receipt by mail, and you would have to use CFLC.
But the 1894 is of course not a handgun and it's not a C & R, it's an antique. CA law (as already posted) allows a nonlicensed CA resident to directly receive an antique through the mail. Since the recipient is nonlicensed, no CFLC is required. If you (FFL dealer) for some reason wanted to send this same antique to a CA FFL Dealer though, you would be required to go through the CFLC.
Makes great sense doesn't it? Send a gun to someone with no license - no problem. Send the same gun to a federally licensed dealer, probably with a storefront, an established business, local licenses and insurance - CA makes you jump through hoops. One of the goals of the CA CFLC isn't gun control - it's market control. Limit outside FFL Dealer access, create a more captive market and then be able to charge more $$$ to CA residents. Thanks Arnold.
It is greatly appreciated.
God help us all if California starts influencing other states with that Dumdass CFLC