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C&R license & shipping destination

billtopersbilltopers Member Posts: 6 ✭✭
edited April 2011 in Ask the Experts
Can a non-licensee ship a C&R long gun to an out of state to C&R licensee when buyers address is not the same as on his license?

Comments

  • cpermdcpermd Member Posts: 5,273 ✭✭✭
    edited November -1
    No

    Why would you even ask??

    CP
  • billtopersbilltopers Member Posts: 6 ✭✭
    edited November -1
    Because the ATF told me that they have to ask their legal department in the am in response to this very question
  • Spider7115Spider7115 Member Posts: 29,704 ✭✭✭
    edited November -1
    No. It could be a stolen copy. Send it ONLY to the address on the license.
  • billtopersbilltopers Member Posts: 6 ✭✭
    edited November -1
    The licensee wants it shipped to his business address. I want to do whats legal. He states that it is legal to do so & is why I am asking and concerned considering ATF needs to consult legal. I have only ever shipped to licensee's address listed on C&R's
  • cpermdcpermd Member Posts: 5,273 ✭✭✭
    edited November -1
    quote:Originally posted by billtopers
    Because the ATF told me that they have to ask their legal department
    in the am in response to this very question


    That is very hard to believe.
    The law is very clear and not open to any interpretation.

    CP
  • billtopersbilltopers Member Posts: 6 ✭✭
    edited November -1
    Where does is state this law exactly, cause the buyer in question is a lawyer so I need to be accurate
  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    FFL dealers may have firearms delivered to any location, not just those listed on their FFL. Licensed collectors must have firearms delivered to the address listed on their FFL; this can be the physical/premises address or the mailing address.
  • 1KYDSTR1KYDSTR Member Posts: 2,361 ✭✭✭
    edited November -1
    On a C&R it has to go to the address stated on the license...no wiggle room on that. I ignorantly badgered a young lady in the shipping dept> of a large mil-surp co. in the SE to send me a Steyr Hahn to my work; she was fired when the company discovered the error.
  • givettegivette Member Posts: 10,886
    edited November -1
    Because you came to the Ask The Experts forum, you have a leg-up on many people.

    You did good.

    I would E-mail this string (it's the 'http' on the very top of your page-C&P it) to the person who is questioning all this. Best, Joe
  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    I have been unable to find any requirement that a C&R be sent only to the address on the license. (I checked ATF P5300.4, ATF P5300.11, & all issues of the FFL Newsletter.)

    OTOH, I was also unable to find a requirement that you transfer a C&R to anyone you don't want to. Simply tell the buyer, "I'm not comfortable with shipping to a different address." Period. He either arranges to be at his licensed premises when it is delivered (or requests alternate arrangements with the carrier), or you do not ship the gun.

    Neal
  • billtopersbilltopers Member Posts: 6 ✭✭
    edited November -1
    I have found this on the ATF in regards to my question I am most interested in paragraph C Line 6 of this document. I really need to find the exact policy


    27: Alcohol, Tobacco and Firearms
    PART 478-COMMERCE IN FIREARMS AND AMMUNITION
    Subpart D-Licenses


    Browse Next


    ? 478.41 General.
    (a) Each person intending to engage in business as an importer or manufacturer of firearms or ammunition, or a dealer in firearms shall, before commencing such business, obtain the license required by this subpart for the business to be operated. Each person who desires to obtain a license as a collector of curios or relics may obtain such a license under the provisions of this subpart.

    (b) Each person intending to engage in business as a firearms or ammunition importer or manufacturer, or dealer in firearms 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 the license required for such business from the Chief, Federal Firearms Licensing Center. Except as provided in ?478.50, a license must be obtained for each business and each place at which the applicant is to do business. A license as an importer or manufacturer of firearms or ammunition, or a dealer in firearms shall, subject to the provisions of the Act and other applicable provisions of law, entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce and to engage in the business specified by the license, at the location described on the license, and for the period stated on the license. However, it shall not be necessary for a licensed importer or a licensed manufacturer to also obtain a dealer's license in order to engage in business on the licensed premises as a dealer in the same type of firearms authorized by the license to be imported or manufactured. Payment of the license fee as an importer or manufacturer of destructive devices, ammunition for destructive devices or armor piercing ammunition or as a dealer in destructive devices includes the privilege of importing or manufacturing firearms other than destructive devices and ammunition for other than destructive devices or ammunition other than armor piercing ammunition, or dealing in firearms other than destructive devices, as the case may be, by such a licensee at the licensed premises.

    (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.)

    (18 U.S
  • givettegivette Member Posts: 10,886
    edited November -1
    Item in bold print, above certainly means to me that if he wants the firearm to go to location 'B', instead of location 'A', he'd darn well better have a license that shows the address of location 'B'.

    Best, Joe
  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    I live out in the country. If I know a gun is due to arive on a given day and I see the UPS driver in town, can he give it to me there? Technicaly he has no idea what is in the box.
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