Question - selling a C&R rifle

**Kies99** · October 14th, 2008, 08:24 AM

I have a German K98 and a Russian 91/30 I am looking to sell and I have a question.

I used to have a C&R license, but let it lapse (expired this past July).

Can someone just confirm that I can sell/ship out of state as long as the buyer has a valid C&R license. Correct?

**The Drew** · October 14th, 2008, 09:05 AM

You're now a regular person as far as the BATFE is concerned, and you can only ship that rifle out of state if it is legal for a nonlicensed individual to sell like that.

I'm leaning towards no, but you certainly could sell it FTF.

**IV_Warrior** · October 14th, 2008, 09:12 AM

Taken from the ATF Firearms FAQ

(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

I bolded the relevant part. It sounds to me that as long as the firearm qualifies as a C&R you may transfer it interstate to an individual with a C&R License.

**The Drew** · October 14th, 2008, 09:18 AM

That's what I was looking for... Looks like you can. Make sure you get a faxed copy of the C&R for CYA purposes.

**Kies99** · October 14th, 2008, 09:50 AM

Thanks for the replies.

I did some more digging here on the forum and found reference to here:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b7 (Bold and Red are mine):

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

Looks like I definitely can mail to a licensee! Looks like I can even use the Post Office which will make it easier (though would probably use UPS).

**Karl/PA** · October 14th, 2008, 10:31 AM

I have a C&R and have done this for years. Post Office is definitely cheaper by a lot. Be careful with a FTF to an out of state person. Not sure that its legal for a non-licensee tho I would think the "adjoining state" rule might kick in.

**crffl** · October 14th, 2008, 12:17 PM

Originally Posted by Karl/PA

I have a C&R and have done this for years. Post Office is definitely cheaper by a lot. Be careful with a FTF to an out of state person. Not sure that its legal for a non-licensee tho I would think the "adjoining state" rule might kick in.

There is no "adjoining state" state rule anymore. All out of state sales have to go through a licensed invidual.

Direct from the people in charge...

www.atf.treas.gov/firearms/faq/faq2.htm

B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

**shiloh** · October 16th, 2008, 11:04 AM

Originally Posted by The Drew

That's what I was looking for... Looks like you can. Make sure you get a faxed copy of the C&R for CYA purposes.

If selling to a C&R holder you need to get an copy of the buyer's C&R license signed in ink, rather than a fax, according to the book the ATF sends along with the license.

Slightly off-topic add-on: I just visited the C&R section on ATF's web site (http://www.atf.gov/firearms/curios/index.htm) and noticed it now says firearms in original condition automatically attain C&R status when they are 50 years old (except for NFA firearms). They don't have to be specifically listed in the ATF C&R list. I had always been told guns had to be on the ATF list to be C&R eligible. Good to know -- now that Smith and Wesson Model 29 made in 1958 that I had my eye on is C&R eligible!