Question on Interstate C&R FTF Transfer

[ConewagoCZ]

Hoping someone on here can clear up the mud for me. I am a PA resident currently holding a C&R license. I am trying to determine if I can legally transfer a C&R firearm to my non-licensed father who resides in FL. This transfer would take place on my premises.

This transaction appears to be legal according to 27 CFR 478.96 (c)(1) by simply logging the transaction in my bound book but I am uncertain about state laws that may be involved.

Would appreciate some advice from anyone experienced in interstate C&R transfers, particularly to Florida.

[algoesfast]

I believe it will have to go through a FFL in FL. Because your father does not have a C&R.

[ConewagoCZ]

I believe it will have to go through a FFL in FL. Because your father does not have a C&R.

Yeah, that's kind of what I'm thinking. Everything would be a lot simpler and clearer if he had the C&R on his end of the deal.

[wa3ra]

Is the gun a gift? Would the transfer be done here in PA?

Keep in mind that there is a parent to child, and vice versa, exception in the transfer law in PA.

You would still need to record the disposition in your bound book, because it is leaving your collection.

I don't believe FL has a registration process, but if they do, a simple receipt should verify the transfer...but YOU should verify the laws, IANAL.

[knight0334]

Is the gun a gift? Would the transfer be done here in PA?

Keep in mind that there is a parent to child, and vice versa, exception in the transfer law in PA.

You would still need to record the disposition in your bound book, because it is leaving your collection.

I don't believe FL has a registration process, but if they do, a simple receipt should verify the transfer...but YOU should verify the laws, IANAL.

If the parties are of two different states - federal law must be abided by first. ..which this is an interstate transfer requiring a FFL in the receiving party's state. PA's private transfer exemption has no bearing on the matter.

[Throwin Lead]

If the parties are of two different states - federal law must be abided by first. ..which this is an interstate transfer requiring a FFL in the receiving party's state. PA's private transfer exemption has no bearing on the matter.

I too hold a C&R license and tend to agree with the above post. Although there are provisions for gifting C&R items to family in this case it becomes a bit grey. The reason I'm thinking is because your dad is a non resident of PA since he is living in Florida.

CFR 478 Subpart D
478.50 (b) A licensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee or to other persons who are residents of the State where the collector's license is held and the disposition is made;

I certainly wouldn't risk shipping directly to your dad a firearm via UPS since he is a non license holder. You may have to ship it to a local gun store where he lives and he may have to deal with whatever charges are required.

The best advice I can give is to contact the local ATF field office and ask an agent your question. When/if you call please have a notepad present, note the date , time of day, agents name and write down your question(s) and his answers. When finished with the agent, place the document in a page protector and staple it to the last page of your bound book or insert it in the rear of your 3 ring binder if that is what you use. Regardless of how it comes to pass be certain to log out the firearm in your bound book and keep the documentation from the agent.

Link to CFR: http://ecfr.gpoaccess.gov/cgi/t/text...98b86c;cc=ecfr

[knight0334]

I too hold a C&R license and tend to agree with the above post. Although there are provisions for gifting C&R items to family in this case it becomes a bit grey. The reason I'm thinking is because your dad is a non resident of PA since he is living in Florida.

CFR 478 Subpart D
478.50 (b) A licensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee or to other persons who are residents of the State where the collector's license is held and the disposition is made;

I certainly wouldn't risk shipping directly to your dad a firearm via UPS since he is a non license holder. You may have to ship it to a local gun store where he lives and he may have to deal with whatever charges are required.

The best advice I can give is to contact the local ATF field office and ask an agent your question. When/if you call please have a notepad present, note the date , time of day, agents name and write down your question(s) and his answers. When finished with the agent, place the document in a page protector and staple it to the last page of your bound book or insert it in the rear of your 3 ring binder if that is what you use. Regardless of how it comes to pass be certain to log out the firearm in your bound book and keep the documentation from the agent.

Link to CFR: http://ecfr.gpoaccess.gov/cgi/t/text...98b86c;cc=ecfr

I can save everyone the long distance toll fees.. A C&R firearm that doesn't qualify as a "antique"(pre-1898, etc), when being transferred from a C&R Licensee to a non-licensee, must follow the same rules as if it were like any other modern gun between two non-licensee's.

The gun must be transferred through a FFL in the recipient's home state.

The only exemptions for interstate transfers are those:

1. to a licensee
2. in the event of bequest or intestate transfer(aka, someone dies and the gun having been willed to someone or passed down from family estates).
3. the firearm meets the definition of an antique gun (muzzleloaders, pre-1898, guns using fixed ammo that isn't in production or ammo not readily available in normal means of commerce)

[wa3ra]

The only reason that I wonder is because he said the transfer was going to be face-to-face, here in Pennsylvania.

I've never transferred any of my C&R guns to a non C&R holder, so I've never run into the question before.

[Xringshooter]

I can save everyone the long distance toll fees.. A C&R firearm that doesn't qualify as a "antique"(pre-1898, etc), when being transferred from a C&R Licensee to a non-licensee, must follow the same rules as if it were like any other modern gun between two non-licensee's.

The gun must be transferred through a FFL in the recipient's home state.

The only exemptions for interstate transfers are those:

1. to a licensee
2. in the event of bequest or intestate transfer(aka, someone dies and the gun having been willed to someone or passed down from family estates).
3. the firearm meets the definition of an antique gun (muzzleloaders, pre-1898, guns using fixed ammo that isn't in production or ammo not readily available in normal means of commerce)

As said here ^^^

It doesn't matter if it is a C&R long arm or a handgun. It doesn't matter if it is a son to father transfer. The main thing is that the receipent is from out of state (non PA resident). For an out of stater to get a long gun in PA it has to go through a PA 01 FFL (exceptions noted above), with the background check OR have the gun shipped to the out of staters local FFL and do the transfer there. If it is a handgun, it HAS to be shipped to the out of staters local FFL to have the transfer completed (exceptions noted above).

[wa3ra]

Thanks...I learned something useful!