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-   -   Use of C and R License at Gun Show (https://forum.lugerforum.com/showthread.php?t=18101)

RGARRETT 10-15-2007 10:44 PM

Use of C and R License at Gun Show
 
I have a C and R license and I am a resident of Texas. If I take a C and R gun to a gun show in another state, can I put the gun on a table for sale if I tag it as can only be sold to anther C and R holder or a holder of a regular gun dealer license?

lugerholsterrepair 10-15-2007 10:55 PM

Richard, You are setting up a complicated scenario. To sell a gun you do not need a C&R . You need one to BUY a gun. A C&R is not a liscence to sell guns, only to buy them. It is meant to build a collection. There is little mention in the regs about selling guns. You cannot be a dealer. Buying a gun and turning around and selling it for a profit is going to be frowned apon. This would make you a dealer.
You do not need to be in the state of your residence to sell a gun. A C&R holder can buy a C&R gun whatever state you are in as long as the states involved recognize the C&R. New Jersey does not I think. Probably some other states and cities. You have to ship to an FFL holder as NJ will not allow a resident to hold a C&R.
Jerry Burney

Edward Tinker 10-16-2007 12:02 AM

You are completely legal to sell any C&R, provided it is for upgrading your collection. there is a fine line there, are you constantly buying and selling?

Sellling here and there is okay, be aware of state laws.

Ed

RGARRETT 10-16-2007 02:41 PM

No, I am not constantly selling. But need to sell once in a while just to upgrade. My understanding that is that anyone without a c and r license can not sell a pistol or rifle in an out of state gun show. I have used my C and R to buy at the Tulsa gun show (I live in Texas). Since I am allowed to sell and ship to someone out of state with a C and R, It would seem to me I could also do it in person since we both have a C and R. So I am still confused.

lew1 10-16-2007 03:18 PM

If you both have C&R licenses, I would think that a transfer is permitted. I would have no hesitation is receiving a C&R pistol when I was out of state. whether it be from a non-licensed individual or a C&R license holder.
.

lugerholsterrepair 10-16-2007 05:09 PM

Richard, If you are still confused, dig out all the paperwork that came with your C&R and read thru it. Sounds like it would do you good. Actually we should all do it every once in awhile.
Jerry Burney

RGARRETT 10-16-2007 06:05 PM

I talked with BATF in San Antonio and was told no probem to sell at an out of state gun show as long as the other person has a license and it is a C and R gun. To sell to a resident of the same state without license, must me done in home state, not at the outof state gun show. BATF said with a C and R license I can sell a C and R rifle or shotgun to someone in another state who has no license and ship to them, but not a pistol. This seems odd to me but seems to be true.

lugerholsterrepair 10-16-2007 06:10 PM

Do not necessarily believe what is told to you by an Agent. Some of them do not know their own regulations. Find it in writing on the BATF site if you want to really be sure. Jerry Burney

lew1 10-16-2007 08:02 PM

Jerry is right. The agents try to give good information, but like all, are human and subject to mistakes.

Read the law and the regs, and if any quesions, send them in writing to your local ATF office.

RGARRETT 10-16-2007 08:25 PM

I believe that paragraph 478.99 states that I cannot sell to someone with out a license in another state, then states this "shall not apply to the sale or delivery of a rifle or shotgun(curiio or relic). However provisions of par 478.96 must be met. I think that paragraph say that a fomr 4473 must be complete by the chief law enforcement officer. I am open to any comments that might clear this up. But in the long run, I think I will sell only to C and R license holder to keep it simple

Lugerdoc 10-17-2007 10:22 AM

It is my understanding that if you sell a C&R pistol at an out of state show, a C&R holder can take it with them, but you must ship it from your "licensed premesis" to an FFL holder or thru an FFL holder for sale to a non-licensed individual of another state. TH

RGARRETT 10-17-2007 12:03 PM

Yes, that is my understanding also. But for example you sell a C and R rifle on GunBroker to someone out of state, I think you have to get the from signed by the chief law enforcement officer, or otherwise how would you know the buy is of age and not a criminal.

lew1 10-17-2007 12:30 PM

Have to require that it be shipped to a C&R license or an 01 license.

Sales of long guns can be made to residents of other states only if delivery is in your (sellers) state. If it is sold to a non-resident and delivered ou of state, it has to go to a license.

SS109 11-07-2007 05:58 PM

I buy curio guns at gun shows w/o doing the background check. I do make sure it is a dealer to dealer sale.


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