selling guns

danzig · 02-25-2010, 05:35 PM

I am selling a few guns I have collected up over the years and have a question. I keep getting that shipping a hand gun to a ffl dealer even though I can do a FTF sale in my state with nothing more than a hand shake is illegal. I tought I was doing it correct demanding to send to ffl dealer so it could be transfered. Am I missing something? I sent a copy of my C&R for the dealers records and got an ear full on it being not legal to use a C&R for a modern gun, but I am not buying but selling and do not need to have a lisc. to sell a gun unless I am doing is as a business.

Edward Tinker · 02-25-2010, 05:41 PM

The person RECEIVING the gun has to have a license in almost every state.

You can ship, even if you do NOT have a license at all, and NOT send through an FFL in your state as long as I have sent you my license (FFL 03 for anything over 50 yrs old; FFL 01 for anything {except prohibited items})

It is "transfered" if it goes onto my records, whether that is a 01 or 03 license and the gun fits the appropriate category. Some states want to see it coming from a "dealer", Texas is one that I always get hassels from when I go to send it... i.e. they want a copy of my drivers lincense to "prove" who I am, and yes, I know that it says this in the regulations that this is at the dealers discretion....

Ed

Hugh · 02-26-2010, 01:26 AM

I have sold two C&R guns to individuals in New York state and they could not find a dealer that would accept a gun unless it was shipped from an FFL licensee, my C&R license was not good enough!

Mexifornia is a whole different story, I don't ship guns there!

Mauser George · 02-26-2010, 06:41 AM

Hugh:

A C&R in New York is only acceptable for long guns, no handguns! State overrules federal in this case.

Many folks get a C&R thinking they can purchase C&R handguns to later find out they can't.

What type licenses is required to deal in handgun in New York in outline in the NYS Penal Law.

However, a resident with a C&R can purchase a C&R handgun in any other state I believe so go figure. The many joys & wonders of New York State!

Regards,

George

Jack Lawman · 02-26-2010, 08:38 AM

George,
You are correct about the C&R not being valid in NY for handgun purchases.

What Hugh is referring to is an unwillingness of licensed handgun dealers in NY to accept a shipment from a C&R holder in another state. As long as a C&R holder from another state follows the shipping rules (overnight common carrier, etc.), it is perfectly legal for an 01 handgun dealer in NY to accept shipment from an out of state C&R holder.

Many handgun dealers in NY will only accept shipment from other 01 FFL's because:
a) They can verify their FFL status with the ATF's online EZCheck.
b) It boosts the perceived value of an 01 FFL.

Some just don't get it... and you can't argue with them, they know everything (except how to be friendly when you walk into their shop... I never understand that).

Jack

02-25-2010, 05:35 PM	#1
danzig Banned Join Date: Feb 2007 Location: kansas Posts: 111 Thanks: 0 Thanked 1 Time in 1 Post	selling guns I am selling a few guns I have collected up over the years and have a question. I keep getting that shipping a hand gun to a ffl dealer even though I can do a FTF sale in my state with nothing more than a hand shake is illegal. I tought I was doing it correct demanding to send to ffl dealer so it could be transfered. Am I missing something? I sent a copy of my C&R for the dealers records and got an ear full on it being not legal to use a C&R for a modern gun, but I am not buying but selling and do not need to have a lisc. to sell a gun unless I am doing is as a business.

02-25-2010, 05:41 PM	#2
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,960 Thanks: 2,062 Thanked 4,591 Times in 2,114 Posts	The person RECEIVING the gun has to have a license in almost every state. You can ship, even if you do NOT have a license at all, and NOT send through an FFL in your state as long as I have sent you my license (FFL 03 for anything over 50 yrs old; FFL 01 for anything {except prohibited items}) It is "transfered" if it goes onto my records, whether that is a 01 or 03 license and the gun fits the appropriate category. Some states want to see it coming from a "dealer", Texas is one that I always get hassels from when I go to send it... i.e. they want a copy of my drivers lincense to "prove" who I am, and yes, I know that it says this in the regulations that this is at the dealers discretion.... Ed __________________ Edward Tinker ************ Co-Author of Police Lugers - Co-Author of Simson Lugers Author of Veteran Bring Backs Vol I, Vol II, Vol III and Vol IV

02-26-2010, 01:26 AM	#3
Hugh RIP Join Date: Jun 2002 Location: Southeast Texas Swamp Posts: 2,460 Thanks: 2 Thanked 166 Times in 65 Posts	I have sold two C&R guns to individuals in New York state and they could not find a dealer that would accept a gun unless it was shipped from an FFL licensee, my C&R license was not good enough! Mexifornia is a whole different story, I don't ship guns there! __________________ *TRUMP FOR PREZ IN '20!*

02-26-2010, 08:38 AM	#5
Jack Lawman User Join Date: Apr 2003 Location: Near NYC Posts: 428 Thanks: 30 Thanked 64 Times in 37 Posts	George, You are correct about the C&R not being valid in NY for handgun purchases. What Hugh is referring to is an unwillingness of licensed handgun dealers in NY to accept a shipment from a C&R holder in another state. As long as a C&R holder from another state follows the shipping rules (overnight common carrier, etc.), it is perfectly legal for an 01 handgun dealer in NY to accept shipment from an out of state C&R holder. Many handgun dealers in NY will only accept shipment from other 01 FFL's because: a) They can verify their FFL status with the ATF's online EZCheck. b) It boosts the perceived value of an 01 FFL. Some just don't get it... and you can't argue with them, they know everything (except how to be friendly when you walk into their shop... I never understand that). Jack __________________ Why do you guys hate black circles so much?

02-26-2010, 06:41 AM	#4
Mauser George User Join Date: Sep 2008 Location: New York Posts: 88 Thanks: 0 Thanked 2 Times in 2 Posts	Hugh: A C&R in New York is only acceptable for long guns, no handguns! State overrules federal in this case. Many folks get a C&R thinking they can purchase C&R handguns to later find out they can't. What type licenses is required to deal in handgun in New York in outline in the NYS Penal Law. However, a resident with a C&R can purchase a C&R handgun in any other state I believe so go figure. The many joys & wonders of New York State! Regards, George