Out of state person buying C&R Firearms (Read 5472 times)

ltong29

Out of state person buying C&R Firearms
« on: November 15, 2017, 06:10:45 PM »
I'm a resident of California that will be in Hawaii for the Christmas holiday.  I currently have a FFL03 (C&R).  If I saw any C&R firearms which I wanted to purchase, would I be able to purchase said firearm with just my FFL03 or would I need to go through the steps normally (i.e. permit to acquire, handgun safety course in the case of C&R handguns, register it with HPD, etc etc) even though I would return to California with said C&R firearms?  Thanks for any advice!

London808

Re: Out of state person buying C&R Firearms
« Reply #1 on: November 15, 2017, 06:56:38 PM »
I'm a resident of California that will be in Hawaii for the Christmas holiday.  I currently have a FFL03 (C&R).  If I saw any C&R firearms which I wanted to purchase, would I be able to purchase said firearm with just my FFL03 or would I need to go through the steps normally (i.e. permit to acquire, handgun safety course in the case of C&R handguns, register it with HPD, etc etc) even though I would return to California with said C&R firearms?  Thanks for any advice!

You would need to go through the permit process
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Lihikai

Re: Out of state person buying C&R Firearms
« Reply #2 on: November 15, 2017, 07:06:52 PM »
When you get into town, check out Security Equipment Corp on Young Street.  They usually have C&R type firearms on consignment.

Flapp_Jackson

Re: Out of state person buying C&R Firearms
« Reply #3 on: November 15, 2017, 07:13:46 PM »
You would need to go through the permit process

I believe that's incorrect, unless things have changed.

A C&R FFL, if current, allows you to purchase and receive firearms directly from the seller as long as the firearm qualifies as C&R.

Unless you register the firearm in Hawaii, you don't need anything but the C&R certificate.  Just make sure you have documentation to support the firearm is C&R eligible.  Plan on leaving a signed copy of your license certificate with the seller.

Firearms are required to be registered within 5 days of acquisition, so as long as you leave for home within 5 days of taking possession, you should be legal.  If you plan on being in the islands longer than 5 days after transferring the firearm, then you will have to go through the registration process as a visitor.

You might also consider shipping it to your home in CA.  Then you won't have to worry about an unexpected delay or scheduling problems with the seller busting the 5-day rule.

Buying and registering a C&R pistol sent straight to my home was simple.  Just call HPD if you have any questions, and don't  ask general questions.  Be very specific about your circustances.

Aloha!   :shaka:
« Last Edit: November 15, 2017, 07:28:56 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

suka

Re: Out of state person buying C&R Firearms
« Reply #4 on: November 15, 2017, 08:51:24 PM »
You may purchase any C&R item within Hawaii directly without HPD blessings.


478.299 (a)(b)

(a)  ShallnotprecludeanypersonwholawfullyacquiresafirearmbybequestorintestatesuccessioninaState other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such       person to purchase or possess such firearm in that State,

(b)  Shallnotapplytothetransportationorreceiptofarifleorshotgunobtainedfromalicensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee’s State of residence in an over-the-counter transaction at the licensee’s premises obtained in conformity with the provisions of § 478.96(c), and

Flapp_Jackson

Re: Out of state person buying C&R Firearms
« Reply #5 on: November 15, 2017, 09:31:58 PM »
Of course, as a CA resident and FFL holder, it's your responsibility to know the laws in your state/jurisdiction.  I found this page with a lot of info for CA 03 FFL holders.  Here's a small excerpt:

Quote
A federally defined C&R pistol OR C&R RIFLE, regardless of age, can be imported into CA
if it is legally purchased out of state by a CA resident with a Class 03 C&R FFL and
if physical possession of the piece is taken by the Californian Class 03 C&R FFL outside of CA. 

It can be imported by the CA Class 03 C&R FFL purchaser only.  Importation of any C&R weapon
must be reported within 5 days to the DOJ on their special form BCIA 4100A with a $19 payment
per importation (regardless of  how many firearms are being imported at the same time).
Buying a C&R Makarov or M1 Garand with your Class 03 C&R FFL in Las Vegas or Arizona (or
anywhere else) and bringing it back to California is OK if you register it within 5 days of entering
California.

I'm not a lawyer, and I've never used an 03 FFL in California, so it's up to you to ask for legal advice from a professional.

https://www.empirearms.com/cal-ffl.htm
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

ltong29

Re: Out of state person buying C&R Firearms
« Reply #6 on: November 16, 2017, 05:44:57 AM »
I believe that's incorrect, unless things have changed.

A C&R FFL, if current, allows you to purchase and receive firearms directly from the seller as long as the firearm qualifies as C&R.

Unless you register the firearm in Hawaii, you don't need anything but the C&R certificate.  Just make sure you have documentation to support the firearm is C&R eligible.  Plan on leaving a signed copy of your license certificate with the seller.

Firearms are required to be registered within 5 days of acquisition, so as long as you leave for home within 5 days of taking possession, you should be legal.  If you plan on being in the islands longer than 5 days after transferring the firearm, then you will have to go through the registration process as a visitor.

You might also consider shipping it to your home in CA.  Then you won't have to worry about an unexpected delay or scheduling problems with the seller busting the 5-day rule.

Buying and registering a C&R pistol sent straight to my home was simple.  Just call HPD if you have any questions, and don't  ask general questions.  Be very specific about your circustances.

Aloha!   :shaka:

That's good to hear.  Thanks for the info.  I'll just ship them within the 5 days or purchase them towards the end of my trip.

When you get into town, check out Security Equipment Corp on Young Street.  They usually have C&R type firearms on consignment.

I will definitely check them out

Flapp_Jackson

Re: Out of state person buying C&R Firearms
« Reply #7 on: November 16, 2017, 11:34:47 AM »
One thing to add.  Since you're not a Hawaii resident, the sale would be considered an intrastate transaction, which in regular circumstances requires the retailer to ship it to an FFL in your home state. 

The C&R FFL is designed to allow intrastate sales of collectable firearms without needing to go through a Class 01 FFL.  If any gun dealer in Hawaii says they can't give you the C&R eligible firearm even with your C&R FFL, they are breaking the law by interfering in legal commerce.

All that can be found in the C&R documentation from the ATF.

Quote
The principal advantage of a Collector's License, therefore, is that a collector can acquire Curios or Relics in interstate commerce.
Although a licensed collector may acquire and dispose of Curios or Relics at any location, dispositions to nonlicensees must generally
be made to residents of the same State in which the collector is licensed. Further, A LICENSED COLLECTOR IS NOT AUTHORIZED
TO ENGAGE IN BUSINESS AS A DEALER IN ANY FIREARMS, INCLUDING CURIOS OR RELICS. A FEDERAL FIREARMS DEALER'S
LICENSE IS REQUIRED FOR THIS ACTIVITY. The term “engaged in business” as applied to a dealer in firearms refers, in part, to a
person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective
of livelihood and profit. Therefore, any person intending to “engage in the business” of selling firearms, including firearms defined by ATF as
Curios or Relics, must first obtain a dealer’s license. For example, if a collector acquires Curios or Relics for the purpose of sale rather than
to enhance a collection, the collector would have to be licensed as a dealer in firearms under the GCA. The sole intent and purpose of the
collector’s license is to enable a firearms collector to obtain curio or relic firearms from outside his or her State of residence.



https://www.atf.gov/resource-center/docs/p-5300-11-firearms-curios-or-relics-listpdf-0/download
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw