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C&R gun laws

PATBUZZARD
OK, I am abotu to make my first C&R pistol purchase. I live in a state where for a normal pistol purchase one must file for a purchase permit and then 15 days or sooner after purchasing the pistol register it with the state. Does anyone know how to go about this C&R transaction. I would think that since I am a C&R holder all I would have to do is to record the pistol in my bound book, and then register it at the Sheriff's office. I have looked through my plethora of paperwork that the BATF sent me and I cannot find a conclusive answer. If anyone knows, please educate me.

Thank YOU!

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Comments

5 comments

Date Votes
  • nmyers
    Page 1 of ATF P5300.11 states that GCA 68 requires all purchases to be in compliance with state/local laws. In other words, if your state has regulations more strict than Federal regulations, your state regulations take precedence.

    Unless your state has a specific exemption for C&R holders (most or all of them don't), your C&R is not valid for acquiring C&R handguns. You must have it shipped to an FFL in your state, & complete the usual paperwork & waiting period.

    Some sellers are not aware of this, & they may ship directly to you without first checking the law in your state. This would, of course, be illegal.

    Neal
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  • Mooseyard
    Meyers, I was under the impression that the GCA regulated sales to NON-licensees. It should not restrict sales to FFL holders. If that were the case and I lived in Buzzards state then I would have to get a permit for every gun that I got into the shop to sell. Am I correct?
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  • nmyers
    GCA regulates many areas concerning the manufacture, sale, possession, & transfer of firearms, ammunition, & destructive devices. Patbuzzard has a C&R, which is a TYPE of Federal Firearms License, but which has only a small percentage of the privileges allowed to licensed dealers. If his state has decided that a C&R holder cannot acquire a handgun except through a licensed dealer, well, that is their right.

    Federal law permits a licensed dealer to acquire a firearm from any other dealer, or from a nonlicensee in any state. However, some states DO impose restrictions on their dealers that may prohibit them from receiving firearms from nonlicensees, manufacturers, or dealers outside their state. This is the case with CA, MA, MD, NY & probably a few other states.

    It may not be fair, it may not even be effective crime control, but, if it's the law, you've got to obey.

    Neal
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  • heavyiron
    Patbuzzard,

    If I understand you correctly, my opinion is this.

    You can purchase a C&R pistol with your C&R license in the state where you live.

    However, the laws of your State require C&R license holders to register a pistol within 15 days after purchase. Therefore, you must register the pistol with your state.

    I don't believe possessing a C&R license exempts you from state law requiring registering the pistol. You must still abide by state law as well as the federal law.

    I am sorry it appears you are one of those unfortunates who lives in a State with laws that supplement those of the federal government.
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  • Mooseyard
    In most parts of the ATF handbook they refer to 'Licensees' they do not differentiate between type 01 and 03. Licensees are not required to fill out 4473's. When the ATF issues a 03 license they do not send a red book (state and local firearm laws of each state). If 03's were still bound by GCA they would send the red book so C&R's could tell who and where they can sell guns to. I'll have to contact the ATF tomorrow, because if what nmyers says is true, I will never deal with a C&R again. I know in Wisconsin we have a 48 hour waiting period on handguns, except for C&R's to a C&R licensee.
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