C&R Licensees & NON-C&R Handgun or Ammo Sales

[carguychris]

Howdy all,

Although this question pertains to C&R licensees, it's about interpreting federal law, so I figure it belongs in L&CR. Here goes.

I am a C&R licensee and I intend to sell a NON-C&R handgun, preferably in a face-to-face sale, which is legal in my home state (TX).

QUESTION #1:

TX law allows private sales of handguns to people between the ages of 18 and 21. However, 18 USC § 922(b) reads...

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age...

<emphasis mine>

Cliff's Notes version: A licensee shall not sell or deliver any handgun, or ammo for a handgun, to someone under age 21.

Since the law says nothing about whether the handgun is C&R, I presume this applies to ALL handgun transfers, not just C&R transfers. Correct?

QUESTION #2: Am I required to provide a Youth Handgun Safety Act notice?

Thanks!

 

[EOD Guy]

Your C&R FFL has no privileges or applicability to any non C&R firearms or transactions. You are to act as a nonlicensee in other than C&R acquisitions or dispositions. See 27CFR 478.93

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.93 Authorized operations by a licensed collector.

The license issued to a collector of curios or relics under the
provisions of this part shall cover only transactions by the licensed
collector in curios and relics. The collector's license is of no force
or effect and a licensed collector is of the same status under the Act
and this part as a nonlicensee with respect to (a) any acquisition or
disposition of firearms other than curios or relics, or any
transportation, shipment, or receipt of firearms other than curios or
relics in interstate or foreign commerce, and (b) any transaction with a
nonlicensee involving any firearm other than a curio or relic. (See also
Sec. 478.50.)

 

[Don P]

Most importantly to remember. Your C&R is NOT a license to do business. Is the handgun in question C&R eligible? If so is it in your bound book? How long have you owned it? Do yourself a favor and sell it privately and remember the length of time issue on you being the owner and then selling it thus moving it in the bound book disposition.