I have a C&R, which I use to build my personal collection. I understand I am not allowed to use it as a traditional FFL (to buy and sell for profit). The laws are pretty specific about NOT using the C&R to engage in business for the profit and livelihood.
A friend wants to buy an old C&R rifle. He wants me to use my C&R to receive it from the out of state dealer and then transfer it to him. He suggests that since I am not profiting from the deal, it does not violate the law. I am concerned that while I am not profiting from the deal, the transfer clearly does indicate I am using the C&R to build my collection.
Anybody have any advice or opinion on this? (Non-lawyerly advice is appreciated).
I am an 01-FFL. You as a C&R and your non licensed friend are both subject to the Federal GCA and any applicable State or local laws. Curios and Relics are still firearms. Curio and Relic firearms may be transfered in interstate commerce only to licensed collectors or other licensee.
A licensee may sell a firearm from his or her personal collection, subject
only to the restrictions on firearm sales by unlicensed persons, provided
the firearm was entered in the licensee’s bound book and then transferred
to the licensee’s private collection
at least 1 year prior to the sale.When
the personal firearm is sold, the sale must be recorded in a "bound
book" for dispositions of personal firearms, but no ATF Form 4473 is
required
[27 CFR 478.125a]
The above regulation applies to all licensees including Dealers and C&R license holders.
B. UNLICENSED PERSONS
(B1) To whom may an unlicensed
person transfer firearms under the
GCA?
A person may sell a firearm to an unlicensed resident of his State, if he
does not know or have reasonable cause to believe the person is prohibited
from receiving or possessing firearms under Federal law. A person
may loan or rent a firearm to a resident of any State for temporary use
for lawful sporting purposes, if he does not know or have reasonable
cause to believe the person is prohibited from receiving or possessing
firearms under Federal law. A person may sell or transfer a firearm to a
licensee in any State. However, a firearm other than a curio or relic may
not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
(B2) From whom may an unlicensed
person acquire a firearm
under the GCA?
A person may only acquire a firearm within the person’s own State,
except that he or she may purchase or otherwise acquire a rifle or shotgun,
in person, at a licensee's premises in any State, provided the sale
complies with State laws applicable in the State of sale and the State
where the purchaser resides. A person may borrow or rent a firearm in any State
for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
(B3) May an unlicensed person
obtain a firearm from an out-of-
State source if the person arranges
to obtain the firearm through a
licensed dealer in the purchaser’s
own State?
A person not licensed under the GCA and not prohibited from acquiring
firearms may purchase a firearm from an out-of-State source and obtain
the firearm if an arrangement is made with a licensed dealer in the
purchaser's State of residence for the purchaser to obtain the firearm from
the dealer.
[18 U.S.C 922(a)(3) and 922(b)(3)]