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Old June 21, 2009, 12:32 AM   #1
ADB
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Sale of a firearm to a Curios and Relics license holder?

Question: if someone sells a gun online to a Curios and Relics license holder, is the seller legally required to report the transaction in any way, or is verifying the C&R's validity good enough?
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Old June 21, 2009, 12:37 AM   #2
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The seller just needs a signed copy of the buyers C&R license.
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Old June 21, 2009, 12:31 PM   #3
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A C&R FFL can also be verified at the BATF eZCheck site toll free number.
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Old June 21, 2009, 09:04 PM   #4
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From what I have gathered:

A faxed copy of a Type 01 FFL is ok.

A faxed copy of a Type 03 FFL (C&R) is not ok. It has to be a copy that has been signed in pen. So, mailing it is about the only option. Other than that, just record the transaction in the bound book.
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Old June 21, 2009, 09:57 PM   #5
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That is not true. A fax or e-mail copy of a C&R FFL is perfectly acceptable. BATF did not differenciate between types of FFLs when they approved fax or e-mail copies. Their position, and that of most Federal agencies, is that if the originator intended the facsimile signture to be an original then it was.
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Old June 23, 2009, 06:13 PM   #6
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Most of the sites that I have looked at seem to require 03 to be mailed, but will accept 01 faxed. That is just my experience.
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Old June 23, 2009, 06:55 PM   #7
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I know that's true, but it makes absolutely no sense. Legally, a reproduced signature is just as valid as an original. Some sellers say it's because you can't verify a C&R FFL On the BATF eZCheck web site. Again, that make no sense, since it can easily be verified at the eZCheck toll free number. The last 2 I verified there took about 30 seconds each.
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Old June 23, 2009, 10:57 PM   #8
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I've sent electronic copies of my C&R to multiple dealers with no issues.
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Old June 24, 2009, 03:25 PM   #9
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I buy and sell C&R firearms, not as a business, as a collector, and what I have found by checking with the ATF regarding transactions originating on an auction web site or in interstate commerce is a faxed or E-mailed copy of an 01 or 03 FFL is just as good as a mailed copy. The key word that always comes up in my conversations with the ATF is the copy must be legible. Since not all Fax machines are able to send crisp clear copies that's where the rub comes in. The bottom line is, if the copy you receive is clear and legible it is just as valid as a photocopy signed in ink and mailed to you.
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Old June 24, 2009, 06:46 PM   #10
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Quote:
The seller just needs a signed copy of the buyers C&R license.
A non-licensee is not required to have any copy of a FFL, whether 01 or 03 when sending a firearm to a FFL. There are no provisions in the GCA that require a non-licensee to maintain any firearm transfer records.
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