October 13, 2008, 08:17 PM | #1 |
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C&R and handguns...
I hate to call any question a quick question but...
I'm aboot to send off my C&R application, and I live in NC. NC is one of those states where you have to get permission before you purchase a handgun. So...if I want to order a CZ-82 or a Nagant revolver online, how does that work? Do I need to get a pistol purchase permit? If so, how does this change if I have a CCW permit (also soon I hope)?
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October 14, 2008, 08:05 AM | #2 |
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AFAIK, the 03 FFL just satisfies the fed's requirements. Any state or local laws must still be met.
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October 15, 2008, 01:02 AM | #3 |
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Well, that's a bummer.
I wonder how it'd work then... Any ideas? Would I get permit, order pistol and...? What about with CCW?
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October 15, 2008, 11:36 AM | #4 |
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Ask the state attorney general, in writing (not call or e-mail) to get a valid answer. It may well be that you can't import a handgun into NC with your 03 FFL, which means you would have to order it through a dealer at additional cost. That is the situation in several states.
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October 15, 2008, 01:40 PM | #5 |
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I'll ask around a bit more and perhaps do that as well.
Thanks.
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October 15, 2008, 04:32 PM | #6 |
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I have been wondering about the CCW and C&R handguns myself. With the CCW I don't have to get the permit to purchase a handgun before buying it, I just have to take it in and have it registered.
The only question I have is, there is a slip the seller fills out about the gun and then signs it. So if I order online there is not a seller to sign it.
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October 15, 2008, 08:34 PM | #7 |
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There have been a lot of such questions, and it all depends on the state or even local law. Some folks have even posted to the effect that the 03 FFL supercedes state or local law, which it does not. One thing is clear - many states don't know quite how to handle the 03 FFL. Some state laws recognize it, others don't mention it, still others specifically dictate how it may be used. But state/local law has to be considered if one wants to avoid trouble.
MD is an example of confusion. If I understand correctly, the state has now ruled that an 03 FFL can "import" a curio or relic handgun legally, but cannot sell or transfer it within the state unless he registers it. This is a change from the earlier position that the gun had to be taken or sent back out of state and "legally" imported by a state licensed dealer before it could be transferred. Jim |
October 15, 2008, 08:57 PM | #8 |
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Part of the 03 FFL application process is to send the application copy to your CLEO, perhaps to address such local requirements
In Florida the CLEO copy more than likely goes in the shredder. 03 FFLs here are also not subject to the infamous three-day wait, which is one of many reasons why I got the 03 Frankly, if you must involve an 01 FFL even with your 03, I fail to see the point of getting an 03 at all. mbs357, please update your thread with your findings, I’d and others would be interested to know how it works in NC. |
October 17, 2008, 08:02 PM | #9 |
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The CLEO signature is basically a COA (cover our a$$es) by BATFE, just in case they don't know about some recent change in the local or state law. State law changes are usually well known in the LEO community, but an ordinance approved by the city council last night will not be.
While some CLEOs treat the signature as "giving permission", it really only says there is no legal reason not to issue the license or tax stamp. I don't know of any CLEO who will furnish a copy of the law or give any advice to an applicant, they will just approve or disapprove. Jim |
October 18, 2008, 07:50 AM | #10 | |
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October 18, 2008, 08:02 AM | #11 | |
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I found this on another forum, this is not coming from me. Caution, this is not official pronouncement, I would recommend that you ask your local sheriff as he is the permit issuing authority. (BTW, It also appears that those with NC carry licenses are exempted from the permit to purchase).
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October 18, 2008, 10:46 AM | #12 | |
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October 25, 2008, 04:52 PM | #13 | ||
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October 26, 2008, 04:44 PM | #14 |
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I am filling out my form now and getting ready to send it in. I am in TN and have a similar situation. TN law says you have to get a background check for each firearm you purchase. So I will have to try and get an answer to see if I still have to do that to get a C&R firearm. It seems like you should not have to, but one never knows.
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November 13, 2008, 07:30 PM | #15 |
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I'm wondering if the C&R would qualify AS your background check.
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November 13, 2008, 08:01 PM | #16 |
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I am thinking that. Even though you do not have a license to buy and sell, you do have a license to buy as a dealer in C&R. If and when mine gets here that is the way I am going to try it.
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November 13, 2008, 11:25 PM | #17 | ||
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November 14, 2008, 12:49 AM | #18 |
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Possible answer for background checks w/C&R
Are licensed collectors' transfers of curio or relic firearms subject to the Brady law, including the provision for making background checks on transferees? [Top]
No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms. [18 U.S.C 922 (d) , 27 CFR 478.32 (d) ] Must licensed collectors comply with the Brady law prior to transferring a curio or relic firearm? [Top] No. Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law. Is the transfer of a firearm by a licensed dealer to a licensed collector subject to the Brady law? [Top] The Brady law does not apply to the transfer of a curio or relic firearm to a licensed collector. However, a licensed collector who acquires a firearm other than a curio or relic from a licensee would be treated like a non-licensee, and the transfer would be subject to Brady requirements. I copied this and it seems to make sense. In other words Tn has a background check because of the Brady bill. Bob T |
November 18, 2008, 05:56 PM | #19 |
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I only have 2 C&R pistols, a CZ52, and an M1895 Nagant. I've been spending all my C&R money on rifles.
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November 18, 2008, 07:39 PM | #20 |
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I called today and was told my application is being processed and to call back in about 3 weeks!!!
Bob T |
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