Can a private seller ship a Curio and Relic firearm directly to an out-of-state C&R FFL holder?

One of my clients called with this question today.  He was selling a firearm that happens to be listed on Section II of the latest Curios and Relics List and the buyer was a C&R FFL holder from another state.

For those unfamiliar with the Curios and Relics List, Section II contains those firearms that are deemed to be a Curio and Relic (C&R), but which are still subject to the provisions of the Gun Control Act (GCA).

Never having dealt with an out-of-state C&R holder before, my client was concerned about the ‘still subject to the Gun Control Act‘ verbiage and how that might intersect with interstate shipment.

As it turns out, from a federal law perspective, there is a fairly simple answer to this question for most classes of C&R firearms (those on the C&R list but still subject to the National Firearms Act require additional details and are not covered here).

In short, a C&R FFL allows a holder to receive intrastate and interstate shipments of C&R firearms directly from a seller (licensed or individual) without violating federal law.

However, as is always the case where legal issues are concerned, that isn’t the end of the analysis.  There may be additional requirements imposed by state law in the C&R holders state.

Therefore, while there is no bar under federal law, anyone shipping to a C&R holder in another state would be advised to get appropriate legal advice regarding the laws in the C&R holder’s state prior to shipping the firearm.

This entry was posted in C&R, Criminal Law, Curio and Relic, Federal Law, FFL 03, FFL Issues, Interstate Firearm Transfers, Private Sales. Bookmark the permalink.