What is the name of your state (only U.S. law)? California
I am a California licensed C&R (Curios & Relics) 03 licensee. I am not a firearm dealer. I do collect C&R pistols, and buy most of them online on auctions sites. I am federally legally authorized to buy C&R pistols anywhere in the United States (interstate commerce) for the purpose of collection.
In the past a California C&R 03 licensee buying a C&R pistol in an out-of-California State had to have the seller of a C&R pistol shipped to a FFL 01 firearms dealer in California. The California C&R 03 licensee would pay a transfer fee and pick-up the C&R pistol at the California FFL 01 premises.
This process was usually working without any problems.
On July 1st, California enacted of the new CFLC law. If the seller of a C&R pistol in a out-of-California State is a FFL 01 firearms dealer, she/he must now enroll and obtain an approval number from the California DOJ before shipping the C&R pistol to the FFL 01 in California.
Most of the out-of-California FFL 01 will not accept to enroll in the California CFLC program. They are not obligated to do so. If an out-of-California FFL 01 does not enroll in the California CFLC program, she/he can not ship a C&R pistol to California. This means that a C&R 03 like myself can not acquire a C&R pistol in an interstate transaction if the out-of-California FFL 01 does not comply with California laws, which she/he is in no case obligated to comply with.
If an out of State FFL 01 does not want to comply with Ca laws, I, as a federally C&R licensee buyer of C&R pistols, is denied the right by California to buy a C&R pistol in a federally regulated interstate transaction.
My question is: why can California deny me the right to buy a C&R pistol in another State if the out-of-State FFL 01 does not comply with California CFLC program?
Is California in violation of interstate commerce by denying me the right to buy a C&R pistol in interstate commerce if the out-of-State FFL 01 does not comply with California CFLC program? ?
Thank you.
P.S: a summary of the C&R 03 license: (more on wikipedia Federal Firearms License - Wikipedia, the free encyclopedia)
A special type of FFL is available to individual collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal Regulations, Part 478.11[1] as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons."
Licensed collectors (who have been issued a C&R FFL) may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) However, the selling FFL dealer or collector must have a copy of the buyer's C&R FFL before the C&R firearm can be shipped to the licensed collector. Licensed collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. The purpose of the C&R license is to enable a collector to acquire C&R firearms for his/her personal collection and not to become a firearms dealerWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I am a California licensed C&R (Curios & Relics) 03 licensee. I am not a firearm dealer. I do collect C&R pistols, and buy most of them online on auctions sites. I am federally legally authorized to buy C&R pistols anywhere in the United States (interstate commerce) for the purpose of collection.
In the past a California C&R 03 licensee buying a C&R pistol in an out-of-California State had to have the seller of a C&R pistol shipped to a FFL 01 firearms dealer in California. The California C&R 03 licensee would pay a transfer fee and pick-up the C&R pistol at the California FFL 01 premises.
This process was usually working without any problems.
On July 1st, California enacted of the new CFLC law. If the seller of a C&R pistol in a out-of-California State is a FFL 01 firearms dealer, she/he must now enroll and obtain an approval number from the California DOJ before shipping the C&R pistol to the FFL 01 in California.
Most of the out-of-California FFL 01 will not accept to enroll in the California CFLC program. They are not obligated to do so. If an out-of-California FFL 01 does not enroll in the California CFLC program, she/he can not ship a C&R pistol to California. This means that a C&R 03 like myself can not acquire a C&R pistol in an interstate transaction if the out-of-California FFL 01 does not comply with California laws, which she/he is in no case obligated to comply with.
If an out of State FFL 01 does not want to comply with Ca laws, I, as a federally C&R licensee buyer of C&R pistols, is denied the right by California to buy a C&R pistol in a federally regulated interstate transaction.
My question is: why can California deny me the right to buy a C&R pistol in another State if the out-of-State FFL 01 does not comply with California CFLC program?
Is California in violation of interstate commerce by denying me the right to buy a C&R pistol in interstate commerce if the out-of-State FFL 01 does not comply with California CFLC program? ?
Thank you.
P.S: a summary of the C&R 03 license: (more on wikipedia Federal Firearms License - Wikipedia, the free encyclopedia)
A special type of FFL is available to individual collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal Regulations, Part 478.11[1] as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons."
Licensed collectors (who have been issued a C&R FFL) may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) However, the selling FFL dealer or collector must have a copy of the buyer's C&R FFL before the C&R firearm can be shipped to the licensed collector. Licensed collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. The purpose of the C&R license is to enable a collector to acquire C&R firearms for his/her personal collection and not to become a firearms dealerWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?