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Im not a lawyer but the language talks about those required to have a federal firearms license. Your C&R is a federal firearms license so you may still have a chance.
The language in this section is what they are using
"Dealer" means a person engaged in the business of selling
firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who
does not have, and is not required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or
part of his or her personal collection of firearms."
If I was in your shoes I'd contact a lawyer who specialized in firearm laws, and get clarification for the C&R FFL.
If anything, its a good point for entering in a lawsuit or challenge to the law.
Yes, a lawyer is probably a good idea. The problem is that the exemption is not for "people with an FFL" but for "dealers." So if you aren't "engaged in the business of selling firearms at wholesale or retail" then the exemption may not apply. Actually, because much of the C&R language refers to "collectors" one could argue that a "collector" cannot be a "dealer."
If I was there my C&R FFL would be what I started my lawsuit with. If the feds say I can collect these C&R guns and have them shipped to the house and is an official FFL, then the state makes a law forgetting about me and makes it illegal, then Im sure that's enough for a lawyer to get started.
Well, it was nice being able to have old mil-surps and such mailed to me - no FFL fees or B/G checks. Now good 'ol Washingtonians have rendered my Federally issued collectors license useless
I am hoping that some legal actions will kick in and contest this. Any word?
Unfortunately, the C&R license is under 18 U.S.C. Sec 923 (b), not (a), so it does not qualify you as a dealer under 594.Im not a lawyer but the language talks about those required to have a federal firearms license. Your C&R is a federal firearms license so you may still have a chance.
The language in this section is what they are using
"Dealer" means a person engaged in the business of selling
firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who
does not have, and is not required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or
part of his or her personal collection of firearms."
If I was in your shoes I'd contact a lawyer who specialized in firearm laws, and get clarification for the C&R FFL.
If anything, its a good point for entering in a lawsuit or challenge to the law.
If I was there my C&R FFL would be what I started my lawsuit with. If the feds say I can collect these C&R guns and have them shipped to the house and is an official FFL, then the state makes a law forgetting about me and makes it illegal, then Im sure that's enough for a lawyer to get started.
I believe that 18 U.S.C. Sec 923 (the feds) also says that you have to also follow state laws.
This whole thing s*cks big-time.
this is all I can find with respect to state laws on the C&R FFL
"Yes. It is unlawful for any licensed collector to sell or deliver any firearm or ammunition to any person if the person's purchase or possession would be in violation of any State law or local published ordinance applicable at the place of sale or delivery."
Doesnt really say anything about collecting
Are there any other states where the C&R FFL is useless? this has to have happened before.
Well, Oregon (sort of). Oregon law requires background checks for C&R at gun shows.
I did not know that. Do you have more information on that? I'd assume a dealer at a gun show just needed a copy of your FFL.
(not that I'd buy C&R guns at gun shows, they are all way too expensive)