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I don’t always word things right but, the original question was, can a private citizen send a C&R qualified gun to a C&R license holder, and the answer is yes. If the 5 guns are purchased in a gun shop from the previous post, then yes, the background checks are done.
Interesting discussion, particularly in light of the fact that there is so much uncertainty about how to interpret Federal legislation even amongst as experienced a group of collectors as gathered here…
State laws make things even more confusing… For example, in SC, concealed weapons permit (CWP) holders are not required to undergo the NICS check when they purchase a modern or C&R firearm from an FFL dealer (not the case is most states). Rationale being that one must undergo a full Federal background check to qualify for the CWP, and any infraction that would change your CWP eligibility status would lead to confiscation of the permit (presumably at the time of arrest/indictment). Hence, all the FFL dealer is required to do is make a copy of the DL and CWP of the purchaser at the time the ATF Form 4473 is completed. No phone call…
Since, among other things, I am a part-time VA (Federal) employee, I have to undergo the same full background check (including fingerprinting) every 2 years to renew my clinical privileges. So for me, being employable and being eligible to hold a CWP are subject to the same scrutiny… If I can’t pass the NICS check I wouldn’t have a job, so would’t have money to collect C&R Winchesters anyway. 
In fact, the exemption from NICS checks is about the only reason I keep a CWP. Just carrying into my place of employment (school/hospital/State&Federal buildings) would constitute a triple felony. Even having a firearm in the glove box of my car (with or without CWP) is a felony, as the parking garage is legally considered part of the school (university) property and it is a felony to bring a firearm onto “school grounds”.
I have a very cordial relationship with my local gun shop, they give me a very good price on FFL transfers, and will handle transactions from individuals (private citizens or C&R holders) who CAN legally ship to an out of state FFL for resale. So I route all purchases of C&R firearms through the FFL and do not bother to have a C&R license myself. Like the folks here I’m not sure I’d be following the instructions correctly!!!
I wonder if all the gang members, armed robbers, etc. out there who acquire firearms to facilitate their commission of crime pay this much attention to the interpretation of Federal regulations?
Cheers…
WACA 9519; Studying Pre-64 Model 70 Winchesters
Of course they do, and would, if you listen to the liberal gun registration talking points regurgitation.
"This is the West, sir. When the legend becomes fact, print the legend."
You probably are skeptical taking advice from a “seldom if ever poster” like myself. (Howdy all, I just renewed my membership and snooping around the forum) I am a C&R holder. In cases like Wolfbait asked, I simply phone the closest BATF office, and ask the question. They have always been helpful, and kept me out of trouble. I never worried about being put on a “special list” just because I called. Or go to the BATF website, which I did, and here is what I found, under the question and answer section, last page, 10, under the question topic of:
“To whom may an unlicensed person transfer firearms under the GCA? “
Answer: “A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.” end quote
Now, I would say, the way the last sentence is worded, why state it in that way, unless to affirm the opposite statement as also true: my inference and my words: A firearm which IS a curio or relic MAY BE transferred interstate to a licensed collector”
As an alternative plan, to be sure, phone BATF, read them this Q&A, and ask them specifically.
Now as to whether it can be sent USPS, as I understand it, yes, but if in doubt, why not go UPS or FedEx? Another topic.
USPS is so incompetent that I wouldn’t mail ANYTHING of value, let alone a firearm. But that’s a whole other discussion.
WACA Member. CFM Member. NRA Lifer.
supergimp said
USPS is so incompetent that I wouldn’t mail ANYTHING of value, let alone a firearm. But that’s a whole other discussion.
That has not been my experience, and for what it is worth, the USPS is the only entity that will allow you to insure for full value. Both UPS and FEDEX have hidden clauses in there rules for shipment of firearms. They will sell you insurance for whatever amount you want, but will only pay out $500 if it is a lost or damaged firearm. The USPS will pay the full amount that you insure for, no hidden clauses.
Bert
WACA Historian & Board of Director Member #6571L
I’m sure it has to do with your local office. I get the wrong person’s mail at least once a week. My neighbors and I meet in the street to do the exchange. Personally, I subscribe with UPS. They deliver to a known secure place, know me and will make sure all my packages are safe (even non-UPS packages left in my DRIVEWAY by USPS). And the local office is so incompetent that my neighbors have photographed “fishers” fishing mail out of the box in front of the post office.
If I depended on USPS for my C&R deliveries I’d be signing more insurance claims than delivery receipts.
Again, probably depends on your local office though.
WACA Member. CFM Member. NRA Lifer.
In my experience, USPS had a deserved poor reputation in the past but they have made great strides in the past 5 years or so, to the point where they are much more reliable and quicker now than UPS. One can pretty much expect to receive a USPS package on the 3rd day after shipping. In addition, I’ve heard from 3 different gun shops in my area that they won’t use UPS due to theft problems, supposedly inside jobs.
"This is the West, sir. When the legend becomes fact, print the legend."
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