a brief explanation of c&r laws in ca

8/3/2019 A Brief Explanation of c&r Laws in CA

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A BRIEF EXPLANATION OF ANTIQUE, CURIO AND RELIC FIREARMS

This article contains a general summary of California laws relating to antiques and

"curios and relics." It is provided for educational purposes only and is not designed to

provide individual guidance for specific situations, nor does it attempt to summarize

federal law. Use ofCalGunLaws.com is deemed acceptance of the Disclaimers/Terms

of Use policy. The legality of any specific act will ultimately be determined byapplicable federal and state statutory and case law and municipal law where it applies.

For more information on specific state statutes, please refer to the full text of the

California Penal Code sections referenced herein, available via the Internet at:

CalGunLaws.com and California's Official Legislative Information site. Persons having

specific questions are encouraged to seek legal advice from an attorney, or consult their

local law enforcement agency or law library. To agree to these terms and review this

summary, click "read more" below.

Curio and relic laws in California have long been a confusing topic forfirearm owners. After receiving requests for clarification, amemorandum of law regarding the transfer of curio or relic firearmswas drafted by the Law Office of Trutanich-Michel, LLP. Thismemorandum of law is reprinted below, and includes hypotheticalquestions and answers to further clarify any ambiguities. Thismemorandum was provided to the California Department of Justice forreview and comment. The California Department of Justice respondedto the memorandum of law by stating they have "no objection to thestatutory interpretations contained therein." Review the DOJ response

here.

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MEMORANDUM OF LAW

TOPIC: TRANSFERRING CURIO OR RELIC FIREARMS

ANALYSIS

I. DEFINITIONS

A. DEALERS AND COLLECTORS

Under federal law, a "dealer" is "(A) any person engaged in the business ofselling firearms at wholesale or retail, (B) any person engaging in the businessof repairing firearms or of making or fitting special barrels, stocks, or trigger
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mechanisms to firearms, or (C) any person who is a pawnbroker.

A "licensed dealer" under federal law means a dealer who is licensed underfederal law, i.e., has a Federal Firearms License (FFL).

Federal law also creates "licensed collectors," defined by 18 U.S.C. 921(a)(13)as any person licensed to acquire, hold, or dispose of "curios or relics" under18 U.S.C. 923. These are often referred to as Type 3 or "03" FFLs

California law defines "dealer" differently. Under California law, the terms"dealer," "licensee," or "persons licensed pursuant to Penal Code section12071" have specific meanings under Penal Code section 12070(a)(1).1 ACalifornia dealer needs an FFL, but also a number of other licenses, a"Certificate of Eligibility" (COE), and must be listed on the states "centralizedlist" of firearm dealers.

When referring to the California definition of the term "dealer" this memo willspecifically identify the licensee as a "California dealer" so as to distinguish aCalifornia dealer from a federally licensed dealer.

B. "CURIO OR RELIC"

Under federal law, "curios or relics" are defined as any firearms that:

are of special interest to collectors by reason of some quality other than isassociated with firearms intended for sporting use or as offensive or defensiveweapons. To be recognized as "curios or relics," firearms must fall within oneof

the following categories:

(a) Firearms which were manufactured at least 50 years prior to the currentdate, but not including replicas thereof;

(b) Firearms which are certified by the curator of a municipal, State, or Federalmuseum which exhibits firearms to be "curios or relics" of museum interest; and

(c) Any other firearms which derive a substantial part of their monetary valuefrom the fact that they are novel, rare, bizarre, or because of their associationwith some historical figure, period, or event. Proof of qualification of a particular

firearm under this category may be established by evidence of present valueand evidence that like firearms are not available except as collector's items, orthat the value of like firearms available in ordinary commercial channels issubstantially less."2

Thus, "curios or relics" need not be more than 50 years old if they are "certifiedcurios or relics" or if the firearm is so "novel, rare, bizarre," so as to be rare or


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substantially more expensive than like firearms.

California law regulates transfers of "curio or relic"("C&R") firearms, but it doesnot define the term. Instead, California law adopts the federal definition of"curios or relics."

II. FEDERAL INTERSTATE FIREARM TRANSFER LAWS

Generally, persons are prohibited under federal law from acquiring firearmsfrom outside their state of residence. Specifically, 18 U.S.C. 922(a)(3) provides:

It shall be unlawful for any person, other than a licensed importer,licensed manufacturer, licensed dealer, or licensed collector totransport into or receive in the State where he resides (or if theperson is a corporation or other business entity, the State where itmaintains a place of business) any firearm purchased or

otherwise obtained by such person outside that State.

Multiple exceptions to this statute exist.

The statute itself exempts "licensed collectors." This exception exists inconjunction with 18 U.S.C. 923(c) which expressly allows "licensed collectors"to transport firearms in interstate commerce. It provides:

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to a qualifiedapplicant the appropriate license which, subject to the provisions

of this chapter and other applicable provisions of law, shall entitlethe licensee to transport, ship, and receive firearms andammunition covered by such license in interstateor foreigncommerce during the period stated in the license.

But, under 18 U.S.C. 923(d)(1)(F)(I), "the business to be conducted under thelicense [must] not [be] prohibited by State or local law in the place where thelicensed premise is located.

Thus interstate transactions between licensed dealers or "licensed collectors"are permitted under federal law unless prohibited by California law.

III. FIREARM TRANSFERS UNDER CALIFORNIA LAW

Generally speaking, California law requires that most firearm transfers beprocessed through a "California "dealer." California law regulates both theperson(s) involved in a firearm transaction, and the type of transaction itself.

A. CALIFORNIA DEALERS LICENSE REQUIRED TO TRANSFER


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FIREARMS

Penal Code section 12070(a) provides:

No person shall sell, lease, or transfer firearms unless he or she

has been issued a license pursuant to Section 12071. Any personviolating this section is guilty of a misdemeanor.

Multiple exceptions exist which exempt certain people from having to get aCalifornia dealer license to sell, lease, or transfer firearms.

Although it may seem obvious that a purchaser of a firearm should not need aCalifornia dealers license, the fact that by its own terms this statute does notrequire the buyer, leasee, or transferree of firearms to obtain a license issignificant, as discussed below.

B. TRANSACTIONS THAT MUST GO THROUGH A CALIFORNIA DEALER

Penal Code section 12072(d) requires private party firearm sales to be donethrough a licensed dealer or through law enforcement. It provides:

Where neither party to the transaction holds a [California] dealer's licenseissued pursuant to Section 12071, the parties to the transaction shall completethe sale, loan, or transfer of that firearm through either of the following:

(1) A licensed firearms dealer pursuant to Section 12082.

(2) A law enforcement agency pursuant to Section 12084.

Penal Code section 12072(d) applies to transactions where the personsinvolved do not hold "California dealers" licenses. A number of specifictransactions are exempted from 12072(d), some of which apply to some C&Rfirearms, as discussed below.

C.TRANSFERS FROM OUT OF STATE FFLS TO CALIFORNIA FFLSRESTRICTED

Penal Code section 12072(f) provides that:

No person who is licensed pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code shall deliver, sell, or transfer afirearm to a person who is licensed pursuant to Chapter 44 (commencing withSection 921) of Title 18 of the United States Code and whose licensedpremises are located in this state unless, ... [p]rior to January 1, 2005, theintended recipient does one of the following:


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(i) Presents proof of licensure pursuant to Section 12071 to that person.

(ii) Presents proof that he or she is exempt from licensure under Section 12071to that person, in which case the person also shall present proof that thetransaction is also exempt from the provisions of subdivision (d).

Thus, out-of-state FFLs may transfer firearms to California FFLs that are notCalifornia licensed dealers if the recipient provides proof that they are aCalifornia dealer, or are exempt from such licensure, and that such atransaction is exempt from the provisions of 12072(d).

So, collectors not in the business of selling firearms are not required to become"California dealers" since they are not selling, leasing or transferring firearms asis prohibited without a California Dealers License by Penal Code section12070(a). Instead such collectors are receiving firearms for their collection.Recipients do not need to be California licensed.

Thus, a "licensed collector" not selling, transferring, or leasing "curios or relics"may receive "curios or relics" from other FFLs if such transfers are exempt fromPenal Code section 12072(d).

Furthermore, a private party, collector or not, who only receives firearms isexempt from being licensed as a California dealer. And Penal Code section12072(f) would not apply unless the private party was an FFL. So if thetransaction itself is exempted from 12072(d), private parties can receivefirearms from out of state FFLs.

The exemptions to 12072 are set out in Penal Code section 12078, and arediscussed below.

IV.TRANSFERS EXEMPT FROM 12070(a) LICENSING REQUIREMENT

A. RECIPIENTS OF FIREARMS

By it own terms, Penal Code section 12070(a) only applies to the seller, lessor,or transferor. It does not require the buyer, lessee, or transferee, i.e., therecipient of a firearm to have a California dealers license.

B. PERSONS SELLING INFREQUENTLY

Penal Code section 12070(b)(4) provides that section 12070(a) does not applyto:

The infrequent sale, lease, or transfer of firearms.


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This exception apparently exists to allow gun owners to sell their property.

C. OUT OF STATE FFLS TRANSFERRING TO CALIFORNIA DEALERS

California expressly exempts out of state FFL from requiring a California

dealers license to sell to "California dealers." Penal Code section 12070(b)(15)provides an exemption to Penal Code section 12070(a), and provides that12070(a) does not apply to:

Sales, deliveries, or transfers of firearms by persons who reside outside thisstate and are licensed pursuant to Chapter 44 (commencing with section 921)of Title 18 of the united States Code, and the regulations issued pursuantthereto to dealers, if the sale, delivery, or transfer is in accordance with Chapter44 (commencing with Section 921) of Title 18 of the United States Code, andthe regulations issued pursuant thereto.

D. OUT OF STATE PERSONS (NON-FFLS) TRANSFERRING TOCALIFORNIA DEALERS

Penal Code section 12070(b)(14) provides an exemption to Penal Code section12070(a) for sales from out-of-state persons to "California dealers." Subdivision(a) does not apply to:

Sales, deliveries, or transfers of firearms by persons who reside outside thisstate to persons licensed pursuant to Section 12071, if the sale, delivery, ortransfer is in accordance with Chapter 44 (commencing with Section 921) ofTitle 18 of the United States Code, and the regulations issued pursuant thereto.

E. COLLECTOR / 03 FFLS WITH CALIFORNIA COE TRANSFERRING TOCALIFORNIA DEALERS

Pursuant to Penal Code section 12070(b)(18), Penal Code section 12070(a)does not apply to:

"the delivery of an unloaded firearm that is a curio or relic, as defined in Section178.11 of Title 27 of the Code of Federal Regulations, by a person licensed asa collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issued pursuant thereto with a

current certificate of eligibility issued pursuant to Section 12071 to a [California]dealer."

Thus, persons with both a "collectors license" and a COE may transfer "curiosor relics" on a frequent basis to "California dealers" without themselves being a"California dealer."


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V. TRANSACTIONS EXEMPT FROM PENAL CODE SECTION 12072(d).

A. TRANSFERS OF LONG GUN C&RS OVER 50 YEARS OLD BETWEENPRIVATE PARTIES

Penal Code section 12078(t)(2) exempts the infrequent transfer of rifles orshotguns that are both "curios or relics" and that are at least 50 years old fromthe requirements of Penal Code section 12072(d).

Specifically, Section 12078 (t)(2) exemption provides that:

Subdivision (d) of Section 12072 shall not apply to the infrequent3

sale, loan, or transfer of a firearm that is not a pistol, revolver, orother firearm capable of being concealed upon the person, whichis a curio or relic manufactured at least 50 years priorto thecurrent date, but not including replicas thereof, as defined in

Section 178.11 of Title 27 of the Code of Federal Regulations.

Thus, a rifle or shotgun (i.e. firearm that is not a pistol, revolver, or other firearmcapable of being concealed) that is a "curio or relic" at least 50 years old may,on an infrequentbasis, be transferred from a federally licensed dealer to a"licensed collector," and between private parties without going through aCalifornia licensed dealer.

Nothing in the Penal Code prohibits such transaction where the source of thetransfer is an out-of-state party. Nothing in the Penal Code requires therecipientto possess a Certificate of Eligibility.

Nor is the recipient from a non-licensee required to complete a Dealer Recordof Sale form or undergo a background check.

Penal Code section 12078(t)(2) does not apply to transactions involving a"California dealer" because Penal Code section 12072(d) only applies totransactions where neitherparty is a "California dealer." If the transferor is aCalifornia Licensee, then the general firearm transfer rules apply, with oneexception applying to long-guns.

Nothing in the Penal Code prohibits a "licensed collector"from receiving a curio

or relic long-gun from out-of-state. In fact, certain procedures are in place tofacilitate the importation of curio or relics. With regard to transfers by out-of-state federal firearm licensees to "licensed collectors," California law requirescertain procedures be followed.

Thus, out-of-state sales of firearms, including "curios or relics," to "Californiadealers" are permitted.


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Thus, out-of-state FFL may transfer firearms to California FFLs that are notCalifornia licensed dealers ifthe recipient FFL provides proof that they areexempt from licensure under California law and that such a transaction isexempt from the provisions of 12072(d).

Collectors not in the business of selling firearms are not required to become"California dealers" since they are not selling, leasing or transferring firearms asis prohibited without a California Dealers License by Penal Code section12070(a). Instead such collectors are thought to be acquiring firearms for theircollection. Thus, a "licensed collector" not selling, transferring, or leasing"curios or relics" may receive "curios or relics" from other FFLs if such transfersare exempt from Penal Code section 12072(d).

VI. NOTICE REQUIRED FOR IMPORTATION OF"CURIO OR RELIC"HANDGUNS BY LICENSED COLLECTORS

Penal Code section 12072(f)(3) requires that licensed collectors importinghandguns that are"curios or relics" into California notify the DOJ within fivedays of importing the firearm into the state:

Where a person who is licensed as a collector pursuant toChapter 44 (commencing with Section 921) of Title 18 of theUnited States Code and the regulations issued pursuant thereto,whose licensed premises are within this state, acquires a pistol,revolver, or other firearm capable of being concealed upon theperson that is a curio or relic, as defined in Section 178.11 of Title27 of the Code of Federal Regulations, outside of this state, takes

actual possession of that firearm outside of this state pursuant tothe provisions of subsection (j) of Section 923 of Title 18 of theUnited States Code, as amended by Public Law 104-208, andtransports that firearm into this state, within five days of thatlicensed collector transporting that firearm into this state, he orshe shall report to the department in a format prescribed by thedepartment his or her acquisition of that firearm."

VII. EXEMPTION TO WAITING PERIOD FOR 03 / COLLECTOR FFLs WITHA COE

Penal Code sections 12071, 12072 and 12084 apply waiting periods to certainfirearm transactions.

California Penal Code section 12078 (t) (1), however, expressly exempts thewaiting period for transfers of "curios or relics" to "licensed collectors" withCOEs. Specifically:

The waiting period described in Sections 12071, 12072, and 12084 shall not


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apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic,as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, bya dealer or through a law enforcement agency to a person who is licensed as acollector pursuant to Chapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issued pursuant thereto who has a

current certificate of eligibility issued to him or her by the Department of Justicepursuant to Section 12071.

Thus, if you have both a "collectors license" and a Certificate of Eligibility, thewaiting period does not apply so long as the firearm is a "curio or relic." If thefirearm is not a "curio or relic" then the Penal Code section 12078(t)(1)exemption does not apply, and the firearm is subject to the ten day waitingperiod stated in Penal Code sections 12071, 12072 and 12084.4

Penal Code section 12072(t)(1) does apply, exempting the waiting period for"licensed collectors" with COEs, but also requires that:

On the date that the delivery, sale, or transfer is made, the dealer delivering thefirearm or the law enforcement agency processing the transaction pursuant toSection 12084, shall forward by prepaid mail to the Department of Justice areport of the transaction pursuant to subdivision (b) of Section 12077 or Section12084. If the electronic or telephonic transfer of applicant information is used,on the date that the application to purchase is completed, the dealer deliveringthe firearm shall transmit to the Department of Justice an electronic ortelephonic report of the transaction as is indicated in subdivision (b) or (c) ofSection 12077.

"Licensed collectors" not in the business of selling firearms are not required tobecome a "California dealer" since they are not selling, leasing or transferringfirearms as is prohibited without a "California dealers" license by Penal Codesection 12070(a). Instead, such collectors are acquiring curio or relic firearmsfor their collection. Thus, a "licensed collector" that is not selling, transferring, orleasing "curios or relics" may receive "curios or relics" from other FFLs if suchtransfers are exempt from Penal Code section 12072(d).

Thus, a rifle or shotgun (i.e. firearm that is not a pistol, revolver, or other firearmcapable of being concealed) that is a "curio or relic" at least 50 years old may,on an infrequentbasis, be transferred from a federally licensed dealer to a

"licensed collector," and between private parties without going through a"California dealer."

VIII. EXEMPTION TO ONE-HANDGUN-A-MONTH FOR 03 / COLLECTORFFLs WITH A COE

Penal Code section 12072(a)(9)(A) provides that "[n]o person shall make anapplication to purchase more than one pistol, revolver, or other firearm capable


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of being concealed upon the person within any 30-day period." Penal Codesection 12072(a)(9)(B)(x), however, provides a limited exemption to licensedcollectors with COEs:

Subparagraph (A) shall not apply to ... [a]ny person who is licensed as a

collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issued pursuant thereto and whohas a current certificate of eligibility issued to him or her by the Department ofJustice pursuant to Section 12071.

Thus, the 30 day waiting period does not apply to the transfer of "curios orrelics" to"licensed collectors" with a COE.

CURIO OR RELIC INTERSTATE TRANSFER

QUESTIONS AND ANSWERS

[INTERSTATE TRANSFERS]

Q1. May a C&R FFL directly receive a long gun that is a"curio or relic" at least 50 years old in interstate commercewithout a certificate of eligibility?

A1. Yes, on an infrequent basis from non "Californiadealers."

Generally, persons are prohibited from acquiring firearms fromout-of-state. Specifically, 18 U.S.C. 922(a)(3) provides that:

It shall be unlawful for any person, other than a

licensed importer, licensed manufacturer, licenseddealer, or licensed collector to transport into orreceive in the State where he resides (or if theperson is a corporation or other business entity, theState where it maintains a place of business) anyfirearm purchased or otherwise obtained by suchperson outside that State.


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Multiple exceptions to this general rule exist. One exceptionstated above is made for "licensed collectors," which is defined by18 U.S.C. 921(a)(13) as any person licensed to acquire, hold, ordispose of "curios or relics" under 18 U.S.C. 923. This exceptionexists because 18 U.S.C. 923(c) expressly allows "licensed

collectors" to transport firearms in interstate commerce.

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject tothe provisions of this chapter and other applicableprovisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered bysuch license in interstateor foreign commerce during theperiod stated in the license.

But, under 18 U.S.C. 923(d)(1)(F)(I), "the business to beconducted under the license [must] not [be] prohibited by State orlocal law in the place where the licensed premise is located. Thus,unless otherwise prohibited in California, interstate transactionsby "licensed collectors" are permitted.

In California, nothing in the Penal Code prohibits a "licensedcollector"from receiving a curio or relic long-gun from out-of-state.In fact, certain procedures are in place to facilitate the importationof curio or relics. With regard to transfers by out-of-state federalfirearm licensees to "licensed collectors," California law requires

certain procedures be followed.

California permits the sale of firearms to "California dealers" byout-of-state FFLs. Specifically, California Penal Code section12070(a) provides that (a) No person shall sell, lease, or transferfirearms unless he or she has been issued a license pursuant toSection 12071. Penal Code section 12070(b)(14), however,provides an exemption to Penal Code section 12070(a) for salesfrom out-of-state persons to "California dealers:"

Subdivision (a) does not include any [s]ales, deliveries, or

transfers of firearms by persons who reside outside thisstate to persons licensed pursuant to Section 12071, if thesale, delivery, or transfer is in accordance with Chapter 44(commencing with Section 921) of Title 18 of the UnitedStates Code, and the regulations issued pursuant thereto.

Thus, out-of-state sales of firearms, including "curios or relics," to


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"California dealers" are permitted.

Additionally, a "licensed collector" may directly receive a long gunthat is a "curio or relic" at least 50 years old in interstatecommerce without going through a "California dealer" or a

certificate of eligibility. Specifically, Penal Code section 12072(f)provides that:

No person who is licensed pursuant to Chapter 44(commencing with Section 921) of Title 18 of theUnited States Code shall deliver, sell, or transfer afirearm to a person who is licensed pursuant toChapter 44 (commencing with Section 921) of Title18 of the United States Code and whose licensedpremises are located in this state unless, ... [p]rior toJanuary 1, 2005, the intended recipient does one of

the following:

(i) Presents proof of licensure pursuant toSection 12071 to that person.

(ii) Presents proof that he or she is exemptfrom licensure under Section 12071 to thatperson, in which case the person also shallpresent proof that the transaction is alsoexempt from the provisions of subdivision (d).

Thus, out-of-state Federal Firearms Licensees may transferfirearms to California Federal Firearms Licensees that are notCalifornia licensed dealers if the recipient provides proof that theyare exempt from licensure and that such a transaction is exemptfrom the provisions of 12072(d).

Collectors not in the business of selling firearms are not requiredto become "California dealers" since they are not selling, leasingor transferring firearms as is prohibited without a CaliforniaDealers License by Penal Code section 12070(a). But insteadsuch collectors are acquiring firearms for their collection. Thus, a

"licensed collector" not selling, transferring, or leasing "curios orrelics" may receive "curios or relics" from other FFLs if suchtransfers are exempt from Penal Code section 12072(d).

Penal Code section 12078(t)(2), however, exempts the infrequenttransfer of rifles or shotguns that are both "curios or relics" andthat are at least 50 years old from the requirements of PenalCode section 12072(d). Specifically, Section 12078 (t)(2)


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exemption provides that:

Subdivision (d) of Section 12072 [see footnote 4] shall notapply to the infrequentsale, loan, or transfer of a firearmthat is not a pistol, revolver, or other firearm capable of

being concealed upon the person, which is a curio or relicmanufactured at least 50 years priorto the current date,but not including replicas thereof, as defined in Section178.11 of Title 27 of the Code of Federal Regulations.

Thus, a rifle or shotgun (i.e. firearm that is not a pistol, revolver, orother firearm capable of being concealed) that is a "curio or relic"at least 50 years old may, on an infrequentbasis, be transferredfrom a federally licensed dealer to a "licensed collector," andbetween private parties without going through a Californialicensed dealer.

Nothing in the Penal Code prohibits such transaction where thesource of the transfer is an out-of-state party. Nothing in the PenalCode requires the recipient to possess a Certificate of Eligibility.Nor is the recipient from a non-licensee required to complete aDealer Record of Sale form or undergo a background check.

Penal Code section 12078(t)(2) does not apply because PenalCode section 12072(d) only applies to transactions where neitherparty is a "California dealer." If the transferor is a CaliforniaLicensee, then the general firearm transfer rules apply, with one

exception applying to long-guns. Penal Code section 12072(t)(1)applies, exempting the waiting period for "licensed collectors" withCOEs, but also requires that:

On the date that the delivery, sale, or transfer is made, thedealer delivering the firearm or the law enforcementagency processing the transaction pursuant to Section12084, shall forward by prepaid mail to the Department ofJustice a report of the transaction pursuant to subdivision(b) of Section 12077 or Section 12084. If the electronic ortelephonic transfer of applicant information is used, on the

date that the application to purchase is completed, thedealer delivering the firearm shall transmit to theDepartment of Justice an electronic or telephonic report ofthe transaction as is indicated in subdivision (b) or (c) ofSection 12077.

Q2. If a long gun that is less than 50 years, but is otherwise acurio or relic (because it is either certified by the curator of a


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municipal, State, or Federal museum or is a long gun whichderives a substantial part of their monetary value from thefact that they are novel, rare, bizarre), is transferred ininterstate commerce must it be sent to "California dealer?"

A2. Yes. Generally, persons are prohibited from acquiringfirearms from out-of-state. Specifically, 18 U.S.C. 922(a)(3)provides that:

It shall be unlawful for any person, other than a licensedimporter, licensed manufacturer, licensed dealer, orlicensed collector to transport into or receive in the Statewhere he resides (or if the person is a corporation or otherbusiness entity, the State where it maintains a place ofbusiness) any firearm purchased or otherwise obtained bysuch person outside that State.

Multiple exceptions to this general rule exist. One exceptionstated above is made for "licensed collectors," which is defined by18 U.S.C. 921(a)(13) as any person licensed to acquire, hold, ordispose of "curios or relics" under 18 U.S.C. 923. This exceptionexists because 18 U.S.C. 923(c) expressly allows "licensedcollectors" to transport firearms in interstate commerce.

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject to

the provisions of this chapter and other applicableprovisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered bysuch license in interstateor foreign commerce during theperiod stated in the license.


California permits the sale of firearms to "California dealers" byout-of-state FFLs. Specifically, California Penal Code section12070(a) provides that (a) No person shall sell, lease, or transferfirearms unless he or she has been issued a license pursuant toSection 12071. Penal Code section 12070(b)(14), however,provides an exemption to Penal Code section 12070(a) for sales


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from out-of-state persons to "California dealers:"

Subdivision (a) does not include any [s]ales, deliveries, ortransfers of firearms by persons who reside outside thisstate to persons licensed pursuant to Section 12071, if the

sale, delivery, or transfer is in accordance with Chapter 44(commencing with Section 921) of Title 18 of the UnitedStates Code, and the regulations issued pursuant thereto.

Thus, out-of-state sales of firearms, including "curios or relics," to"California dealers" are permitted.

California permits the transfer of "curios or relics" less than 50years old to "California dealers," but not to "licensed collector."While some exemptions allow the transfer by out-of-state personsof long gun "curios or relics" at least 50 years old to California

residents, they do not apply to any "curios or relics" that are lessthan 50 years old. Specifically, Penal Code section 12072(f)provides that:

No person who is licensed pursuant to Chapter 44(commencing with Section 921) of Title 18 of the UnitedStates Code shall deliver, sell, or transfer a firearm to aperson who is licensed pursuant to Chapter 44(commencing with Section 921) of Title 18 of the UnitedStates Code and whose licensed premises are located inthis state unless, ... Prior to January 1, 2005, the intended

recipient does one of the following:

(i) Presents proof of licensure pursuant to Section12071 to that person.

(ii) Presents proof that he or she is exempt fromlicensure under Section 12071 to that person, inwhich case the person also shall present proof thatthe transaction is also exempt from the provisions ofsubdivision (d).

Thus, out-of-state Federal Firearms Licensees may transferfirearms to California Federal Firearms Licensees that are not"California dealers" if the recipient provides proof that they areexempt from licensure and that such a transaction is exempt fromthe provisions of 12072(d).

Collectors not in the business of selling firearms are not requiredto become "California dealers" since they are not selling, leasing


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or transferring firearms as is prohibited without a CaliforniaDealers License by Penal Code section 12070(a). But insteadsuch collectors are acquiring firearms for their collection. Thus, a"licensed collector" not selling, transferring, or leasing "curios orrelics" may receive "curios or relics" from other FFLs if such

transfers are exempt from Penal Code section 12072(d).

Penal Code section 12072(d) states that "[w]here neither party tothe transaction holds a [California] dealer's license issuedpursuant to Section 12071, the parties to the transaction shallcomplete the sale, loan, or transfer of that firearm through eitherof the following:



Penal Code section 12078(t)(2) exempts the infrequent transfer ofrifles or shotguns that are both "curios or relics" and that are atleast 50 years old from the requirements of Penal Code section12072(d). Specifically, Section 12078 (t)(2) exemption providesthat:

Subdivision (d) of Section 12072 [see footnote 4] shall notapply to the infrequentsale, loan, or transfer of a firearmthat is not a pistol, revolver, or other firearm capable ofbeing concealed upon the person, which is a curio or relic

manufactured at least 50 years priorto the current date,but not including replicas thereof, as defined in Section178.11 of Title 27 of the Code of Federal Regulations.

But this exemption is limited to "curio or relic" long guns at least50 years old. Nothing exempts the transfer of curio or relics thatare less than 50 years of age.

Thus, a rifle or shotgun (i.e. firearm that is not a pistol, revolver, orother firearm capable of being concealed) that is a "curio or relic"50 years old or less may not transferred from a federally licensed

dealer to a "licensed collector," or between private parties withoutgoing through a "California dealer" as required by Penal Codesections 12072(b)(14), 12072(d) and 12072(f)(i).

Q3. Must a curio or relic handgun being transferred (i.e. notpersonally imported) into California, be transferred only to"California dealers?" If so, what exemptions do collectors


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have?

A3. Yes. Generally, persons are prohibited from importingfirearms from out-of-state. Specifically, 18 U.S.C. 922(a)(3)provides that:

It shall be unlawful for any person, other than a licensedimporter, licensed manufacturer, licensed dealer, orlicensed collector to transport into or receive in the Statewhere he resides (or if the person is a corporation or otherbusiness entity, the State where it maintains a place ofbusiness) any firearm purchased or otherwise obtained bysuch person outside that State.

Multiple exceptions to this general rule exist. One exceptionstated above is made for "licensed collectors," which is defined by

18 U.S.C. 921(a)(13) as any person licensed to acquire, hold, ordispose of "curios or relics" under 18 U.S.C. 923. This exceptionexists because 18 U.S.C. 923(c) expressly allows "licensedcollectors" to transport firearms in interstate commerce.

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject tothe provisions of this chapter and other applicableprovisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered by

such license in interstateor foreign commerce during theperiod stated in the license.


California permits the sale of firearms to "California dealers" byout-of-state FFLs. Specifically, California Penal Code section

12070(a) provides that (a) No person shall sell, lease, or transferfirearms unless he or she has been issued a license pursuant toSection 12071. Penal Code section 12070(b)(14), however,provides an exemption to Penal Code section 12070(a) for salesfrom out-of-state persons to "California dealers:"

Subdivision (a) does not include any [s]ales, deliveries, ortransfers of firearms by persons who reside outside this


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state to persons licensed pursuant to Section 12071, if thesale, delivery, or transfer is in accordance with Chapter 44(commencing with Section 921) of Title 18 of the UnitedStates Code, and the regulations issued pursuant thereto.

Thus, out-of-state sales of firearms, including "curios or relics," to"California dealers" are expressly permitted.

Additinally, Penal Code section 12072(f) provides that:

No person who is licensed pursuant to Chapter 44(commencing with Section 921) of Title 18 of theUnited States Code shall deliver, sell, or transfer afirearm to a person who is licensed pursuant toChapter 44 (commencing with Section 921) of Title18 of the United States Code and whose licensed

premises are located in this state unless, ... Prior toJanuary 1, 2005, the intended recipient does one ofthe following:

(i) Presents proof of licensure pursuantto Section 12071 to that person.

(ii) Presents proof that he or she isexempt from licensure under Section12071 to that person, in which casethe person also shall present proof

that the transaction is also exemptfrom the provisions of subdivision (d).

Thus, out-of-state federal firearms licensees may transfer firearmsto California federal firearms licensees that are not "Californiadealers" if the recipient provides proof that they are exempt fromCalifornia licensure and that such a transaction is exempt fromthe provisions of 12072(d).

Collectors not in the business of selling firearms are not requiredto become "California dealers" since they are not selling, leasing

or transferring firearms as is prohibited without a CaliforniaDealers License by Penal Code section 12070(a). But insteadsuch collectors are acquiring firearms for their collection. Thus, a"licensed collector" not selling, transferring, or leasing "curios orrelics" may receive "curios or relics" from other FFLs if suchtransfers are exempt from Penal Code section 12072(d).

Penal Code section 12072(d) states that "[w]here neither party to


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the transaction holds a [California] dealer's license issuedpursuant to Section 12071, the parties to the transaction shallcomplete the sale, loan, or transfer of that firearm through eitherof the following:



Penal Code section 12078(t)(2) exempts the infrequent transfer ofrifles or shotguns that are both "curios or relics" and that are atleast 50 years old from the requirements of Penal Code section12072(d). Specifically, Section 12078 (t)(2) exemption providesthat:

Subdivision (d) of Section 12072 [see footnote 4] shall not

apply to the infrequentsale, loan, or transfer of a firearmthat is not a pistol, revolver, or other firearm capable ofbeing concealed upon the person, which is a curio or relicmanufactured at least 50 years priorto the current date,but not including replicas thereof, as defined in Section178.11 of Title 27 of the Code of Federal Regulations.

But this exemption only applies to long-gun "curios or relics" thatare at least 50 years old. Nothing exempts the transfer (asopposed to the personal importation) of handgun curio or relic.Thus, a handgun curio or relic may not transferred from a

federally licensed dealer to a "licensed collector," or betweenprivate parties without going through a California licensed dealeras required by Penal Code sections 12072(b)(14), 12072(d) and12072(f)(i).

Unless otherwise exempted, the "California dealers" obligationswith regard to private party transfers still apply, such as DealerRecord of Sale forms and background checks. Two exemptionsapply to "licensed collectors" with regard to handguns.

First, though Penal Code section 12072(a)(9)(A) provides that

"[n]o person shall make an application to purchase more than onepistol, revolver, or other firearm capable of being concealed uponthe person within any 30-day period," Penal Code section12072(a)(9)(B)(x) provides a limited exemption to licensedcollectors with COEs:

Subparagraph (A) shall not apply to ... [a]ny person who islicensed as a collector pursuant to Chapter 44


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(commencing with Section 921) of Title 18 of the UnitedStates Code and the regulations issued pursuant theretoand who has a current certificate of eligibility issued to himor her by the Department of Justice pursuant to Section12071.

Thus, the one-handgun-a-month law does not apply to thetransfer of "curios or relics" to "licensed collectors" with COEs.

Second, Penal Code sections 12071, 12072 and 12084 applywaiting periods to certain firearm transactions. California PenalCode section 12078 (t) (1), however, expressly exempts thewaiting period for transfers of "curios or relics" to "licensedcollectors" with a COE. Specifically:

The waiting period described in Sections 12071,

12072, and 12084 shall not apply to the sale,delivery, loan, or transfer of a firearm that is a "curioor relic," as defined in Section 178.11 of Title 27 ofthe Code of Federal Regulations, by a dealer orthrough a law enforcement agency to a person whois licensed as a collector pursuant to Chapter 44(commencing with Section 921) of Title 18 of theUnited States Code and the regulations issuedpursuant thereto who has a current certificate ofeligibility issued to him or her by the Department ofJustice pursuant to Section 12071.

Thus, if a "licensed collector" has a Certificate of Eligibility, thewaiting period does not apply so long as the firearm is a "curio orrelic."

[INTERSTATE IMPORTATION]

Q4. May a "licensed collector" go out-of-state, acquire a"curio or relic" handgun, and import it into CA if reported

within 5 days?

A4. Yes. Generally, persons are prohibited from importingfirearms from out-of-state. Specifically, 18 U.S.C. 922(a)(3)provides that:

It shall be unlawful for any person, other than a licensedimporter, licensed manufacturer, licensed dealer, or


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licensed collector to transport into or receive in the Statewhere he resides (or if the person is a corporation or otherbusiness entity, the State where it maintains a place ofbusiness) any firearm purchased or otherwise obtained bysuch person outside that State.

Multiple exceptions to this general rule exist. One exceptionstated above is made for "licensed collectors," which is defined by18 U.S.C. 921(a)(13) as any person licensed to acquire, hold, ordispose of "curios or relics" under 18 U.S.C. 923. This exceptionexists because 18 U.S.C. 923(c) expressly allows "licensedcollectors" to transport firearms in interstate commerce.

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject to

the provisions of this chapter and other applicableprovisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered bysuch license in interstateor foreign commerce during theperiod stated in the license.


This transaction occurs wholly outside of California. Nothing in theCalifornia Penal Code prohibits "licensed collector" from acquiring"curio or relic" handguns out-of-state and importing them into thestate. In fact, specific law has been created to facilitate and trackthe importation of "curio or relic" handguns. Specifically, PenalCode section 12072(f)(3) requires that "licensed collectors"importing handguns that are"curios or relics" into California tonotify the DOJ within five days of importing the firearm into thestate:

Where a person who is licensed as a collectorpursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code and theregulations issued pursuant thereto, whose licensedpremises are within this state, acquires a pistol,revolver, or other firearm capable of beingconcealed upon the person that is a "curio or relic,"as defined in Section 178.11 of Title 27 of the Code


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of Federal Regulations, outside of this state, takesactual possession of that firearm outside of thisstate pursuant to the provisions of subsection (j) ofSection 923 of Title 18 of the United States Code,as amended by Public Law 104-208, and transports

that firearm into this state, within five daysof thatlicensed collector transporting that firearm into thisstate, he or she shall report to the department in aformat prescribed by the department his or heracquisition of that firearm.

Thus, a "licensed collector" may go to an out-of-state gun show,acquire a "curio or relic" handgun, and import it into CA if reportedwithin 5 days.

Q5. Can a "licensed collector" go out-of-state with andacquire a "curio or relic" long gun at least 50 years old,return to California with the firearm, and not report thefirearm acquisition?

A5. Yes. Generally, persons are prohibited from acquiringfirearms out-of-state. Specifically, 18 U.S.C. 922(a)(3) providesthat:

It shall be unlawful for any person, other than a

licensed importer, licensed manufacturer, licenseddealer, or licensed collector to transport into orreceive in the State where he resides (or if theperson is a corporation or other business entity, theState where it maintains a place of business) anyfirearm purchased or otherwise obtained by suchperson outside that State.

Multiple exceptions to this general rule exist. One exception ismade for "licensed collectors," which is defined by 18 U.S.C.921(a)(13) as any person licensed to acquire, hold, or dispose of

"curios or relics" under 18 U.S.C. 923. This exception existsbecause 18 U.S.C. 923(c) expressly allows "licensed collectors"to transport firearms in interstate commerce:

Upon the filing of a proper application and payment of theprescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject tothe provisions of this chapter and other applicable


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provisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered bysuch license in interstateor foreign commerce during theperiod stated in the license.


In California, nothing in the Penal Code prohibits "licensedcollector" from acquiring "curio or relic" rifles or shotguns at least50 years old out-of-state and importing them into the state.

In fact, though no specific law directly regulates such a

transaction, specific law have been created for to facilitate andtrack the importation of "curio or relic" handguns. Thus, hadCalifornia desired to imposed similar reporting requirements orprohibit the same type of transaction involving long guns theywould have. Specifically, Penal Code section 12072(f)(3) requiresthat "licensed collectors" importing handguns that are"curios orrelics" into California notify the DOJ within five days of importingthe firearm into the state:

Where a person who is licensed as a collector pursuant toChapter 44 (commencing with Section 921) of Title 18 of

the United States Code and the regulations issuedpursuant thereto, whose licensed premises are within thisstate, acquires a pistol, revolver, or other firearm capableof being concealed upon the person that is a "curio orrelic," as defined in Section 178.11 of Title 27 of the Codeof Federal Regulations, outside of this state, takes actualpossession of that firearm outside of this state pursuant tothe provisions of subsection (j) of Section 923 of Title 18 ofthe United States Code, as amended by Public Law 104-208, and transports that firearm into this state, within fivedaysof that licensed collector transporting that firearm into

this state, he or she shall report to the department in aformat prescribed by the department his or her acquisitionof that firearm."

No similar reporting provision applies to the importation of longgun "curios or relics" that are at least 50 years old. Thus, a"licensed collector" may go out-of-state, acquire a "curio or relic"that is at least 50 years old, and import it into CA without reporting


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it.

Q6. Is a person prohibited from going out-of-state to acquirea "curio or relic" long gun that is less than 50 years, unlessthe acquisition is shipped to licensed California "dealer."

A6. Yes. Generally, persons are prohibited from acquiringfirearms out-of-state. Specifically, 18 U.S.C. 922(a)(3)provides that:

It shall be unlawful for any person, other than alicensed importer, licensed manufacturer, licenseddealer, or licensed collector to transport into orreceive in the State where he resides (or if theperson is a corporation or other business entity, theState where it maintains a place of business) any

firearm purchased or otherwise obtained by suchperson outside that State.

Multiple exceptions to this general rule exist. One exception ismade for "licensed collectors," which is defined by 18 U.S.C.921(a)(13) as any person licensed to acquire, hold, or dispose of"curios or relics" under 18 U.S.C. 923. This exception existsbecause 18 U.S.C. 923(c) expressly allows "licensed collectors"to transport firearms in interstate commerce:

Upon the filing of a proper application and payment of the

prescribed fee, the Attorney General shall issue to aqualified applicant the appropriate license which, subject tothe provisions of this chapter and other applicableprovisions of law, shall entitle the licensee to transport,ship, and receive firearms and ammunition covered bysuch license in interstateor foreign commerce during theperiod stated in the license.

But, under 18 U.S.C. 923(d)(1)(F)(I), "the business to beconducted under the license [must] not [be] prohibited by State orlocal law in the place where the licensed premise is located. Thus,

unless otherwise prohibited in California, interstate transactionsby "licensed collectors" are permitted.

In California, nothing in the Penal Code prohibits a "licensedcollector" from acquiring "curio or relic" rifles or shotguns lessthan 50 years out-of-state and importing them into the state.

In fact, though no specific law directly regulates such a


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transaction, specific law has been created to facilitate and trackthe importation of "curio or relic" handguns. Thus, had Californiadesired to imposed similar reporting requirements or prohibit thesame type of transaction involving long guns they would have.Specifically, Penal Code section 12072(f)(3) requires that

"licensed collectors" importing handguns that are"curios or relics"into California notify the DOJ within five days of importing thefirearm into the state:

Where a person who is licensed as a collector pursuant toChapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issuedpursuant thereto, whose licensed premises are within thisstate, acquires a pistol, revolver, or other firearm capableof being concealed upon the person that is a "curio orrelic," as defined in Section 178.11 of Title 27 of the Code

of Federal Regulations, outside of this state, takes actualpossession of that firearm outside of this state pursuant tothe provisions of subsection (j) of Section 923 of Title 18 ofthe United States Code, as amended by Public Law 104-208, and transports that firearm into this state, within fivedays of that licensed collector transporting that firearm intothis state, he or she shall report to the department in aformat prescribed by the department his or her acquisitionof that firearm."

No similar reporting provision applies to the importation of long gun "curios or

relics" that are less than 50 years. Thus, a "licensed collector" may go out-of-state, acquire a "curio or relic" long gun or shotgun that is less than 50 years,and import it into CA without reporting it.

a brief explanation of c&r laws in ca

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