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C&R (FFL 03) still worth it in NV?





rdfact

NRA Life Member
#1
OK, probably a dumb question but I can't seem to find links/threads on NV gun laws. What sub-forum can I find NV laws? I'm a recent CA escapee and I had a C&R and COE in CA but I let them lapse because it didn't provide many benefits with all the new CA laws. Buying ammo online and skipping the 10 day wait for C&Rs was about it.

Before I bother to apply for a new C&R (FFL 03) license, will that allow me to get C&R rifles shipped direct? Does a C&R handgun still have to go through an FFL 01 (I'm guessing yes but want to be sure).

Thanks.
 

MAC702

LEGEN...wait for it... DARY!
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#2
Yes, a C&R is a real C&R FFL in Nevada. C&R eligible firearms, including handguns, ship directly to your C&R address.

While it's on the subject, I always let my C&R lapse before applying for a new one. I have a few weeks of not being able to use it, but records are allowed to be destroyed as soon as the license expires. Start new records when you get the new license.
 

Kinoons

Obsessed Member
Forum Supporter
2019 Supporter
#3
I didn’t notice, did the UBC law that the demos want to enforce have any provision for C&R holders and their ability to purchase from a private party? Since the C&R holder is licensed is it not a private to private sale? Fall under the same restrictions that it must be a C&R firearm?
 

MAC702

LEGEN...wait for it... DARY!
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#4
I've no intention of complying with their idiocy, so I didn't look yet. Good question. It SHOULD be exempt as it's a license for certain firearms as much as an FFL01 is a license for more (and still also restricted). But, our lawmakers are from CA, and financed from NY, so they may be on to that and show their true colors that its about the gun owners and not the guns.
 

rdfact

NRA Life Member
#5
Thanks for the replies.
The other part of my question was: What sub-forum can I find NV laws? Would these be stickied or do you need to search threads?
 

jfrey123

I aim to misbehave...
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2019 Supporter
#6
I can’t remember if we really have a threat detailing just the laws themselves, but you can find most of the gun statutes in the 202.xxx section of the NRS (linky for ya: https://www.leg.state.nv.us/NRS/NRS-202.html ) You’ll see “Weapons”, “Dangerous Weapons and Firearms,” and “Concealed Firearms.”

You’ll also want to look through NRS 200.xxx for law governing deadly force and justifiable homicide, no duty to retreat, and similar. https://www.leg.state.nv.us/nrs/nrs-200.html

As for your C&R, the first “Weapons” section of that first link deals with the new private party background check laws, and it specifically addresses “unlicensed persons.” It’s my amateur reading of those laws that a FFL holder would be under no responsibility to check another FFL holder, nor would a private seller be restricted from selling to an FFL.
 

Kinoons

Obsessed Member
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2019 Supporter
#7
So the question naturally expands - if I am a licensed individual since I hold an FFL 03 I wouldn’t need to have background checks performed. While the ATF delineates which firearms I am eligible to purchase across state lines NV state law doesn’t appear to delineate which firearms I can buy via private party with an FFL 03.
 

rdfact

NRA Life Member
#8
So the question naturally expands - if I am a licensed individual since I hold an FFL 03 I wouldn’t need to have background checks performed. While the ATF delineates which firearms I am eligible to purchase across state lines NV state law doesn’t appear to delineate which firearms I can buy via private party with an FFL 03.
An FFL 03 is only for firearms defined as Curio and Relic. For most guns, that means those more than 50 years old. The ATF does have a list of what is considered C&R because some guns not yet 50 years old can be considered C&R.

https://www.atf.gov/firearms/curios-relics
To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

  1. Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
  2. Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
  3. Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
 

Kinoons

Obsessed Member
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2019 Supporter
#9
An FFL 03 is only for firearms defined as Curio and Relic. For most guns, that means those more than 50 years old. The ATF does have a list of what is considered C&R because some guns not yet 50 years old can be considered C&R.

https://www.atf.gov/firearms/curios-relics
To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

  1. Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
  2. Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
  3. Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

I am very familiar with the federal definition of a C&R firearm. However the state law for state required background checks does not make that delineation. Since there is no federal law requiring background checks for sales between private parties the C&R status of the firearm doesn’t matter from a federal point of view.
 

jfrey123

I aim to misbehave...
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#10
@Kinoons makes a good point regarding a potential conflict between Fed and state. We can get way down in the weeds on this one, but I’m going to assert an FFL03 would not exempt a Nevadan from the background checks on non-C&R weapons. And damn, while researching this reply, I’m also going to assert that my above reply on C&R is wrong and that state law requires C&R’s to go through a state FFL.

Someone feel free to check my math here, poke holes in my new thoughts/findings:

-18 USC 923b defines the collectors license and states, “Any license granted under this subsection shall only apply to transactions in curios and relics.” So based on that alone, the FFL03 is Federally completely irrelevant to any non-C&R weapon.
https://www.law.cornell.edu/uscode/text/18/923

-NRS 202.2533 creates “definitions” *specifically* and *only* for the private background check law, including:
3.  “Licensed dealer” means a person who holds a license as a dealer in firearms issued pursuant to 18 U.S.C. § 923(a).
5.  “Transferee” means an unlicensed person who wishes or intends to receive a firearm from another unlicensed person.
6.  “Transferor” means an unlicensed person who wishes or intends to transfer a firearm to another unlicensed person.

-Because the state defined “licensed dealer” is specifically those covered under 18USC 923a, a C&R dealer under 923b is not included in the state licensed dealer definition. All persons who are not “licensed dealers” for the purpose of this background check law are thereby “unlicensed” persons, either transferors or transferees.


Discuss.
 

Kinoons

Obsessed Member
Forum Supporter
2019 Supporter
#11
It appears to be the state beat us at our own game. If C&R licenses are not included then if
You wanted to buy an M1 from a fellow Nevadan you’d have to submit to a background check, but if you buy it out of state you’re not required to get one? Or are C&R holders now required to have their firearms sent to a FFL 01 for transfer?
 
#12
I would recommend getting a c & r now before the next legislature meeting ,before they install more draconian gun laws. Buy as much as you can while you still can.