Post by krwada on Jun 27, 2014 10:26:19 GMT -5
Here is a description of how I got my Type-3 FFL. I can now purchase a relic, (firearm older than 1963 vintage), without having to do a regular FFL transfer. This pretty much opens a whole bunch of firearms that I can purchase without having to go through the FFL transfer. Of course, here in Kalifornia ... they are even trying to squash this too ... but that is a discussion for another thread.
If you wish to have a text version of this emailed to you, please send me a message, in the message section of this forum.
How to get your Type-3 FFL Curio and Relic License.
The 1968 gun control and safety act created what we now know as the Federal Firearms License, (FFL) process. One of the Types that is relatively easy to do is to sign up for the Type-3 Curio and Relic License. Basically, this is a way so that you only have to do a background check once and from then on, you are pretty much free to purchase a Curio and Relic, across state lines without having to do an FFL transfer.
So; what is a Curio and Relic? First of all, here is a very nice FAQ from the BATF which describes the legal definition of a curio and relic. The curio is a pretty difficult item to procure, and in a nutshell means anything having some type of historical significance. Now, the more important, to me anyhow, definition of the relic is where having the C&R license really shines. Basically, the relic is any firearm that is not a full auto which is at least 50 years old. This means you can purchase those old military surplus firearms, that were manufactured 50 or more years ago, and acquire them without having to do an FFL transfer! ... (this includes those very fine CMP M1 Garands too!)
Plus ... if you mail in your C&R license to companies like Brownells, you will be qualified to get FFL discounts too.
Of course, state laws still apply ... this is pretty onerous in the state of California. We are in the process of challenging these types of laws ... since Heller and McDonald ... but that is a discussion for another thread.Of course, the applications can be downloaded directly from the BATF website here
The BATF application is pretty easy to fill out. Here are some tips on how to ensure you will get your C&R license.
1. This is the most important. DO NOT FORGET TO INCLUDE THE APPLICATION FEE! The BATF, like any other government agency will NOT process the form if the fee is not included with your application.
2. You must send a filled out copy to your CLEO, (Chief Law Enforcement Officer). In my case, this was the Chief of Police, San Jose Police Department. What you need to do here, is send an email to your CLEO, state that you wish to get your Type-3 FFL. They definitely know what you are talking about and will tell you where to send the completed form.
3. If you are a non-resident, (non-citizen) of the United States, then it is very important that you are registered to own a gun in your country. This usually means that you have a current hunter's license. If you do not have this, your chances of getting a C&R go drastically down.
4. Do not fill out the section that asks if you have a hunting license if you ARE a citizen of the United States. The BATF is asking this information only of non-citizens.
5. In all the YES / NO questions, please use your common sense. I think you can figure out what this means.
6. In all the questions that have, "Give full details on a Separate Sheet for All Yes Answers" ... Well, you should know that you should answer NO to these questions!
10. This is re-iterating point #3 above. In question #9 of the C&R form, it asks your Country of Citizenship. If you answer anything other than USA, then you will need to answer question #10, and you better have a proof of firearm registration, and proof of hunting license!
After you fill everything out, Then you send your forms to both your CLEO and the BATF. Of course, you need to INCLUDE THE FEE to the form sent to the BATF. I highly recommend you go personally to the Post Office and send your completed forms, with FEE, via registered mail.
Then you wait ... It took about 2-3 months to get my forms processed and to become a newly minted Type-3 FFL. The package that you get is pretty darned intimidating. There are books about Federal Firearms regulations, and your license package. I cut out my license and laminated it and stuck it in my wallet ... after signing it of course.
There is one original of your C&R license document, (18 U.S.C. Chapter 44) included along with the FFL information card you keep with you. DO NOT SIGN THIS DOCUMENT! This is the document you need to use in order to do a Type-3 FFL transfer for your new C&R firearm.
What you need to do is make several dozen copies of this document, and to use this document as the transfer vehicle. You need to sign and copy the document when you do the actual C&R transfer.
Most reputable dealers ... actually pretty much all of them know how to deal with the Type-3 transfer. I have not done it yet, but from what I have heard, it is a relatively straight forward process, and it is way easier to do than the normal FFL transfer.
You can pretty much go on line, mail them a signed copy of your Type-3 license, and you can do the transfer right then and there, without having it go through a normal inter-state FFL transfer.
Of course, you need to keep a log of all your transfers, (FFL bound book). You need to do this in case the BATF decides to run an audit on you. I have not done this yet, but I have heard that Brownells has an FFL log book that is relatively cheap, and can be used to properly log all your C&R transactions.
I have talked to other FFL's and in general, they say that the area that most folks get tripped up is not keeping good records.
If you wish to have a text version of this emailed to you, please send me a message, in the message section of this forum.
How to get your Type-3 FFL Curio and Relic License.
The 1968 gun control and safety act created what we now know as the Federal Firearms License, (FFL) process. One of the Types that is relatively easy to do is to sign up for the Type-3 Curio and Relic License. Basically, this is a way so that you only have to do a background check once and from then on, you are pretty much free to purchase a Curio and Relic, across state lines without having to do an FFL transfer.
So; what is a Curio and Relic? First of all, here is a very nice FAQ from the BATF which describes the legal definition of a curio and relic. The curio is a pretty difficult item to procure, and in a nutshell means anything having some type of historical significance. Now, the more important, to me anyhow, definition of the relic is where having the C&R license really shines. Basically, the relic is any firearm that is not a full auto which is at least 50 years old. This means you can purchase those old military surplus firearms, that were manufactured 50 or more years ago, and acquire them without having to do an FFL transfer! ... (this includes those very fine CMP M1 Garands too!)
Plus ... if you mail in your C&R license to companies like Brownells, you will be qualified to get FFL discounts too.
Of course, state laws still apply ... this is pretty onerous in the state of California. We are in the process of challenging these types of laws ... since Heller and McDonald ... but that is a discussion for another thread.Of course, the applications can be downloaded directly from the BATF website here
The BATF application is pretty easy to fill out. Here are some tips on how to ensure you will get your C&R license.
1. This is the most important. DO NOT FORGET TO INCLUDE THE APPLICATION FEE! The BATF, like any other government agency will NOT process the form if the fee is not included with your application.
2. You must send a filled out copy to your CLEO, (Chief Law Enforcement Officer). In my case, this was the Chief of Police, San Jose Police Department. What you need to do here, is send an email to your CLEO, state that you wish to get your Type-3 FFL. They definitely know what you are talking about and will tell you where to send the completed form.
3. If you are a non-resident, (non-citizen) of the United States, then it is very important that you are registered to own a gun in your country. This usually means that you have a current hunter's license. If you do not have this, your chances of getting a C&R go drastically down.
4. Do not fill out the section that asks if you have a hunting license if you ARE a citizen of the United States. The BATF is asking this information only of non-citizens.
5. In all the YES / NO questions, please use your common sense. I think you can figure out what this means.
6. In all the questions that have, "Give full details on a Separate Sheet for All Yes Answers" ... Well, you should know that you should answer NO to these questions!
10. This is re-iterating point #3 above. In question #9 of the C&R form, it asks your Country of Citizenship. If you answer anything other than USA, then you will need to answer question #10, and you better have a proof of firearm registration, and proof of hunting license!
After you fill everything out, Then you send your forms to both your CLEO and the BATF. Of course, you need to INCLUDE THE FEE to the form sent to the BATF. I highly recommend you go personally to the Post Office and send your completed forms, with FEE, via registered mail.
Then you wait ... It took about 2-3 months to get my forms processed and to become a newly minted Type-3 FFL. The package that you get is pretty darned intimidating. There are books about Federal Firearms regulations, and your license package. I cut out my license and laminated it and stuck it in my wallet ... after signing it of course.
There is one original of your C&R license document, (18 U.S.C. Chapter 44) included along with the FFL information card you keep with you. DO NOT SIGN THIS DOCUMENT! This is the document you need to use in order to do a Type-3 FFL transfer for your new C&R firearm.
What you need to do is make several dozen copies of this document, and to use this document as the transfer vehicle. You need to sign and copy the document when you do the actual C&R transfer.
Most reputable dealers ... actually pretty much all of them know how to deal with the Type-3 transfer. I have not done it yet, but from what I have heard, it is a relatively straight forward process, and it is way easier to do than the normal FFL transfer.
You can pretty much go on line, mail them a signed copy of your Type-3 license, and you can do the transfer right then and there, without having it go through a normal inter-state FFL transfer.
Of course, you need to keep a log of all your transfers, (FFL bound book). You need to do this in case the BATF decides to run an audit on you. I have not done this yet, but I have heard that Brownells has an FFL log book that is relatively cheap, and can be used to properly log all your C&R transactions.
I have talked to other FFL's and in general, they say that the area that most folks get tripped up is not keeping good records.