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expired C&R bad situation .. need advice


Uscha_Alfons

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Here is a situation a friend of mine has:

Casual collector with C&R license of over 20 years

5 registered class III in collection

no transactions (bought or sold) in last 8 years, last license purchased expired September 2014.

So he has now noticed, almost two years later that his C&R license expired in September 2014 with no record of renewal or follow up contact from ATF.  He assumes that the license was not renewed as his last license is dated "expires Sept 30, 2014" and he has no new license and had not written a check to re-apply for the 3 year license.  He should have one that states "expires September 2017".

So what should he do? 

 

 

Edited by Uscha_Alfons
to better explain the situation
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NOTHING!   keep the records, for obvious reasons. the ATF notice should have been a notice requesting his intent  . the records are only for his benefit and they don't need to be sent in like other FFL records.  . the NFA weapons don't change anything, the acquisition had to be logged like any other C+R  and that's it   cheers mike

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8 hours ago, mike todd said:

NOTHING!   keep the records, for obvious reasons. the ATF notice should have been a notice requesting his intent  . the records are only for his benefit and they don't need to be sent in like other FFL records.  . the NFA weapons don't change anything, the acquisition had to be logged like any other C+R  and that's it   cheers mike

So you are saying that his ownership of the weapons is not affected by a valid C&R license once the transfer has been made?  He is not going to buy any more MG's, but may choose to sell 1-3 of them in the next two years.   Can he get his C&R license renewed without having to worry about his 5 existing transfers being considered forfeit?  He lives in Michigan, a Class III friendly state.

thx,

Alfons

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I think he could be in deep trouble if he keeps the C&R NFA items that he owns and his best bet would be to immediately start transferring the NFA items to me as I hold a current valid C&R FFL.  This way, he will avoid any potential negative consequences from his possession of C&R items with an expired C&R license.  

J.

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You do not need a collector's license to acquire or possess firearms.  The license is helpful in acquiring and transporting interstate, but otherwise does not allow you access to anything you cannot have without it unless there is a state law saying only licensed collectors can have ___.  If you have a use for one, re-apply and get another one.  If not, save the $30 and go on with your life.

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the C+R 'S only function was to allow him to receive arms in that category direct! IT HAS NO FUNCTION FOR REGISTRATION OR OWNERSHIP! once the lic expires its function is FINISHED! if he sells ANYTHING that was acquired with that license and he still has a valid lic, he would enter the buyers info in the disposition area. IF his lic is expired, everything he owns is exactly like ANY OTHER PRIVATELY HELD FIREARM and they would be treated as such along with required legal caveats . BOTTOM LINE ? once the lic expires , its like it NEVER EXISTED as its function has ceased.

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