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Correct me if I'm wrong
Unread 10-01-2019, 06:26 PM   #1
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So I purchased a 136 year old Parker from Morphy's Auction. I'm a resident of NY state. The gun is listed as an A or antique in the catalog. My invoice said they did not have a FFL on file for me. Morphy's will not accept my C&R FFL because ammo is available for the gun so they need to ship to a FFL. My read is the gun is pre-1898 so no FFL is required. But a C&R should also be acceptable in that the gun is over 50 years old. I will have the gun shipped to a FFL but what am I missing?
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Unread 10-01-2019, 06:37 PM   #2
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As I understand it, if it will accept modern ammo all bets are off and Morphy’s may be right in erring on the side of caution for the protection of their business.





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Unread 10-01-2019, 06:47 PM   #3
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i understand wanting some form of FFL for their protection in the current environment

but not the reason for not accepting the C&R - because ammo is available - I'd guess its available for almost all C&R covered guns.
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Unread 10-01-2019, 07:05 PM   #4
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So why don't they state guns regardless of age will only ship to a FFL regardless if they are an antique or C&R eligible. It sure would make it less confusing for buyers.
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Unread 10-01-2019, 07:12 PM   #5
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I agree their policy should be clearly stated and posted for all buyers and sellers to see.






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Unread 10-01-2019, 07:36 PM   #6
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I too have a C&R and live in NY. There is much confusion as to the meaning if the "Safe Act" relating to that license.. I have carefully studied the wording as it relates to NICS check and what is exempt. The law states that exemption exists if you have an "FFL". A C&R FFL is and FFL and qualifies. However, if a Dealer or individual wants to error on the side of caution they will not accept the C&R.
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Unread 10-01-2019, 08:04 PM   #7
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Rock Island was recently audited and changed their policy on picking up guns to meet the Illinois law for C&R and modern guns -- a 72 hour wait period. I also noticed that they have limited what they designate an antique when some of those guns are clearly made before 1898. They are careful to the exact minute on when you can pick up a gun. Obey the law. Can't say I blame them, but it's irritating.
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Unread 10-01-2019, 08:12 PM   #8
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It is simply a case of them modifying the rules as they see fit to error on the side of caution. According to how the federal laws are written, they should ship the gun to a C&R if it is over 50 years old and direct to buyer with photo ID if made in or before 1898.
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Unread 10-01-2019, 08:13 PM   #9
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The NY "Safe Act" won't allow a resident to receive lots of firearms which the FEDERAL laws DO permit. This underlying issue, which no one is willing to undertake, is States, passing (their version of ) laws which contradict FEDERAL law. Find a Constitutional Lawyer, whose kids are out of college, and things might change. Otherwise, you're looking at a minimum of $300K-$1M to take a case to the Supreme court.
Don't feel you are alone. You're not. I recently bought a gun from a CA Pawn shop, but had to have it shipped to an 01 FFL in CT. He was perfectly happy to accept my C&R.
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Unread 10-01-2019, 08:35 PM   #10
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All of this has to hurt sales, don't you think?
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