I’d really like to know their citations, because there are only a couple which might apply (and they don’t).
Here's a few of my replies to them calling them out for their citations. If anyones arguing with them right now, feel free to copy/paste my citation explanations. Obligatory I am not a lawyer, so copy/paste at your own risk haha.
(My first reply to them)
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Hello COE Team,
CFARS has notified me that my COE application is incomplete, indicating that I must submit an FFL-03 license or a reason to complete processing. I have applied for COE for FFL-03 as stated in the COE application as the reason for COE. Also, looking at the PC: 27966, which was cited for my application being incomplete, I don’t see any mention of an FFL03 being required for the COE.
Section 27966. Sale, loan, or transfer of firearm to licensed collector; application of section 27545.
If all of the following requirements are satisfied, § 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The firearm is not a handgun.
(b) The firearm is a curio or relic, as defined in § 478.11 of Title 27 of the CFR, or its successor.
(c) The person receiving the firearm has a current certificate of eligibility issued pursuant to § 26710.
(d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(e) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.
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(My second reply to them)
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Hello,
Looking at the mentioned Penal Codes:
PC 26970:
Section 26970. Sale, delivery, loan, or transfer of firearm that is curio or relic; application of Section 26815.
(a) The waiting period described in § 26815 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is a curio or relic, as defined in § 478.11 of Title 27 of the CFR, or its successor.
(2) The sale, delivery, loan, or transfer is made by a dealer.
(3) The sale, delivery, loan, or transfer is made to a person who is licensed as a collector pursuant to Chapter 44 (commencing with § 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The licensed collector has a current certificate of eligibility issued by the Department of Justice pursuant to § 26710.
(b) On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in § 28160 or 28165.
The excerpt that was sent: "licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto" is a part of a list of conditions to not apply the waiting period described in PC 26815. I am applying for a certificate of eligibility; I am not looking for an exception for a waiting period described PC 26815. It doesn’t look like PC 26970 (a) or (b) lists any requirements for a COE.
PC 26585:
Section 26585. Delivery of unloaded firearm that is curio or relic by collector; application of Section 26500.
Section 26500 does not apply to the delivery of an unloaded firearm that is a curio or relic, as defined in § 478.11 of Title 27 of the CFR, if the delivery satisfies all of the following conditions:
(a) It is made by a person licensed as a collector pursuant to Chapter 44 (commencing with § 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) It is made by a person with a current certificate of eligibility issued pursuant to § 26710.
(c) It is made to a dealer.
Looking at PC 26585, this PC discusses delivery of unloaded firearms that is curio or relic and it’s requirements. However, these discuss the delivery of curio and relic firearms, not the COE eligibility requirements.
PC 27966:
I took a look at this Penal Code below, but this pertains an exception to PC 27545 (which is about Sale, loan, or transfer of firearm; completion through licensed dealer).
PC 31700:
This Penal Code discusses exemptions to the Firearm Safety Certificate requirement, which I am not looking to do. The section doesn’t mention anything about COE eligibility either.
I took a look at Penal Code 26710 (Section relating to certificate of eligibility) out of curiosity and I see that it states:
Section 26710. Certificate of eligibility; determination by Department of Justice; administration; fees.
(a) A person may request a certificate of eligibility from the Department of Justice.
(b) The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(c) The department shall issue a certificate to an applicant if the department's records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms.
(d) The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates.
I don’t see any mention of an FFL03 in the list of requirements to request a COE. If this was a mistake, could you please consider moving forward with my initial COE application?
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