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C & R Status - Date

dfletcherdfletcher Member Posts: 8,077 ✭✭✭
edited January 2013 in Ask the Experts
This is NOT a question about what constitutes "Original Configuration" but rather the date a firearm was taken out of original configuration and whether the date of that change has any impact on the gun's present C & R eligibility status.

For sake of discussion, let's assume whatever change was done to the firearm were clearly sufficient to make it no longer of original configuration. Let's also assume this is a WW II military bolt action rifle, that it is a complete, fully functional firearm and not just a receiver or barelled action.

If the only modification was done 50 years or greater ago is the firearm now C & R eligible?

If the only modification was done fewer than 50 years ago but prior to GCA 68 is the firearm now C & R eligible?

If the only modification was done after GCA 68 is the firearm now C & R eligible?

By "only modification" I mean the rifle in question was modified on that date only, not that it was modifed greater than 50 years ago then again fewer than 50 years but before GCA 68 and again post GCA 68. The modification is a single stand alone event.

Any specific ATF or other supporting citation would be helpful.

Comments

  • Laredo LeftyLaredo Lefty Member Posts: 13,437 ✭✭✭
    edited November -1
    I was at a gun show working a table next to the ATF table last weekend. We talked about this issue but not about your specific questions. The impression I got was it does not matter when the disqualifing modification was done only that it "was done"
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 22,867 ******
    edited November -1
    The answer to all three questions is no. Once the firearm is outside of it's original configuration it loses it's C&R status, whether the time frame is fifty years or one hundred. The only way that such a modified firearm can once again become a Curio and Relic is to restore it to it's original configuration.
  • slumlord44slumlord44 Member Posts: 3,693 ✭✭✭
    edited November -1
    I would have to agree with Mark, even though it makes no sense. Reguards to ATF people at gun shows, my experience is that they know very little about C&R's. Got another question. Gunsmith takes a military Mauser action and builds a sporter out of it in 1930. C&R or not? Gun was actualy built in 1930.
  • Spider7115Spider7115 Member, Moderator Posts: 29,602 ******
    edited November -1
    quote:Originally posted by slumlord44
    I would have to agree with Mark, even though it makes no sense. Reguards to ATF people at gun shows, my experience is that they know very little about C&R's. Got another question. Gunsmith takes a military Mauser action and builds a sporter out of it in 1930. C&R or not? Gun was actualy built in 1930.

    No, it is not a C&R. It lost its collectible status when it was modified, regardless of when.
  • nmyersnmyers Member Posts: 16,326 ✭✭✭
    edited November -1
    If you will refer to ATF P5300.11, you will see that a C&R has only a single purpose: It allows a C&R licensee to obtain a C&R firearm directly from anyone, anywhere, in the US. It doesn't matter when or where a firearm was altered, the transfer may or may not be legal based on what the firearm looks like at the time of the transfer.

    Neal

    "What difference, at this point, does it make?" ---- Hillary Diane Rodham Clinton
  • countryfarmercountryfarmer Member Posts: 4,552
    edited November -1
    The only legal way, I know of, to get a altered firearm reclassified as a C&R is to put in a request to the BATF and have them determine it one on one.They may or may not do it.
  • Spider7115Spider7115 Member, Moderator Posts: 29,602 ******
    edited November -1
    quote:Originally posted by nmyers
    If you will refer to ATF P5300.11, you will see that a C&R has only a single purpose: It allows a C&R licensee to obtain a C&R firearm directly from anyone, anywhere, in the US. It doesn't matter when or where a firearm was altered, the transfer may or may not be legal based on what the firearm looks like at the time of the transfer.

    Neal

    "What difference, at this point, does it make?" ---- Hillary Diane Rodham Clinton

    Be aware that you also need to obey applicable state laws. For example, you can not ship a C&R handgun to C&R licensee in NY State or California. They must go through a Type 01 FFL dealer.
  • dfletcherdfletcher Member Posts: 8,077 ✭✭✭
    edited November -1
    Thanks for the input. My expectation was that date didn't matter.
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