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can this be shipped to a c&r ffl.

hk-91hk-91 Member Posts: 10,050
edited May 2007 in Ask the Experts
i just bought this rifle and were trying to figure out if he can ship it to me under my c&r ffl

http://www.gunbroker.com/Auction/ViewItem.asp?Item=71157684
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Comments

  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    The rifle has been sporterized; it is no longer classified as a C&R. Unless you live in the same state, he must ship it to an 01/FFL.

    Neal
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  • rufe-snowrufe-snow Member Posts: 18,650 ✭✭✭
    edited November -1
    My 2?, NO. It's been altered from it's original military rifle configuration.

    Many folks don't agree with the above, though. We've had many threads hashing this out, over the years.
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  • hk-91hk-91 Member Posts: 10,050
    edited November -1
    now i would agree with the original military config if the gun wasnt 50 years old. but the receiver is well over 50 years old

    quote:Originally posted by rufe-snow
    My 2?, NO. It's been altered from it's original military rifle configuration.

    Many folks don't agree with the above, though. We've had many threads hashing this out, over the years.
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  • rufe-snowrufe-snow Member Posts: 18,650 ✭✭✭
    edited November -1
    You should have contacted and worked this out with the seller, prior to buying the rifle.

    Strikes me, all your trying to do now is getting us to buy into the proposition that this is a C & R. To influence the seller, so he will send it to you directly, rather then transferring through a 01 FFL.
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  • hk-91hk-91 Member Posts: 10,050
    edited November -1
    i could care less weather it goes through a ffl or directly to me. i have to make a trip to the local ffl to ship a pistol anyway. i was just hoping to save the 20.00 that it would cost me to have him do the transfer.

    quote:Originally posted by rufe-snow
    You should have contacted and worked this out with the seller, prior to buying the rifle.

    Strikes me, all your trying to do now is getting us to buy into the proposition that this is a C & R. To influence the seller, so he will send it to you directly, rather then transferring through a 01 FFL.
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  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
    quote:Originally posted by nmyers
    The rifle has been sporterized; it is no longer classified as a C&R. Unless you live in the same state, he must ship it to an 01/FFL.

    Neal

    +1 this is right, like it or not.
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  • hk-91hk-91 Member Posts: 10,050
    edited November -1
    this is the part that confuses me. it says any gun 50 years old or older. weather the gun is sporterized or not it is still 50 years old or older. any way i will find out for sure when i hear back from the atf.
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  • givettegivette Member Posts: 10,886 ✭
    edited November -1
    The kicker is the unoriginal barrel/trigger assembly. ATF authorizes you (us) a unique type of license. For personal collection purposes. I imagine ATF will say "gun has to be eligible for AARP[:D] and in its original configuration".
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    hk, I think I understand the source of your confusion.

    I know that you are familiar with the 3 categories that permit a firearm to be a C&R; they are listed on page 2 of ATF P5300.11.

    However, ATF has ruled the following: "...ATF's consideration of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration." This can be found on page 131 of your ATF P5300.4.

    So, the gun in question is > 50 years old, which at first makes it appear to fit in the C&R category. But, since it was changed from its "original military configuration", that particular gun is REMOVED from the C&R category; it must be shipped to an FFL only.

    Neal
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  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    Neal those determinations deal with importations, but do not specifically deal with in country purchases by C&R holders.
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  • fundaddyfundaddy Member Posts: 151 ✭✭✭
    edited November -1
    Like on the other forum, this blows me away the number of "no" responses.
    There is absolutely no problem with that rifle being shipped to you with a C&R license.
    Sporterizing, rebarrelling, restocking, whatever doesn't matter if the RECEIVER is C&R.
    This line of "NO logic" would indicate you can't buy a 1920 REmington .22lr with your C&R since it was never in military confuguration. The military config. parts of the law are for importing only.
    Have it shipped to you with confidence. I've done it and it's done all the time
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  • Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
    edited November -1
    #1 Nobody will ever know the difference unless the gun is lost in transit.

    #2 What if the gun was rebarreled more than 50 years ago?
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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