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Re: eligibility of modified rifle for C&R
He Dog
Member Posts: 51,593 ✭✭✭✭
On the previous thread NMyers was exactly correct that the modified firearm did not qualify for C&R status. The BATF regs state that modified firearms over 50 years cannot be imorted as C&R because, "modified firearms do not retain collector interest." Several rulings have held that this importation restriction also applys to such arms through any transactions following importation, again because they hold no collector value when modified. The argument that any 50 year old firearm is eligible for C&R shipping but not for importation is just not valid.
Comments
EOD Guy
Member
764 Posts
Posted - 05/10/2007 : 11:40:49 AM Show Profile Email Poster Reply with Quote
The 50 year rule doesn't apply because BATF has stated in several cases (not just importation) that a military firearm that is not in original configuration does not fall under C&R status because "They are not of special interest to collectors." That is a key requirement that must be met before any of the three methods of determining C&R status can be applied. You have to read the whole definition of "curios or relics", not just the parts that you use to justify your position.
BATF is the one who determines the "special interest to collectors" and "original configuration". About the only way around that would be for a curator of a museum to state that the individual firearm is of museum interest.
Edited by - EOD Guy on 05/10/2007 11:43:27 AM
Is there a photo reference manual published by ATF that shows what configuration a firearm must be in to retain its C&R status? They have a regulation (regulations?) on the need for originality. So, where do I go? Do I have to go to a "knowledgeable" collector to determine this? And is a letter from said collector enough to satisfy ATF?
Hi, all: Givette here. A question on C&R and alterations...
Is there a photo reference manual published by ATF that shows what configuration a firearm must be in to retain its C&R status? They have a regulation (regulations?) on the need for originality. So, where do I go? Do I have to go to a "knowledgeable" collector to determine this? And is a letter from said collector enough to satisfy ATF?
As per EOD GUY's post, "ORIGINAL CONFIGURATION" . I personally interpret this to mean that it has to be in the same state it was, when it left the military arsenal or factory where it was built/reworked.
My interpretation of this entire post is that it is my responsibility as a C&R to determine originality. And I have to find out myself what is/is not the correct configuration,...and hopefully ATF will agree with my findings. Thanks for all your input. Joe.
There is nothing written by ATF that is more definitive than what we have discussed. There really couldn't be, because there are so many little things that could make a difference, & no one could possibly think of everything. Personally, I've gotten into it with ATF on variations of M1 rifles (M1C, M1D, Navy Trophy rifles, arsenal rebuilds, private rebuilds, barrel dates, etc.) They try their best to clarify things, but they have been hamstrung by appropriations riders that prohibited them from overhauling the C&R list.
But, realistically, ATF isn't interested in getting into it with collectors. Their biggest priority right now is fighting terrorism, & they are not going to be wasting resources trying to prosecute a hapless collector. But, the original poster asked what the rules were, & we told him.
Neal
*snip*
They try their best to clarify things, but they have been hamstrung by appropriations riders that prohibited them from overhauling the C&R list.
*snip*
How is it that they have the ability to instantly declare what is sporting and non sporting (and on top of that to base it on country of origin of *some* of the parts) and what parts are "Evil", but they do not have the ability to say "Here's whats being added by age, and here's a new list of exemptions"?